TITLE LX
CORRECTION AND PUNISHMENT

Chapter 622
THE STATE PRISONS

General Provisions

Section 622:1

    622:1 Repealed by 1999, 296:11, eff. Sept. 14, 1999. –

Section 622:2

    622:2 Superintendence. – The state prisons shall be under the superintendence and general management of the commissioner of corrections.

Source. RS 227:2, 4. CS 242:2, 4. GS 270:2, 4. 1870, 22:1, 3. GL 288:2, 4. PS 285:2. PL 400:2. 1927, 101:1. RL 464:2. 1998, 386:16, eff. Aug. 26, 1998.

Section 622:2-a

    622:2-a Wardens. – The wardens of the New Hampshire state prisons shall serve at the pleasure of the commissioner and shall be unclassified employees qualified by education and experience.

Source. 1996, 159:5. 1999, 296:8, eff. Sept. 14, 1999.

Section 622:2-b

    622:2-b Repealed by 1999, 296:12, eff. Sept. 14, 1999. –

Section 622:3

    622:3 Deputy Warden. – [Omitted.]

Section 622:4

    622:4 Compensation. – [Omitted.]

Section 622:5

    622:5 Powers of Commissioner of Corrections. –
The commissioner of corrections, subject to the supervision and direction of the governor and council, shall have power:
I. To appoint all officers and servants necessary for the management of the prisons, and to remove them, subject to the regulations of the state personnel commission.
II. To define the powers, duties, and compensation of such officers and agents, subject to the regulations of the state personnel commission.
III. To establish bylaws for the government of the prisons.
IV. To provide for the purchase of articles necessary for the use of the prisons and for the health and comfort of the officers and prisoners.
V. To provide for the sale of articles manufactured in the prisons or not necessary for the use thereof.
VI. To make contracts, if expedient, for the support and employment of the prisoners or any portion of them, or to provide such other employment for the prisoners as they may deem desirable; to organize, conduct, and manage such industries as in his judgment may be best adapted to the needs of the prisons and the prisoners; and to provide machinery, tools, materials, supplies, and other instrumentalities useful therein. As far as may be practicable, the commissioner shall dispose of the products of every prison industry under his control and management to public institutions within the state.
VII. To make necessary additions, alterations, and repairs within the prisons or their enclosures.
VIII. To provide a military guard for the security of the prisons.
IX. To provide such books and other instruction as shall be deemed necessary for the convicts.

Source. RS 227:5. CS 242:5. GS 270:5. GL 288:5. PS 285:5. 1917, 45:1. PL 400:6. RL 464:6. 1998, 386:4, 16, eff. Aug. 26, 1998.

Section 622:6

    622:6 Visitation. – The governor and council shall be visitors of the state prisons and shall annually, and as much oftener as may be proper, visit the prisons and see that all regulations made for the government thereof are proper and properly executed.

Source. RS 227:10. CS 242:10. GS 270:10. GL 288:10. 1883, 28:1. PS 285:6. PL 400:7. RL 464:7. 1998, 386:16, eff. Aug. 26, 1998.

Section 622:6-a

    622:6-a Security Screening Required. – Any individual entering the secure perimeter of a state correctional facility, including but not limited to visitors, state officials, employees, contractors, and vendors, shall be subject to one or more security screenings and inspections that will incorporate the use of electronic devices, visual searches, pat searches, or search by drug dog. All prisoners may be subject to one or more security screenings and inspections, including a full body security scanner at any time and shall be subject to one or more security screenings, including a full body scanner upon entering the secure perimeter of a state correctional facility. The full body security scanners shall be installed and operated in a manner that only enables the detection of weapons and contraband. No image created by a full body scanner shall be copied or duplicated except for images that are used for investigative purposes or that show weapons or contraband and are needed as evidence for prosecution.

Source. 2016, 263:5, eff. July 1, 2016. 2017, 175:1, eff. Aug. 27, 2017.

Section 622:7

    622:7 Duties of Commissioner of Corrections. –
It shall be the duty of the commissioner of corrections:
I. To receive, safely keep, and employ in the prisons all convicts pursuant to their sentence and until discharged according to law. The commissioner may employ convicts outside of the prison walls, upon terms to be prescribed by the commissioner. A prisoner, while so employed, or while going to or from the prisons in connection with such employment, shall be deemed to be in prison as far as all laws relating to escape, attempts to escape, and aiding escape are concerned.
II. To have the custody and superintendence of all persons confined in the prisons, and of all property belonging thereto.
III. To obey and enforce all orders, bylaws, and regulations which the commissioner may make for the management of the prisons.
IV. To command the military guard for the prisons.
V. To be the fiscal officer of the prisons.
VI. To keep a regular and true account upon the books of the prisons of all money received and expended on account of the prisons and of all their concerns.
VII. Not to be a contractor for the prisons and not to be interested in any contract therewith.
VIII. [Repealed.]
IX. To conduct and manage the industries at the prisons.
X. To conduct and manage the educational program of the prisons.

