CHAPTER Cor 100 ORGANIZATIONAL RULES

REVISION NOTE #1:

Document #7446, effective 2-6-01, made extensive changes from the wording, format, and numbering of rules in former Chapter Cor 100, which had expired 3-20-98. Document #7446 replaced all prior filings for the sections in Chapter Cor 100. As organizational rules these rules in Document #7446 would not expire except pursuant to RSA 541-A:17, II.

The prior filings affecting one or more sections in the former Chapter Cor 100 included the following documents:

#2786, effective 8-1-84

#3045(E), EMERGENCY, effective 7-1-85

#3132, effective 10-4-85

#4474, effective 8-29-88

#4795, EMERGENCY, effective 4-6-90, EXPIRED 8-4-90

#4911, effective 8-20-90

#5243, EMERGENCY, effective 10-4-91, EXPIRED 2-1-92. Entire chapter expired except for rules in Documents #4474 and #4911.

#5362, effective 3-20-92, EXPIRED 3-20-98 Entire chapter expired 3-20-98.

PART Cor 101 DEFINITIONS

Cor 101.01 “Behavioral health treatment team” means the staff members assigned to monitor and assist persons under departmental control in their rehabilitation or treatment, and which includes the individual’s case manager and other professional staff members of the division of medical and forensics services assigned to the bureau of behavioral health.

Source. (See Revision Note #1 at chapter heading for Cor 100) #7446, eff 2-6-01; ss by #12500, eff 3-23-18 (formerly Cor 101.15) (See Revision Note #2 at chapter heading for Cor 100)

Cor 101.02 “Case manager” means the individual staff member assigned to each resident to assist him or her in enrolling in appropriate rehabilitative or treatment programs and re-entry planning.

Source. (See Revision Note #1 at chapter heading for Cor 100) #7446, eff 2-6-01; ss by #12500, eff 3-23-18 (formerly Cor 101.01) (See Revision Note #2 at chapter heading for Cor 100)

Cor 101.03 “Chief administrator of the facility” means a warden, director, or other administrator of a correctional facility, as designated by the commissioner, where a resident of the department resides.

Source. (See Revision Note #1 at chapter heading for Cor 100) #7446, eff 2-6-01; ss by #12500, eff 3-23-18 (formerly Cor 101.02) (See Revision Note #2 at chapter heading for Cor 100)

Cor 101.04 “Classification board” means a panel of staff members who perform classification functions and make recommendations pursuant to Cor 400.

Source. (See Revision Note #1 at chapter heading for Cor 100) #7446, eff 2-6-01; ss by #12500, eff 3-23-18 (formerly Cor 101.03) (See Revision Note #2 at chapter heading for Cor 100)

Cor 101.05 “Classification board chair” means an employee of the department who chairs classification boards and makes recommendations concerning the classification of persons under departmental control to the administrator of inmate classification and offender records pursuant to Cor 400.

Source. (See Revision Note #1 at chapter heading for Cor 100) #744

6, eff 2-6-01; ss by #12500, eff 3-23-18 (formerly Cor 101.04) (See Revision Note #2 at chapter heading for Cor 100)

Cor 101.06 “Commissioner” means the individual in charge of the operations of the department of corrections, who is directly responsible to the governor.

Source. (See Revision Note #1 at chapter heading for Cor 100) #7446, eff 2-6-01; ss by #12500, eff 3-23-18 (formerly Cor 101.05) (See Revision Note #2 at chapter heading for Cor 100)

Cor 101.07 “Correctional handbook” means the document furnished to all incarcerated persons under departmental control and which provides information regarding their stay at the prison, including the standards of behavior.

Source. (See Revision Note #1 at chapter heading for Cor 100) #7446, eff 2-6-01; ss by #12500, eff 3-23-18 (formerly Cor 101.14) (See Revision Note #2 at chapter heading for Cor 100)

Cor 101.08 “Custody grades” means the custody and security classification assigned to incarcerated persons under departmental control in due consideration of their escape potential and the level of their threat to both public and institutional safety pursuant to Cor 400.

Source. (See Revision Note #1 at chapter heading for Cor 100) #7446, eff 2-6-01; ss by #12500, eff 3-23-18 (formerly Cor 101.06) (See Revision Note #2 at chapter heading for Cor 100)

Cor 101.09 “Department” means the department of corrections.

Source. (See Revision Note #1 at chapter heading for Cor 100) #7446, eff 2-6-01; ss by #12500, eff 3-23-18 (formerly Cor 101.07) (See Revision Note #2 at chapter heading for Cor 100)

Cor 101.10 “Director” means the director of a division within the department and the director of medical and forensic services.

Source. (See Revision Note #1 at chapter heading for Cor 100) #7446, eff 2-6-01; ss by #12500, eff 3-23-18 (formerly Cor 101.08) (See Revision Note #2 at chapter heading for Cor 100)

Cor 101.11 “Disciplinary board” means a panel of one or more staff members established to hear and review disciplinary violations filed against persons under departmental control.

Source. (See Revision Note #1 at chapter heading for Cor 100) #7446, eff 2-6-01; ss by #12500, eff 3-23-18 (formerly Cor 101.09) (See Revision Note #2 at chapter heading for Cor 100)

Cor 101.12 “Disciplinary hearing” means an appearance by person under departmental control before the disciplinary board to answer charges filed in a disciplinary violation.

Source. (See Revision Note #1 at chapter heading for Cor 100) #7446, eff 2-6-01; ss by #12500, eff 3-23-18 (formerly Cor 101.10) (See Revision Note #2 at chapter heading for Cor 100)

Cor 101.13 “Disciplinary violation” means a violation of standards of behavior.