Source. RS 227:6. CS 242:6. GS 270:6. GL 288:6. PS 285:7. 1917, 45:2. PL 400:8. 1927, 101:2. 1941, 15:1. RL 464:8. RSA 622:7. 1977, 600:36. 1988, 170:4, I, eff. June 25, 1988. 1998, 386:5, eff. Aug. 26, 1998.

Section 622:7-a

    622:7-a Prisoner's Fund. – Notwithstanding RSA 6:11, any interest accruing on moneys in any account established by the commissioner of corrections for the benefit of prisoners and their families or dependent relatives is hereby continually appropriated to the state prisons and may be expended by the commissioner of corrections for the benefit of all prisoners.

Source. 1975, 304:1. 1998, 386:16, eff. Aug. 26, 1998.

Section 622:7-b

    622:7-b Repealed by 2019, 346:50, eff. July 1, 2019. –

Section 622:8

    622:8 Committals. – Whenever any convict shall be sentenced to confinement at hard labor the court shall order the sheriff of the county to remove him to the state prisons and deliver him to the commissioner of corrections.

Source. RS 227:7. CS 242:7. GS 270:7. GL 288:7. PS 285:8. PL 400:9. RL 464:9. 1998, 386:16, eff. Aug. 26, 1998.

Section 622:9

    622:9 Mittimus; Return. – The clerk of the court shall deliver a copy of the conviction, judgment and order issued pursuant to RSA 622:8 to the sheriff, who shall deliver the same, with a copy of his return indorsed thereon, to the commissioner of corrections, and shall make due return to the court of the service of the order, upon an attested copy thereof.

Source. RS 227:8. CS 242:8. GS 270:8. GL 288:8. PS 285:9. PL 400:10. RL 464:10.

Section 622:10

    622:10 United States Prisoners. – The commissioner of corrections shall receive all convicts sentenced to confinement to hard labor by any court of the United States within this state who may be delivered to him by the marshal of the district or his deputy, and shall safely keep such convicts until discharged by due course of the laws of the United States.

Source. RS 227:14. CS 242:14. GS 270:14. GL 288:14. PS 285:10. PL 400:11. RL 464:11.

Section 622:11

    622:11 Illegal Privileges. – A person employed in the prisons is guilty of a misdemeanor if he negligently suffers a prisoner to be at large, or to be visited, comforted, or relieved contrary to the regulations of the prisons or the terms of the sentence of the prisoner, and is guilty of a class B felony if he knowingly allows a controlled substance to be passed to a prisoner.

Source. RS 227:11. CS 242:11. GS 270:11. GL 288:11. PS 285:11. PL 400:12. RL 464:12. RSA 622:11. 1977, 588:21. 1998, 386:6, eff. Jan. 1, 1999.

Section 622:12

    622:12 Repealed by 1985, 80:2, I, eff. Jan. 1, 1986. –

Section 622:13

    622:13 Repealed by 1985, 80:2, II, eff. Jan. 1, 1986. –

Section 622:14

    622:14 Discipline. – The commissioner of corrections may offer suitable encouragement and indulgences to those convicts who distinguish themselves by obedience, industry, and faithfulness, and may punish any convict guilty of insolence or ill language to any officer of the prisons or guilty of obstinate and refractory behavior by solitary imprisonment not more than 30 days at one time or by such other reasonable and effective modes of punishment and discipline as the commissioner of corrections may from time to time prescribe.

Source. RS 227:15. CS 242:15. GS 270:16. GL 288:16. 1885, 72:1. PS 285:15. PL 400:16. RL 464:15. 1998, 386:16, eff. Aug. 26, 1998.

Section 622:15

    622:15 Communication by Inmates with Commissioner of Corrections, etc. – Whenever a prisoner desires to communicate with the governor and council, the commissioner of corrections, or the attorney general, he shall be permitted to do so in a direct manner, without any supervision being exercised over his letters by the prison officials or other persons.

Source. 1879, 97:1. PS 285:16. PL 400:17. RL 464:16. 1949, 25:1, eff. Feb. 23, 1949.

Section 622:16

    622:16 Supplies for Discharged Prisoners. – The commissioner of corrections may furnish, at the expense of the state, to each convict discharged from the prisons a suit of clothes, decent and suitable for the season in which he is discharged, and a sum of money, not more than $ 100.

Source. RS 227:16. CS 270:17. GS 242:16. GL 288:17. PS 285:17. 1903, 84:1. PL 400:18. RL 464:17. 1951, 138:1. RSA 622:16. 1965, 25:1. 1971, 299:1. 1975, 210:1. 1998, 386:16, eff. Aug. 26, 1998.

Section 622:17

    622:17 Committal of One Held on Civil Process. – If any convict sentenced to confinement to hard labor or solitary imprisonment shall, at the time of his sentence, be in custody of the sheriff on civil process, mesne or final, the sheriff shall, on the delivery of such convict to the commissioner of corrections, leave with the commissioner of corrections an attested copy of such process.

Source. RS 227:17. CS 242:17. GS 270:18. GL 288:18. PS 285:18. PL 400:19. RL 464:18.

Section 622:18

    622:18 Detention of One Held on Civil Process. – The commissioner of corrections shall detain a convict committed under the circumstances provided for in RSA 622:17 by virtue of the civil process as well as of his sentence, and, if, at the expiration of the sentence, the civil process is not withdrawn, discharged, satisfied, or annulled, shall still detain the convict thereon until he is discharged or remanded by due course of law.

Source. RS 227:18. CS 242:18. GS 270:19. GL 288:19. PS 285:19. PL 400:20. RL 464:19.

Section 622:19

    622:19 Execution on Judgment against Commissioner of Corrections. – If judgment shall be rendered against a person holding the office of commissioner of corrections, for a sum of money, the execution thereon shall be against his goods, chattels, and lands, but not against his body; and, if the execution is returned unsatisfied, the creditor may file a certified copy of it, and of the return thereon, with the secretary of state.

Source. RS 227:19. CS 242:19. GS 270:20. GL 288:20. PS 285:20. PL 400:21. RL 464:20.

Section 622:20

    622:20 Failure of Commissioner of Corrections to Pay Judgment. – The secretary shall immediately notify the commissioner of corrections thereof, in writing, with the day on which the copy was filed. If the execution shall remain unsatisfied for the space of 90 days after such notification, the commissioner of corrections shall be removed from his office, and execution may then issue against him in common form.

Source. RS 227:20. CS 242:20. GS 270:21. GL 288:21. PS 285:21. PL 400:22. RL 464:21.

Section 622:21

    622:21 Repealed by 1988, 170:4, II, eff. June 25, 1988. –

Section 622:22

    622:22 Religious Ministrations. – The rules and regulations established for the government of any prison, county correctional facility, or public charitable or reformatory institution shall provide for suitable religious instruction and ministration to the inmates.

Source. 1881, 39:1. PS 285:24. PL 400:25. RL 464:23. RSA 622:22. 1988, 89:24, eff. June 17, 1988.

Section 622:23

    622:23 Religious Preferences. – The inmates shall have freedom of religious belief and freedom to worship God according to the dictates of their consciences, but this shall not permit anything inconsistent with proper discipline and management or any expense beyond that made under RSA 622:22.

Source. 1881, 39:1. PS 285:25. PL 400:26. RL 464:24.

Delivery of Articles to Prisoners

Section 622:24

    622:24 Regulations. – No person shall deliver or procure to be delivered or have in his or her possession with intent to deliver to a prisoner confined in the state prisons, or deposit or conceal in or about the prisons, or in any building or upon any land appurtenant thereto, or in any vehicle entering the premises belonging to the prisons, any article with intent that a prisoner shall receive or obtain it, or receive from a prisoner any article with intent to convey it out of the prisons, or bring into or attempt to take from the prisons any article contrary to the rules and regulations established by the commissioner of corrections and without the knowledge and permission of the commissioner of corrections, or designee.

Source. 1925, 57:1. PL 400:31. RL 464:29. 1998, 386:16, eff. Aug. 26, 1998. 2018, 65:2, eff. July 24, 2018.

Section 622:25

    622:25 Penalty. – Any person who violates any provision of RSA 622:24 shall be guilty of a class B felony.

Source. 1925, 57:1. PL 400:32. RL 464:30. RSA 622:25. 1973, 528:320, eff. at 11:59 P.M., Oct. 31, 1973.

Prison Labor and Its Products

Section 622:26

    622:26 Sales of Prison Products. –
I. The commissioner of corrections may contract for the sale or lease of goods and products which are produced at the state prisons on the open market at competitive prices, when, in his opinion, such sale or lease is in the best interests of the inmates and of the prisons and does not conflict unduly with the availability of prison manufactured goods to state and public institutions as provided for in RSA 622:5, VI and RSA 622:28, and results in the best utilization of the prison production capacity.
II. The commissioner of corrections shall not, nor shall any other authority, make any contract by which the labor or time of any prisoner in the state prisons or in any reformatory, penitentiary, or jail in the state shall be farmed out, given or sold to any person.