Source. (See Revision Note #1 at chapter heading for Cor 100) #7446, eff 2-6-01; ss by #12500, eff 3-23-18 (formerly Cor 101.11) (See Revision Note #2 at chapter heading for Cor 100)

Cor 101.14 “Facilities” means any building, enclosure, space, or structure used for the confinement of persons committed to the custody of the commissioner, or for any other matter related to such confinement.

Source. (See Revision Note #1 at chapter heading for Cor 100) #7446, eff 2-6-01; ss by #12500, eff 3-23-18 (formerly Cor 101.12) (See Revision Note #2 at chapter heading for Cor 100)

Cor 101.15 “Partially nude” means less than completely and opaquely covered human genitals, pubic region, buttocks, or female breast below a point immediately above the top of the areola.

Source. (See Revision Note #2 at chapter heading for Cor 100) #12500, eff 3-23-18

Cor 101.16 “Patient” means an individual who is committed to the care of the commissioner pursuant to RSA 622:40-48 and housed in the secure psychiatric unit.

Source. (See Revision Note #1 at chapter heading for Cor 100) #7446, eff 2-6-01; ss by #12500, eff 3-23-18 (formerly Cor 101.16) (See Revision Note #2 at chapter heading for Cor 100)

Cor 101.17 “Patient handbook” means a document furnished to all patients at the secure psychiatric unit and which provides information about their stay at the unit, including the standards of behavior.

Source. (See Revision Note #1 at chapter heading for Cor 100) #7446, eff 2-6-01; ss by #12500, eff 3-23-18 (See Revision Note #2 at chapter heading for Cor 100)

Cor 101.18 “Pending administrative review” means a status provided for in the classification handbook, which restricts the movement of an individual pending the outcome of certain actions or procedures pursuant to Cor 400.

Source. (See Revision Note #1 at chapter heading for Cor 100) #7446, eff 2-6-01; ss by #12500, eff 3-23-18 (See Revision Note #2 at chapter heading for Cor 100)

Cor 101.19 “Person under departmental control” means a person who has been committed to the custody of the commissioner pursuant to a court order, or is transferred to the custody of the commissioner from a confinement facility outside the state prison system where the person was confined pursuant to a court order. The term includes inmates, patients, probationers, and parolees.

Source. (See Revision Note #1 at chapter heading for Cor 100) #7446, eff 2-6-01; ss by #12500, eff 3-23-18 (See Revision Note #2 at chapter heading for Cor 100)

Cor 101.20 “Prison” means a secure facility of the department designed, organized, and staffed to provide safe secure housing and rehabilitative opportunities to person under departmental control and other persons properly transferred to the facility. This includes the New Hampshire state prison for men, New Hampshire correctional facility for women, and the northern New Hampshire correctional facility.

Source. (See Revision Note #1 at chapter heading for Cor 100) #7446, eff 2-6-01; ss by #12500, eff 3-23-18 (formerly Cor 101.28) (See Revision Note #2 at chapter heading for Cor 100)

Cor 101.21 “Prison grounds” means any and all real property owned, leased or under the control of the department of corrections used to house, work, educate or train persons under departmental control, including, but not limited to:

(a) Land and buildings of the secure psychiatric unit;

(b) New Hampshire state prison for men;

(d) New Hampshire correctional facility for women;

(e) Northern New Hampshire correctional facility;

(f) North End transitional housing unit;

(g) Calumet House transitional housing unit;

(h) Shea Farm transitional housing unit;

(i) Concord transitional work center; and

(j) Such other areas as might be bought, leased, or placed under control of the department and used to house, work, educate, or train persons under departmental control.

Source. (See Revision Note #1 at chapter heading for Cor 100) #7446, eff 2-6-01; ss by #12500, eff 3-23-18 (See Revision Note #2 at chapter heading for Cor 100)

Cor 101.22 “Protective custody” means a status provided for in the classification handbook, which separates those persons under departmental control likely to become victims in prison from other persons under departmental control pursuant to rules enumerated in Cor 400.

Source. (See Revision Note #1 at chapter heading for Cor 100) #7446, eff 2-6-01; ss by #12500, eff 3-23-18 (See Revision Note #2 at chapter heading for Cor 100)

Cor 101.23 “Punitive segregation” is a status assigned to a person under departmental control by a disciplinary board as a punishment for a specific offense.

Source. (See Revision Note #1 at chapter heading for Cor 100) #7446, eff 2-6-01; ss by #12500, eff 3-23-18 (See Revision Note #2 at chapter heading for Cor 100)

Cor 101.24 “Quarantine” means the initial arrival process during which the newly arrived person under departmental control is tested, medically evaluated, orientated, and generally prepared for confinement or treatment in a secure environment.

Source. (See Revision Note #1 at chapter heading for Cor 100) #7446, eff 2-6-01; ss by #12500, eff 3-23-18 (See Revision Note #2 at chapter heading for Cor 100)

Cor 101.25 “Re-entry” means a program specifically designed to bridge the transition from confinement to free society and to assist the person under departmental control in making the transition to become a contributing law abiding citizen.

Source. (See Revision Note #2 at chapter heading for Cor 100) #12500, eff 3-23-18

Cor 101.26 “Residential Treatment Unit" means a housing unit within the department that is organizationally and operationally separate and clinically and programmatically managed by the division of medical and forensic services, and which is designed, organized, and staffed to provide safe, secure behavioral health treatment to individuals who have functional impairments interfering with their ability to live in other general prison housing units.