Source. 1933, 42:1. RL 464:31. RSA 622:26. 1979, 113:1. 1982, 6:1. 1998, 386:7, eff. Aug. 26, 1998.

Section 622:27

    622:27 Sale of Prison-Made Goods. – No goods, wares, or merchandise, manufactured, or mined wholly or in part by convicts or prisoners of other states, except convicts or prisoners on parole or probation, shall be sold on the open market, or be sold to, or exchanged with, an institution of this state or with any of its political subdivisions, except under arrangements which have been entered into between the commissioner of corrections and another state's correctional institution engaged in industrial activities.

Source. 1933, 42:1. RL 464:32. RSA 622:27. 1981, 495:3, eff. July 1, 1981.

Section 622:28

    622:28 Provision of Products for State Agencies. – No articles or supplies, except printing, such as are manufactured at the state prisons or for the state prisons in accordance with arrangements with other prison systems shall be purchased from any other source for the state or its departments or institutions if the division of procurement and support services in the department of administrative services determines that such purchases may be made at fair market value. The commissioner of corrections will advise the division of procurement and support services in the department of administrative services as to what articles or supplies are available for purchase and their current prices.

Source. 1933, 42:1. RL 464:33. RSA 622:28. 1977, 485:2. 1981, 495:4. 1998, 386:8, eff. Aug. 26, 1998. 2014, 327:70, eff. Aug. 2, 2014.

Section 622:28-a

    622:28-a Industries Inventory Account. –
I. An industries inventory account shall be maintained to enable the state prisons to implement RSA 622:26-28. Except for permanent personnel, all operating expenses, materials, supplies, overtime and purchase and repair of equipment determined to be necessary for the growing or manufacture of products for resale shall be a proper charge against this account. Charges for the sale of goods and services produced by the industries program shall be sufficient to defray the expenditures charged against this account and any sums obtained therefrom shall be a credit to the account.
II. The state treasurer, upon presentation of manifests prepared by the commissioner of corrections and certified by the commissioner of administrative services, is authorized to pay for materials, supplies and equipment from any money in the treasury not otherwise appropriated.
III. The commissioner of corrections shall prepare a monthly profit and loss statement and at the end of each fiscal year shall file a report with the commissioner of administrative services in such format and containing such information as the commissioner of administrative services shall require. The commissioner of administrative services at the end of each fiscal year shall cause any profit which accrued during that year to lapse to the general fund.
IV. [Omitted.]
V. All purchases of materials, supplies, and equipment into the inventory account shall be made in accordance with the provisions of RSA 21-I:11 and any equipment purchase in excess of the approval threshold for contracts set by the governor and council manual of procedures, and made under the provisions of this section, shall require the prior approval of both the fiscal committee of the general court and the governor and council.

Source. 1979, 268:1. 1985, 399:3, I. 1998, 386:9, 16, eff. Aug. 26, 1998. 2021, 91:71, eff. July 1, 2021.

Section 622:28-b

    622:28-b Repealed by 1997, 25:1, eff. June 24, 1997. –

Section 622:29

    622:29 Prisoner's Earnings, etc. – The commissioner of corrections may provide for the payment to prisoners confined in the state prisons of such pecuniary earnings, and render to their families such pecuniary assistance, as the commissioner of corrections may deem proper, under such rules as he may prescribe.

Source. 1913, 178:1. PL 400:27. RL 464:25. RSA 622:29. 1998, 386:16, eff. Aug. 26, 1998.

Section 622:30

    622:30 Source of Payment. – When allowed, the earnings and assistance provided for in RSA 622:29 shall be paid out of such money as may be available for current running expenses of the state prisons.

Source. 1913, 178:1. PL 400:28. RL 464:26. RSA 622:30. 1998, 386:16, eff. Aug. 26, 1998.

Section 622:31

    622:31 Application of Earnings. – Any money accruing under RSA 622:29 shall be and remain under the control of the commissioner of corrections, to be used for the benefit of the prisoner, his family or dependent relatives under such regulation as to time, manner, and amount of disbursement as the commissioner of corrections may prescribe.

Source. 1913, 178:2. PL 400:29. RL 464:27.