Source. (See Revision Note #2 at chapter heading for Cor 100) #12500, eff 3-23-18

Cor 101.27 “Residents” means persons under departmental control and patients of the secure psychiatric unit who are housed in confinement or treatment facilities, and probationers and parolees who are under supervision in community facilities.

Source. (See Revision Note #1 at chapter heading for Cor 100) #7446, eff 2-6-01; ss by #12500, eff 3-23-18 (formerly Cor 101.25) (See Revision Note #2 at chapter heading for Cor 100)

Cor 101.28 “School release” means a structured program where persons under departmental control live in a group setting under departmental control and attend schools or training facilities in the community.

Source. (See Revision Note #1 at chapter heading for Cor 100) #7446, eff 2-6-01; ss by #12500, eff 3-23-18 (formerly Cor 101.26) (See Revision Note #2 at chapter heading for Cor 100)

Cor 101.29 “Secure psychiatric unit” means a secure forensic facility of the department that is organizationally and operationally separate and clinically and programmatically autonomous from the state prison for men, and which is designed, organized, and staffed to provide safe, secure psychiatric treatment to individuals who are committed to that facility by the courts or transferred to that facility under the provisions of RSA 622:40-48.

Source. (See Revision Note #1 at chapter heading for Cor 100) #7446, eff 2-6-01; ss by #12500, eff 3-23-18 (formerly Cor 101.27) (See Revision Note #2 at chapter heading for Cor 100)

Cor 101.30 “Security threat group” means a group of individuals possessing common characteristics that distinguish them from other groups and are a threat to staff, other inmates, the institution, or the community.

Source. (See Revision Note #2 at chapter heading for Cor 100) #12500, eff 3-23-18

Cor 101.31 “Special Emergency Response Team” means a team trained in tactical operations such as riot control, and hostage rescue, and special weapons such as chemical agents.

Source. (See Revision Note #2 at chapter heading for Cor 100) #12500, eff 3-23-18

Cor 101.32 “Temporary confinement to cell” means the status imposed upon person under departmental control when the person under departmental control becomes so hostile or agitated that opening the person under departmental control’s cell door could result in a violent incident.

Source. (See Revision Note #1 at chapter heading for Cor 100) #7446, eff 2-6-01; ss by #12500, eff 3-23-18 (formerly Cor 101.29) (See Revision Note #2 at chapter heading for Cor 100)

Cor 101.33 “Work release” means a structured program where persons under departmental control live in a group setting under departmental control and work at regular jobs in the community, and which is characterized by increased freedom as the program progresses.

Source. (See Revision Note #1 at chapter heading for Cor 100) #7446, eff 2-6-01; ss by #12500, eff 3-23-18 (formerly Cor 101.30) (See Revision Note #2 at chapter heading for Cor 100)

PART Cor 102 DESCRIPTION

Cor 102.01 Jurisdiction.

(a) The department, established pursuant to RSA 21-H:3, I, through the commissioner and its employees, has the following responsibilities:

(1) To provide for, maintain, and administer the New Hampshire state prison for men, the New Hampshire correctional facility for women, the northern New Hampshire correctional facility, the Residential Treatment Unit, and other such facilities as established, as well as programs as might be required for, the custody, safekeeping, control, correctional treatment, and rehabilitation of persons under departmental control;

(2) To supervise persons placed on probation, court ordered supervision, and persons released into the community on parole and to administer related probation and parole services as directed by the court or the adult parole board;

(3) To provide for, maintain, and administer the secure psychiatric unit to receive persons under departmental control and provide them with appropriate mental health services, treatment, and evaluation and diagnostic services;

(4) To advise the law enforcement community, including the courts and the communities they serve, on the prevention of crime and delinquency;

(5) To develop and publish both long term and short term strategic plans for the state correctional system, which include the departmental goals, objectives, resources, current conditions, and needs;

(6) To establish a unified corrections plan for the state of New Hampshire, including procedures and programs to enhance efficiency and effectiveness in the administration of the correctional system; and

(7) To provide for, maintain, and administer home confinement, intensive supervision, and special alternative incarceration programs.

Source. (See Revision Note #1 at chapter heading for Cor 100) #7446, eff 2-6-01; ss by #12500, eff 3-23-18 (See Revision Note #2 at chapter heading for Cor 100)

Cor 102.02 Internal Organization.

(a) The commissioner shall be in charge of, and responsible for, the department and its operations.

(b) The director of field services shall be in charge of the supervision of persons placed on probation and parole or others assigned to community-based supervision by the courts or the commissioner, including housing, job assistance, collection of fees and victim restitution, enforcement of release conditions and initiation of corrective action when they fail to meet the behavioral standards imposed upon them, pre-sentence investigation, and restitution centers as shall be assigned.

(c) The director of administration shall be in charge of fiscal management, property, contracts, grants management, and correctional industries.

(d) The director of medical and forensic services shall be a board certified psychiatrist and shall be under the administrative supervision of the assistant commissioner. The medical director shall be in charge of the supervision and administration of the medical healthcare and behavioral health services of the department and the secure psychiatric unit.

(e) The warden of the New Hampshire state prison for men shall be in charge of the operation of the New Hampshire state prison for men, the care, custody, safety, and treatment of all persons under departmental control housed at that facility, its security force, as well as other employees with duty stations at the New Hampshire state prison for men.

(f) The warden of the New Hampshire correctional facility for women shall be in charge of the operation of the New Hampshire correctional facility for women, the care, custody, safety, and treatment of persons under departmental supervision and housed at that facility, its security force, as well as other employees with duty stations at the correctional facility for women.

(g) The warden of the northern New Hampshire correctional facility shall be in charge of the operation of the northern New Hampshire correctional facility, the care, custody, safety, and treatment of its inmates, its security force, as well as other employees with duty stations at the northern New Hampshire correctional facility.

(h) The assistant commissioner shall have such powers and duties as are delegated by the commissioner under RSA 21-H: 8, including but not limited to:

(1) Executive direction of all divisions of the department in the absence of the commissioner;

(2) Pre-screening of all federal grant and research requests;

(3) Department liaison with the state legislature;

(4) Liaison with employee bargaining agents and the office of the state negotiator for collective bargaining matters in the absence of the commissioner;

(5) Supervising the director of the division of medical and forensic services.

(6) Supervising the director of the division of community corrections and programs; and

(7) Supervises the administrator of the bureau of business information unit.

(i) The director of security and training shall be in charge of:

(1) Coordinating the development of security and safety related policies and procedures;

(2) Ensuring the consistency in the application of and the enforcement of these security and safety-related policies and procedures;

(3) Supervision of the training bureau ensuring that annual training programs, maintain correctional officer certifications and that non-uniform training programs are applicable to staff needs;

(4) Oversight of staff safety, emergency management, the special emergency response team, and fire prevention efforts;

(5) Supervision of the bureau of classification and offender records ensuring that the classification system is objective, efficient, and effective and that records are safely kept in an appropriate fashion.

(j) The director of professional standards shall be in charge of:

(1) Conducting and supervising investigations and audits relating to all aspects of the operations and programs of the department, including but not limited to, complaints and grievances;

(2) Coordinating and recommending policies designed to promote economy, efficiency, and effectiveness in the administration of the department, and to detect and prevent fraud and abuse in departmental programs and operations;

(3) Advising the commissioner concerning problems or deficiencies relating to the administration of departmental programs and operations, and provide advice on the necessity for, and progress of, correctional action; and

(4) In addition, this position performs other duties as assigned by the commissioner.

(k) The director of community corrections and programs shall be in charge of:

(1) Directing and overseeing departmental services for all persons under departmental control preparing for release from institutional settings into the community;

(2) Supporting case management services for individuals under probation or parole supervision in order to achieve stability within the community and reduce recidivism;

(3) Operating and administering all transitional housing units and the transitional work center where all persons under departmental control are assigned for minimum security and work release in a manner that supports safety and successful community reintegration;

(4) Coordinating the department and community-based service providers, state courts, and municipal, county, and state entities with common issues and responsibilities that support individuals in need of community-based services and supports; and

(5) Working with the department of justice and other state and federal agencies to identify, secure, and manage grant funds to supplement services available to all persons under departmental control, including but not limited to housing and employment assistance, education, health and wellness, and other community services.

Source. (See Revision Note #1 at chapter heading for Cor 100) #7446, eff 2-6-01; ss by #12500, eff 3-23-18 (See Revision Note #2 at chapter heading for Cor 100)

PART Cor 103 PUBLIC REQUESTS FOR INFORMATION

Cor 103.01 Point Of Contact.

(a) Requests for general information relative to the overall operation of the department of corrections and the departmental policies, goals and objectives, shall be directed to:

Commissioner

Department Of Corrections

105 Pleasant Street

PO Box 1806

Concord, NH 03302-1806

(603) 271-5600

(b) Requests for information relative to persons serving periods of time as probationers or parolees or information about probation or parole officers or these programs, shall be directed to:

Director of Field Services

Department Of Corrections

105 Pleasant Street

PO Box 1806

Concord, NH 03302-1806

603 271-5652

(c) Requests for information relative to budgetary matters, fiscal accounting, control of records of persons under departmental control, property and supply accountability, contracts or grants, and correctional industries, shall be directed to:

Director of Administration

Department Of Corrections

105 Pleasant Street

PO Box 1806

Concord, NH 03302-1806

(603) 271-5600

(d) Requests for information relative to persons under departmental control, patients of the secure psychiatric unit or staff at the secure psychiatric unit or the residential treatment unit, or the secure psychiatric unit or the residential treatment unit's policies and operating routines, shall be directed to:

Director of Medical and Forensic Services

Department Of Corrections

281 N. State Street

PO Box 512

Concord, NH 03302-0512

(603) 271-1843

(e) Requests for information relative to individual persons under departmental control or staff at the New Hampshire state prison for men or the New Hampshire state prison for men’s policies and operating routines shall be directed to:

Warden

New Hampshire State Prison

281 N. State Street

PO Box 14

Concord, NH 03302-0014

(603) 271-1801

(f) Requests for information relative to individual persons under departmental control or staff at the New Hampshire correctional facility for women or the New Hampshire correctional facility for women’s policies and operating routines shall be directed to:

Warden

New Hampshire State Prison For Women

42 Perimeter Road

Concord NH 03301

(603) 271-0206

(g) Requests for information relative to individual persons under departmental control or staff at the northern New Hampshire correctional facility or the northern New Hampshire correctional facility’s policies and operating routines shall be directed to:

Warden

Northern New Hampshire Correctional Facility

138 East Milan Road

Berlin, NH 03570

(603) 752-7759

(h) Requests for information relative to the classification and control of records of persons under departmental control, staff training / development, emergency preparedness, security related matters, and equipment or fleet management shall be directed to:

Director of Security and Training

Department of Corrections

105 Pleasant Street 4th Floor

PO Box 1806

Concord, NH 03302-1806

603-271-5603

(i) Requests for information relative to case management services, transitional housing units and the transitional work center, education, and programs shall be directed to;

Director of Community Corrections and Programs

Department of Corrections

105 Pleasant St 4th Floor

PO Box 1806

Concord, NH 03302-1806

(j) Requests for information relative to the Prison Rape Elimination Act (PREA), disciplinary proceedings, claims against the department, and investigations, and internal affairs shall be directed to:

Professional Standards Director

Department of Corrections

105 Pleasant St, 4th Floor

PO Box 1806

Concord, NH 03302-1806

Source. (See Revision Note #1 at chapter heading for Cor 100) #7446, eff 2-6-01; ss by #12500, eff 3-23-18 (See Revision Note #2 at chapter heading for Cor 100)

CHAPTER Cor 200 PRACTICE AND PROCEDURE

REVISION NOTE:

Document #7447, effective 2-6-01, made extensive changes from the wording, format, and numbering of rules in former Chapter Cor 200, which had expired 3-20-98. Document #7447 replaces all prior filings for the sections in Chapter Cor 200.