Section 622:31-a

    622:31-a Medical Care; Inmate Copayment Required. –
I. The commissioner of the department of corrections shall adopt policies and procedures establishing reasonable medical and health service fees for the medical services that are provided to inmates at any state facility.
II. Except as provided in paragraph III, the commissioner may charge each inmate a reasonable fee for medical and mental health services, including prescriptions, medication, or prosthetic devices. The fee shall be deducted from the inmate's account.
III. The commissioner shall exempt the following inmates or medical visits by inmates from payment of medical and health services fees:
(a) Medical visits initiated by the medical or mental health staff, consultants, or contract personnel of the department.
(b) Inmates at reception centers.
(c) Juvenile inmates.
(d) Pregnant inmates.
(e) Seriously mentally ill inmates.
(f) Developmentally disabled inmates, as determined by authorized staff.
(g) Inmates who are housed in the secure psychiatric unit.
(h) Inmates who are undergoing follow-up medical treatment for chronic diseases.
IV. An inmate shall not be refused medical treatment for financial reasons.
V. The commissioner shall establish criteria for reasonable deductions from moneys credited to the inmate's account to repay the cost of medical treatment for injuries that were self-inflicted or inflicted by the inmate on others.
VI. All moneys received by the department for medical and health service fees shall be deposited in the general fund.
VII. The commissioner shall establish criteria for reasonable deductions from moneys credited to the inmate's account to repay the cost of:
(a) Property that the inmate willfully damages or destroys during the inmate's incarceration.
(b) Searching for and apprehending an inmate who escapes or attempts to escape.
(c) Quelling a riot or other disturbance in which the inmate is unlawfully involved.
No inmate shall be subject to deductions from moneys credited to the inmate's account under paragraphs V and VII until the inmate has been afforded a due process hearing and has been found guilty.
VIII. For purposes of this section, "reasonable fee" and "reasonable deduction" mean an amount to be determined by the commissioner of corrections, and which shall be based upon the actual or approximate costs of the property or service for which reimbursement is required.
IX. For purposes of this section, "inmate's account" means the moneys belonging to an inmate which are held in the department of corrections trust fund.

Source. 1995, 296:1, eff. Jan. 1, 1996.

Section 622:32

    622:32 Effect of Misconduct. – If any prisoner shall willfully escape from a state prison or commit a breach of discipline while confined in said prison, or when at liberty on parole shall violate any of the terms and conditions governing prisoners on parole, the commissioner of corrections may, in his or her discretion, cause the forfeiture of all earnings remaining to the prisoner's credit, and the same shall be credited to the account from which it was taken. Any restitution ordered by a court or through the inmate disciplinary system shall, upon payment, be used to defray the operating expenses of the prisons.

Source. 1913, 178:2. PL 400:30. RL 464:28. 1998, 386:10, eff. Aug. 26, 1998. 2007, 239:1, eff. June 25, 2007.

Care and Custody of Female Convicts

Section 622:33

    622:33 Repealed by 1990, 211:4, I, eff. June 26, 1990. –

Section 622:33-a

    622:33-a Care and Custody of Female Prisoners. –
I. There is established a state confinement facility for female prisoners which shall be called the New Hampshire correctional facility for women.
II. The New Hampshire correctional facility for women shall be under the superintendence of a warden. The warden shall serve at the pleasure of the commissioner of corrections and shall be an unclassified employee qualified by education and experience.
III. The operation of the New Hampshire correctional facility for women and the inmates confined to the New Hampshire correctional facility for women shall be governed by the same laws, rules and regulations which govern the state prisons for men and inmates of the state prisons for men, except as otherwise specified by law.

Source. 1990, 211:1. 1996, 159:6. 1998, 386:11. 1999, 296:7, eff. Sept. 14, 1999. 2015, 18:3, eff. July 4, 2015.

Section 622:34

    622:34 Repealed by 1990, 211:4, II, eff. June 26, 1990. –

Section 622:34-a

    622:34-a Expenses of Confinement. – The expenses of confinement of any female transferred to the custody of the state prisons shall be paid by the institution making the transfer.

Source. 1955, 61:3. 1998, 386:16, eff. Aug. 26, 1998.

Section 622:35

    622:35 Good Behavior. – The law of this state with respect to diminution of the length of a sentence for good behavior or other cause shall apply to all sentences served in whole or in part in county prison facilities or out-of-state institutions.

Source. 1941, 123:1. RL 464:36. 1955, 38:2, eff. March 12, 1955.

Section 622:36

    622:36 Return or Transfer of Convicts. – Upon the termination of any contract entered into in accordance with the provisions of this subdivision, or when the terms of any such contract shall so provide, convicts confined in county prison facilities or out-of-state institutions shall be returned by the commissioner of corrections or his assistant to the state prisons or shall be delivered to such other county prison facility or out-of-state penal institution as the commissioner of corrections shall have contracted with under the provisions of this subdivision. The commissioner of corrections shall provide for the return to this state of all such convicts as shall desire to return upon the expiration of their sentences or other discharge by law.