The prior filings affecting one or more sections in the former Chapter Cor 200 include the following documents:

#2786, effective 8-1-84

#3045(E), EMERGENCY, effective 7-1-85

#3132, effective 10-4-85

#4475, effective 8-29-88

#5243, EMERGENCY, effective 10-4-91, EXPIRED 2-1-92. Entire chapter expired except for rules in Documents #4474 and #4911.

#5362, effective 3-20-92, EXPIRED 3-20-98 Entire chapter expired 3-20-98.

PART Cor 201 PURPOSE AND APPLICABILITY

Cor 201.01 Purpose. The purpose of this chapter is to provide rules of practice and procedure for adjudicative proceedings conducted by the department of corrections.

Source. (See Revision Note at chapter heading for Cor 200) #7447, eff 2-6-01; ss by #9382, INTERIM, eff 2-3-09, EXPIRES: 8-3-09; ss by #9507-A, eff 7-8-09; ss by #12501, eff 3-23-18

Cor 201.02 Applicability. The rules in this chapter shall not apply to persons who are departmental employees or under departmental custody or supervision.

Source. (See Revision Note at chapter heading for Cor 200) #7447, eff 2-6-01; ss by #9382, INTERIM, eff 2-3-09, EXPIRES: 8-3-09; ss by #9507-A, eff 7-8-09; ss by #12501, eff 3-23-18

PART Cor 202 DEFINITIONS

Cor 202.01 Definitions.

(a) “Appearance” means a written notification to the department that a party or a party’s representative intends to actively participate in a hearing.

(b) “Hearing” means “adjudicative proceeding” as defined by RSA 541-A:1, I, namely, “the procedure to be followed in contested cases, as set forth in RSA 541-A:31 through RSA 541-A:36.”

(c) “Motion” means a request to the presiding officer for an order or ruling directing some act to be done in favor of the party making the motion, including a statement of justification or reasons for the request.

(d) “Natural person” means a human being.

(e) “Party” means each person named or admitted as a party, or properly seeking and entitled as a right to be admitted as a party, including all interveners in a proceeding, subject to any limitations established pursuant to RSA 541-A:32, III.

(f) “Person” means any individual, partnership, corporation, association, governmental subdivision, agency, or public or private organization of any character excluding departmental employees or individuals under departmental custody or supervision.

(g) “Presiding officer” means that natural person to whom the commissioner has delegated the authority to preside over a proceeding.

(h) “Proof by a preponderance of the evidence” means a demonstration by admissible evidence that a fact or legal conclusion is more probable than not to be true.

Source. (See Revision Note at chapter heading for Cor 200) #7447, eff 2-6-01; ss by #9382, INTERIM, eff 2-3-09, EXPIRES: 8-3-09; ss by #9507-A, eff 7-8-09; ss by #12501, eff 3-23-18

PART Cor 203 PRESIDING OFFICER; WITHDRAWAL AND WAIVER OF RULES

Cor 203.01 Presiding Officer; Appointment; Authority.

(a) All hearings shall be conducted for the department by a natural person authorized by the commissioner to serve as a presiding officer.

(b) A presiding officer shall as necessary:

(1) Regulate and control the course of a hearing;

(2) Facilitate an informal resolution of an appeal;

(3) Administer oaths and affirmations;

(4) Receive relevant evidence at hearings and exclude irrelevant, immaterial or unduly repetitious evidence;

(5) Rule on procedural requests, including adjournments or postponements, at the request of a party or on the presiding officer's own motion;

(6) Question any person who testifies;

(7) Cause a complete record of any hearing to be made, as specified in RSA 541-A:31, VI; and

(8) Take any other action consistent with applicable statutes, rules and case law necessary to conduct the hearing and complete the record in a fair and timely manner.

Source. (See Revision Note at chapter heading for Cor 200) #7447, eff 2-6-01; ss by #9382, INTERIM, eff 2-3-09, EXPIRES: 8-3-09; ss by #9507-A, eff 7-8-09; ss by #12501, eff 3-23-18

Cor 203.02 Withdrawal of Presiding Officer or Agency Official.

(a) Upon his or her own initiative or upon the motion of any party, a presiding officer or department official shall, for good cause withdraw from any hearing.

(b) Good cause shall exist if a presiding officer or department official:

(1) Has a direct interest in the outcome of a proceeding, including, but not limited to, a financial or family relationship with any party;

(2) Has made statements or engaged in behavior which objectively demonstrates that he or she has prejudged the facts of a case; or

(3) Personally believes that he or she cannot fairly judge the facts of a case.

Source. (See Revision Note at chapter heading for Cor 200) #7447, eff 2-6-01; ss by #9382, INTERIM, eff 2-3-09, EXPIRES: 8-3-09; ss by #9507-A, eff 7-8-09; ss by #12501, eff 3-23-18

Cor 203.03 Waiver or Suspension of Rules by Presiding Officer. The presiding officer, upon his or her own initiative or upon the motion of any party, shall suspend or waive any requirement or limitation imposed by this chapter upon reasonable notice to affected persons when the proposed waiver or suspension appears to be lawful, and would be more likely to promote the fair, accurate and efficient resolution of issues pending before the department than would adherence to a particular rule or procedure.

Source. (See Revision Note at chapter heading for Cor 200) #7447, eff 2-6-01; ss by #9382, INTERIM, eff 2-3-09, EXPIRES: 8-3-09; ss by #9507-A, eff 7-8-09; ss by #12501, eff 3-23-18

PART Cor 204 FILING, FORMAT AND DELIVERY OF DOCUMENTS

Cor 204.01 Date of Issuance or Filing. All written documents governed by these rules shall have a rebuttable presumption of having been issued on the date noted on the document and to have been filed with the department on the actual date of receipt by the department, as evidenced by a date stamp placed on the document by the department in the normal course of business.

Source. (See Revision Note at chapter heading for Cor 200) #7447, eff 2-6-01; ss by #9382, INTERIM, eff 2-3-09, EXPIRES: 8-3-09; ss by #9507-A, eff 7-8-09; ss by #12501, eff 3-23-18

Cor 204.02 Format of Documents.

(a) All correspondence, pleadings, motions or other documents filed under these rules shall:

(1) Include the title and docket number of the proceeding, if known;

(2) Be typewritten or clearly printed on durable paper 8 1/2 by 11 inches in size;

(3) Be signed by the party or proponent of the document, or, if the party appears by a representative, by the representative; and

(4) Include a statement certifying that a copy of the document has been delivered to all parties to the proceeding in compliance with Cor 204.03.

(b) A party or representative's signature on a document filed with the department shall constitute certification that:

(1) The signer has read the document;

(2) The signer is authorized to file it;

(3) To the best of the signer’s knowledge, information and belief there are good and sufficient grounds to support it; and

(4) The document has not been filed for purposes of delay.

Source. (See Revision Note at chapter heading for Cor 200) #7447, eff 2-6-01; ss by #9382, INTERIM, eff 2-3-09, EXPIRES: 8-3-09; ss by #9507-A, eff 7-8-09; ss by #12501, eff 3-23-18

Cor 204.03 Delivery of Documents.

(a) Copies of all petitions, motions, exhibits, memoranda, or other documents filed by any party to a proceeding governed by these rules shall be delivered by that party to all other parties to the proceeding.

(b) All notices, orders, decisions or other documents issued by the presiding officer or department shall be delivered to all parties to the proceeding.

(c) Delivery of all documents relating to a proceeding shall be made by personal delivery or by depositing a copy of the document, by first class mail, postage prepaid, in the United States mail, addressed to the last address given to the department by the party.

(d) When a party appears by a representative, delivery of a document to the party's representative at the address stated on the appearance filed by the representative shall constitute delivery to the party.

Source. (See Revision Note at chapter heading for Cor 200) #7447, eff 2-6-01; ss by #9382, INTERIM, eff 2-3-09, EXPIRES: 8-3-09; ss by #9507-A, eff 7-8-09; ss by #12501, eff 3-23-18

PART Cor 205 TIME PERIODS

Cor 205.01 Computation of Time.

(a) Unless otherwise specified, all time periods referenced in this chapter shall be calendar days.

(b) Computation of any period of time referred to in these rules shall begin with the day after the action which sets the time period in motion, and shall include the last day of the period so computed.

(c) If the last day of the period so computed falls on a Saturday, Sunday or legal holiday, then the time period shall be extended to include the first business day following the Saturday, Sunday or legal holiday.

Source. (See Revision Note at chapter heading for Cor 200) #7447, eff 2-6-01; ss by #9382, INTERIM, eff 2-3-09, EXPIRES: 8-3-09; ss by #9507-A, eff 7-8-09; ss by #12501, eff 3-23-18

PART Cor 206 MOTIONS

Cor 206.01 Motions; Objections.

(a) Motions shall be in written form and filed with the presiding officer, unless made in response to a matter asserted for the first time at a hearing or on the basis of information which was not received in time to prepare a written motion.

(b) Oral motions and any oral objection to such motions shall be recorded in full in the record of the hearing. If the presiding officer finds that the motion requires additional information in order to be fully and fairly considered, the presiding officer shall direct the moving party to submit the motion in writing, with supporting information.

(d) Failure by an opposing party to object to a motion shall not in and of itself constitute grounds for granting the motion.

(e) The presiding officer shall rule upon a motion after full consideration of all objections and other factors relevant to the motion.

Source. (See Revision Note at chapter heading for Cor 200) #7447, eff 2-6-01; ss by #9382, INTERIM, eff 2-3-09, EXPIRES: 8-3-09; ss by #9507-A, eff 7-8-09; ss by #12501, eff 3-23-18

PART Cor 207 NOTICE OF HEARING; APPEARANCES; PRE-HEARING CONFERENCES

Cor 207.01 Commencement of Hearing. A hearing shall be commenced by an order of the department giving notice to the parties as required by Cor 207.03.

Source. (See Revision Note at chapter heading for Cor 200) #7447, eff 2-6-01; ss by #9382, INTERIM, eff 2-3-09, EXPIRES: 8-3-09; ss by #9507-A, eff 7-8-09; ss by #12501, eff 3-23-18

Cor 207.02 Docket Numbers. A docket number shall be assigned to each matter to be heard which shall appear on the notice of hearing and all subsequent orders or decisions of the department.