Source. 1941, 123:1. RL 464:37. 1955, 38:3. 1998, 386:12, eff. Aug. 26, 1998.

Section 622:37

    622:37 Cost. – The cost of maintenance of convicts transferred pursuant to this subdivision and the expenses incident to their transfer shall be payable out of the funds provided for the maintenance of the state prisons.

Source. 1941, 123:1. RL 464:38. 1998, 386:16, eff. Aug. 26, 1998.

State Prison Security Force

Section 622:38

    622:38 Prison Security Force. – The commissioner of corrections is authorized to organize a prison security force, consisting of members of the prisons' correctional line personnel, for the purpose of patrolling prison buildings, roads, and grounds and providing for general security at the prisons. The prison security force shall be under the immediate control of and responsible to the commissioner of corrections.

Source. 1977, 599:2. 1998, 386:13, eff. Aug. 26, 1998.

Section 622:39

    622:39 Authority. –
All security officers of the prison security force shall be ex officio constables and shall possess general police powers including the power of arrest, but such powers shall extend only to the confines of the grounds of the prisons and only to the period during which such officers are on official active duty. The only 2 instances where the authority of members of the prison security force shall extend beyond the prisons' grounds are:
I. Where a member of the security force is in hot pursuit of a person or persons who have committed a crime or violation while on prison grounds or who have committed the crime of escape from the prisons; and
II. Where a member of the prison security force is transporting a court committed inmate.

Source. 1977, 599:2. 1998, 386:14, eff. Aug. 26, 1998.

Secure Psychiatric Unit

Section 622:40

    622:40 Definitions. –
In this subdivision:
I. "Commissioner" means the commissioner of the department of corrections under RSA 21-H:2.
II. "Department" means the department of health and human services.
III. [Repealed.]
IV. "Unit" means the secure psychiatric unit.

Source. 1985, 337:1. 1995, 310:170, XI, eff. Nov. 1, 1995.

Section 622:41

    622:41 Unit Established. – There is hereby established a secure psychiatric unit to receive and provide appropriate treatment for persons transferred under RSA 622:45 to a secure environment.

Source. 1985, 337:1, eff. July 1, 1985.

Section 622:42

    622:42 Repealed by 1995, 310:166, eff. Nov. 1, 1995. –

Section 622:43

    622:43 Staffing. –
I. There are hereby established the following unclassified positions:
(a) A medical director, who shall be a board certified psychiatrist and shall be under the administrative supervision of the commissioner. The medical director shall be responsible for the provision, supervision, and administration of the medical and psychiatric services of the department of corrections and the unit.
(b) A psychiatrist, who shall be board eligible and who shall provide psychiatric and medical services under the supervision of the medical director.
(c) A non-medical director, who shall administer programs and services of the division of medical and psychiatric services and the unit.
II. The positions established by paragraph I shall carry with them an annual salary as set forth in RSA 94:1-a.
III. The commissioner shall appoint qualified personnel, who shall serve at the pleasure of the commissioner, to the positions established by paragraph I of this section.

Source. 1985, 337:1. 1993, 321:4, 5, eff. July 1, 1993.

Section 622:44

    622:44 Rulemaking. –
I. The commissioner shall adopt rules, pursuant to RSA 541-A, which provide for effective treatment for persons found to be dangerous to themselves or others and committed or transferred pursuant to RSA 622:45 to an environment which provides for safety and security for the public, the staff, and those committed.
II. The rules shall reflect the general policy that persons committed or transferred to the unit, who may be convicted offenders, persons found not guilty because of insanity, pre-trial detainees, or persons civilly committed, shall retain all their individual rights, except where safety or security mandates restriction.

Source. 1985, 337:1, eff. July 1, 1985.