Source. (See Revision Note at chapter heading for Cor 200) #7447, eff 2-6-01; ss by #9382, INTERIM, eff 2-3-09, EXPIRES: 8-3-09; ss by #9507-A, eff 7-8-09; ss by #12501, eff 3-23-18

Cor 207.03 Notice of Hearing.

(a) A notice of a hearing issued by the department shall contain:

(1) A statement of the time, place and nature of any hearing;

(2) A statement of the legal authority under which a hearing is to be held;

(3) A reference to the particular statutes and rules involved including this chapter;

(4) A short and plain statement of the issues presented; and

(5) A statement that each party has the right to have an attorney present to represent them at their own expense.

Source. (See Revision Note at chapter heading for Cor 200) #7447, eff 2-6-01; ss by #9382, INTERIM, eff 2-3-09, EXPIRES: 8-3-09; ss by #9507-A, eff 7-8-09; ss by #12501, eff 3-23-18

Cor 207.04 Appearances and Representation.

(a) A party or the party’s representative shall file an appearance that includes the following information:

(1) A brief identification of the matter;

(2) A statement as to whether or not the representative is an attorney and if so, whether the attorney is licensed to practice in New Hampshire; and

(3) The party or representative's daytime address and telephone number.

Source. (See Revision Note at chapter heading for Cor 200) #7447, eff 2-6-01; ss by #9382, INTERIM, eff 2-3-09, EXPIRES: 8-3-09; ss by #9507-A, eff 7-8-09; ss by #12501, eff 3-23-18

Cor 207.05 Prehearing Conference. Any party may request, or the presiding officer shall schedule on his or her own initiative, a prehearing conference in accordance with RSA 541-A:31, V to consider:

(a) Offers of settlement;

(b) Simplification of the issues;

(d) Limitations on the number of witnesses;

(e) Changes to standard procedures desired during the hearing by consent of the parties;

(f) Consolidation of examination of witnesses; or

(g) Any other matters which aid in the disposition of the proceeding.

Source. (See Revision Note at chapter heading for Cor 200) #7447, eff 2-6-01; ss by #9382, INTERIM, eff 2-3-09, EXPIRES: 8-3-09; ss by #9507-A, eff 7-8-0909; ss by #12501, eff 3-23-18

PART Cor 208 ROLES OF AGENCY STAFF AND COMPLAINANTS

Cor 208.01 Role of Agency Staff in Enforcement or Disciplinary Hearings. Unless called as witnesses, agency staff shall have no role in any enforcement or disciplinary hearing.

Source. (See Revision Note at chapter heading for Cor 200) #7447, eff 2-6-01; ss by #9382, INTERIM, eff 2-3-09, EXPIRES: 8-3-09; ss by #9507-A, eff 7-8-09; ss by #12501, eff 3-23-18

Cor 208.02 Role of Complainants in Enforcement or Disciplinary Hearings. Unless called as a witness or granted party or intervenor status, a person who initiates an adjudicative proceeding by complaining to an agency about the conduct of a person who becomes a party shall have no role in any enforcement or disciplinary hearing.

Source. #9507-A, eff 7-8-09; ss by #12501, eff 3-23-18

PART Cor 209 CONTINUANCES

Cor 209.01 Continuances.

(a) Any party or intervenor may make an oral or written motion that a hearing be delayed or continued to a later date or time.

(b) A motion for a delay or a continuance shall be granted if the presiding officer determines that a delay or continuance would likely assist in resolving the case fairly, such as by allowing for the presence of a necessary party or witness who was unavoidably unavailable, and would not be contrary to law.

(c) If the later date, time and place to which the hearing will be delayed or continued are known at the time of ruling on a motion, the information shall be stated on the record. If the later date, time, and place are not known at that time, the presiding officer shall as soon as practicable issue a written scheduling order stating the date, time, and place of the delayed or continued hearing.

Source. (See Revision Note at chapter heading for Cor 200) #7447, eff 2-6-01; ss by #9382, INTERIM, eff 2-3-09, EXPIRES: 8-3-09; ss by #9507-A, eff 7-8-09; ss by #12501, eff 3-23-18

PART Cor 210 INTERVENTION

Cor 210.01 Intervention.

(a) A person may intervene in a matter pending before the department under the provisions of RSA 541-A:32, by filing a motion stating facts demonstrating that the person's rights or other substantial interests might be affected by the proceeding or that the person qualifies as an intervenor under any provision of law.

(b) If the presiding officer determines that such intervention would be in the interests of justice and would not impair the orderly and prompt conduct of the hearing, he or she shall grant the motion for intervention.

(d) The presiding officer shall as necessary to promote the orderly and prompt conduct of the hearing impose conditions upon the intervenor’s participation in the proceedings.

(e) These conditions shall include, but are not limited to:

(1) Limitation of the intervenor’s participation to designated issues in which the intervenor has a particular interest demonstrated by the petition;

(2) Limitation of the intervenor’s use of cross-examination and other procedures so as to promote the orderly and prompt conduct of the proceedings; and

(3) Requiring 2 or more intervenors to combine their presentations of evidence and argument, cross-examination, and other participation in the proceedings.

Source. (See Revision Note at chapter heading for Cor 200) #7447, eff 2-6-01; ss by #9382, INTERIM, eff 2-3-09, EXPIRES: 8-3-09; ss by #9507-A, eff 7-8-09 (from Cor 208.01); ss by #12501, eff 3-23-18

PART Cor 211 POSTPONEMENT REQUESTS AND FAILURE TO ATTEND HEARING

Cor 211.01 Postponements.

(a) Any party to a hearing may make an oral or written motion that a hearing be postponed to a later date or time.