Section 622:45

    622:45 Commitment. –
Commitment may occur as follows:
I. Any person subject to an involuntary admission to the state mental health services system pursuant to RSA 135-C or any person subject to involuntary admission pursuant to RSA 171-B may at any time be transferred to the unit upon a determination that the person would present a serious likelihood of danger to himself or to others if admitted to or retained in a receiving facility in the state mental health services system. The admission to the unit may be ordered by:
(a) A probate court pursuant to RSA 135-C:34-54; or
(b) An administrator of a designated receiving facility to which a person has been involuntarily admitted pursuant to an involuntary emergency admission or an involuntary admission; or
(c) A probate court pursuant to RSA 171-B or an administrator of a receiving facility to which a person has been involuntarily admitted pursuant to RSA 171-B.
II. Except upon an order of court under subparagraph I(a) or in an emergency, no admission or transfer to the unit shall occur without the prior approval of the commissioner and the commissioner of the department of health and human services, or their designees. In such instances, if the person to be admitted or transferred objects to the transfer, the person may request a hearing or review of the decision by the commissioner of the department of health and human services or designee in accordance with rules adopted pursuant to RSA 541-A. The review or hearing may occur following the admission or transfer where immediate admission or transfer has been determined necessary to protect the person or others. If the commissioner of the department of health and human services upholds the objection of a person to be transferred, the transfer shall not be made. If the commissioner of the department of health and human services upholds the objection of a person already transferred, the person shall promptly be delivered to a receiving facility named by the commissioner of the department of health and human services.
III. Except where ordered by a court of competent jurisdiction, if the commissioner objects to a proposed admission or transfer approved by the commissioner of the department of health and human services, the commissioners may agree to have the disagreement resolved by a mutually acceptable third party.
IV. Any person admitted or transferred to the unit shall be under the care and custody of the commissioner and the medical unit director and shall be subject to the rules of the commissioner until the person is transferred to a receiving facility in the state mental health services system. No person may be retained within the unit longer than the period of the order of involuntary admission to the state mental health services system.
V. A person in the custody of the commissioner who needs treatment for a mental illness may be transferred to the unit following a due process hearing. If the person requires immediate transfer, the due process review shall occur within a reasonable time following the transfer.

Source. 1985, 337:1. 1994, 248:9; 408:14. 1995, 310:167, eff. Nov. 1, 1995.

Section 622:46

    622:46 Treatment Standards. –
I. The commissioner shall establish clinical and treatment standards for the operation of the unit in consultation with the commissioner of the department of health and human services. The commissioners shall review, at least biennially, any interagency agreements and the mental health program at the unit to determine which provisions, standards, or practices should be revised to improve treatment. The commissioner shall submit a report of its findings in each even-numbered year, commencing on or before November 1, 2020, to the speaker of the house of representatives, the senate president, the governor, and the chairpersons of the house committees having jurisdiction over criminal justice issues and health and human services issues, and the chairpersons of the senate committees having jurisdiction over judicial issues and health and human services issues.
II. The governor shall appoint the director ex officio to the advisory committee of the New Hampshire department of corrections pursuant to RSA 21-G:11.

Source. 1985, 337:1. 1995, 310:168, eff. Nov. 1, 1995. 2018, 353:4, eff. July 2, 2018.

Section 622:47

    622:47 Medical Records. – Notwithstanding the provisions of RSA 329:26 and RSA 330-A:32, medical and mental health records concerning current patients shall be exchanged between other state medical and mental health facilities and the unit to facilitate treatment.

Source. 1985, 337:1. 1998, 234:16, eff. Oct. 31, 1998.

Section 622:48

    622:48 Discharge. –
I. When a person committed or transferred to the unit no longer requires the security provided by the unit, the commissioner shall initiate his discharge as follows:
(a) A person who was in pre-trial or post-trial confinement when admitted to the unit shall be returned to the sending facility or other appropriate facility;
(b) The commissioner or designee may transfer to the state mental health services system, or the state developmental services system only if the person was admitted or transferred to the unit pursuant to RSA 171-B, any person admitted or transferred to the unit, pursuant to RSA 622:45, I, upon a determination that the person no longer presents a serious likelihood of danger to self or others if such person were to be confined within a receiving facility in the state mental health services system or the state developmental services delivery system. If the commissioner of health and human services objects to a proposed transfer, the commissioners may agree to have the disagreement resolved by a mutually acceptable third party, or if none is acceptable, by the attorney general.
(c) The commissioner or designee may transfer to the state mental health services system any person committed to the unit under RSA 651:9-a upon a determination by a physician that the person presents a potentially serious likelihood of danger to self or others as a result of mental illness, but the person no longer requires the degree of safety and security provided by the unit. No transfer may occur under this subparagraph without the prior approval of the commissioner of the department of health and human services and administrative due process pursuant to rules adopted by the commissioner under RSA 541-A. If the commissioner of health and human services objects to a proposed transfer, the commissioners may agree to have the disagreement resolved by a mutually acceptable third party. No transfer may occur under this subparagraph without the prior approval of the superior court. Any person transferred under this subparagraph shall, for purposes of treatment, be under the care and custody of the commissioner of health and human services but shall for all other purposes, including, but not limited to, discharge, granting of privileges, parole, and recommittal, remain under the jurisdiction of the commissioner of the department of corrections and the superior court.
(d) When a person is transferred to another facility pursuant to subparagraphs (b) or (c), the commissioner or designee shall provide notice to the attorney general in accordance with RSA 135:17-b.
II. Any person who was committed or transferred to the unit may participate in prison pre-release programs if the commissioner deems it appropriate. However, persons who object and who do not have a state prison sentence shall not be placed in state prison programs.
III. Any person committed to the unit by criminal proceedings may be discharged by a justice of the superior court under RSA 622:51 whenever further detention at the unit is unnecessary, but any person so discharged who was under sentence of imprisonment at the time of his commitment, the period of which has not expired, shall be remanded to prison.

Source. 1985, 337:1. 1986, 220:1, 2. 1994, 408:11. 1995, 310:169, eff. Nov. 1, 1995. 2012, 151:4, eff. Aug. 6, 2012.

Section 622:49

    622:49 Notification of Granting of Off-Grounds Privileges by Director. – Not less than 30 days before the intended date of the granting of off-grounds privileges by the director to any person committed to the unit by criminal proceedings and subsequently transferred to the state mental health services system, the director shall give notice of such intention to the commissioner. The commissioner shall give notice of the director's intention to the superior court for the county in which said person was committed, to the attorney general, and to the county attorney, if any, who prosecuted the case. The superior court justice, the attorney general, or the county attorney, if any, who prosecuted the case may request a hearing before the superior court, in which case the director shall not grant off-grounds privileges to such person prior to the hearing. Following such hearing, the court may approve such off-grounds privileges or may order that no off-grounds privileges be granted at the time. In the event that the order of commitment by the superior court shall expressly provide restrictions upon the manner of commitment, such restrictions shall be observed until such restrictions are modified by further order of the court.

Source. 1986, 220:3, eff. June 6, 1986.

Section 622:50

    622:50 Parole. – The superior court may, with notice to the attorney general and to the county attorney, if any, who prosecuted the case and after a hearing, for due cause shown, parole any person committed to the unit by criminal proceedings upon such terms and conditions as justice may require; and said court may at any time thereafter, for due cause shown, revoke said parole and order said person returned to the unit under the original commitment.

Source. 1986, 220:3, eff. June 6, 1986.

Section 622:51

    622:51 Investigation of Detention. – The superior court may at any time, with notice to the attorney general and to the county attorney, if any, who prosecuted the case, upon application and after a hearing, for due cause shown, investigate the question whether there is sufficient reason for the detention in the unit of any person who has been committed thereto by criminal proceedings, and may order his discharge, when such order ought to be made, without the formality of a writ.

Source. 1986, 220:3, eff. June 6, 1986.

Section 622:52

    622:52 Conduct of Hearings for Commitment, Detention, or Parole. –
Whenever provisions of this chapter relative to the commitment, detention, or parole of the mentally ill by criminal proceedings require that a hearing be conducted by the superior court, such hearing shall be ordered in accordance with the following requirements:
I. Such person shall have the right to be represented by counsel and shall have the right to present independent testimony. The court shall appoint counsel for such person whom it finds to be indigent and who is not represented by counsel, unless such person refuses the appointment of counsel.
II. The court may provide an independent medical examination for such indigent person upon the request of his counsel or upon his own request if he is not represented by counsel.
III. The person shall be allowed not less than 2 days after the appearance of his counsel in which to prepare his case and a hearing shall be conducted forthwith after such period unless counsel requests a delay.
IV. Notice of the time and place of hearing shall be furnished by the court to the commissioner, the person, his counsel, and his nearest relative or guardian.
V. The person or the commissioner may request either an open or a closed hearing and the court in its discretion may grant such a request.

Source. 1986, 220:3, eff. June 6, 1986.

Reimbursement of Cost of Care by Inmates

Section 622:53 to 622:58

    622:53 to 622:58 Repealed by 2019, 172:1, eff. Sept. 8, 2019. –

Section 622:58-a

    622:58-a Cost of Care Reimbursement Fund Established. – There is established the cost of care reimbursement fund, which shall be administered by the commissioner of the department of corrections. This fund shall be nonlapsing and continually appropriated to the commissioner for the purpose of the general care of those persons under departmental control and upkeep of the prison facilities including equipment. The commissioner shall deposit all funds received from the department of justice as specified in RSA 622:58 into this fund.

Source. 2019, 346:47, eff. July 1, 2019.

Commission to Study and Evaluate the Impact of the Discharge of State Prisoners

Section 622:59

    622:59 Repealed by 2018, 115:2, eff. Nov. 1, 2018. –