(b) If a postponement is requested by a party to the hearing, it shall be granted if the presiding officer determines that good cause has been demonstrated. Good cause shall include the unavailability of parties, witnesses, or representatives necessary to conduct the hearing, the likelihood that a hearing will not be necessary because the parties have reached a settlement or any other circumstances that demonstrate that a postponement would assist in resolving the case fairly.

(c) If the later date, time and place are known at the time of the hearing that is being postponed, the date, time and place shall be stated on the record. If the later date, time, and place are not known at the time of the hearing that is being postponed, the presiding officer shall issue a written scheduling order stating the date, time, and place of the postponed hearing as soon as practicable.

Source. (See Revision Note at chapter heading for Cor 200) #7447, eff 2-6-01; ss by #9382, INTERIM, eff 2-3-09, EXPIRES: 8-3-09; ss by #9507-A, eff 7-8-09 (from Cor 209.01); ss by #12501, eff 3-23-18

Cor 211.02 Failure to Attend Hearing. If any party to whom notice has been given in accordance with Cor 207.03 fails to attend a hearing, the presiding officer shall declare that party to be in default and either:

(a) Dismiss the case, if the party with the burden of proof fails to appear; or

(b) Hear the testimony and receive the evidence offered by a party, if that party has the burden of proof in the case.

Source. (See Revision Note at chapter heading for Cor 200) #7447, eff 2-6-01; ss by #9382, INTERIM, eff 2-3-09, EXPIRES: 8-3-09; ss by #9507-A, eff 7-8-09 (from Cor 209.02); ss by #12501, eff 3-23-18

PART Cor 212 REQUESTS FOR INFORMATION OR DOCUMENTS

Cor 212.01 Voluntary Production of Information. Each party shall attempt in good faith to make a complete and timely response to requests for the voluntary production of information or documents relevant to the hearing.

Source. (See Revision Note at chapter heading for Cor 200) #7447, eff 2-6-01; ss by #9382, INTERIM, eff 2-3-09, EXPIRES: 8-3-09; ss by #9507-A, eff 7-8-09 (from Cor 210.01); ss by #12501, eff 3-23-18

Cor 212.02 Mandatory Pre-Hearing Disclosure of Witnesses and Exhibits. At least 5 days before the hearing the parties shall exchange a list of all witnesses to be called at the hearing with a brief summary of their testimony, a list of all documents or exhibits to be offered as evidence at the hearing, and a copy of each document or exhibit.

Source. (See Revision Note at chapter heading for Cor 200) #7447, eff 2-6-01; ss by #9382, INTERIM, eff 2-3-09, EXPIRES: 8-3-09; ss by #9507-A, eff 7-8-09 (from Cor 210.02); ss by #12501, eff 3-23-18

PART Cor 213 RECORD, PROOF, EVIDENCE AND DECISIONS

Cor 213.01 Record of the Hearing.

(a) The department shall record the hearing by audio recording or other method that will provide a verbatim record.

(b) If any person requests a transcript of the audio record, the department shall cause a transcript to be prepared and, upon receipt of payment for the cost of the transcription, shall provide copies of the transcript to the requesting party.

Source. (See Revision Note at chapter heading for Cor 200) #7447, eff 2-6-01; ss by #9382, INTERIM, eff 2-3-09, EXPIRES: 8-3-09; ss by #9507-A, eff 7-8-09 (from Cor 211.01); ss by #12501, eff 3-23-18

Cor 213.02 Standard and Burden of Proof. The party asserting a proposition shall bear the burden of proving the truth of the proposition by a preponderance of the evidence.

Source. (See Revision Note at chapter heading for Cor 200) #7447, eff 2-6-01; ss by #9382, INTERIM, eff 2-3-09, EXPIRES: 8-3-09; ss by #9507-A, eff 7-8-09 (from Cor 211.02); ss by #12501, eff 3-23-18

Cor 213.03 Testimony; Order of Proceeding.

(a) Any person offering testimony, evidence or arguments shall state for the record his or her name, and role in the proceeding. If the person is representing another person, the person being represented shall also be identified.

(b) Testimony shall be offered in the following order:

(1) The party or parties bearing the burden of proof and such witnesses as the party may call;

and

(2) The party or parties opposing the party who bears the overall burden of proof and such witnesses as the party may call.

Source. (See Revision Note at chapter heading for Cor 200) #7447, eff 2-6-01; ss by #9382, INTERIM, eff 2-3-09, EXPIRES: 8-3-09; ss by #9507-A, eff 7-8-09 (from Cor 211.03); ss by #12501, eff 3-23-18

Cor 213.04 Evidence.

(a) Receipt of evidence shall be governed by the provisions of RSA 541-A:33.

(b) All documents, materials and objects offered as exhibits shall be admitted into evidence unless excluded by the presiding officer as irrelevant, immaterial, unduly repetitious, or legally privileged.

(c) All objections to the admissibility of evidence shall be stated as early as possible in the hearing, but not later than the time when the evidence is offered.

(d) Transcripts of testimony and documents or other materials, admitted into evidence shall be public records unless the presiding officer determines that all or part of a transcript or document is exempt from disclosure under RSA 91-A:5 or applicable case law.

Source. (See Revision Note at chapter heading for Cor 200) #7447, eff 2-6-01; ss by #9382, INTERIM, eff 2-3-09, EXPIRES: 8-3-09; ss by #9507-A, eff 7-8-09 (from Cor 211.04); ss by #12501, eff 3-23-18

Cor 213.05 Proposed Findings of Fact and Conclusions of Law.

(a) Any party may submit proposed findings of fact and conclusions of law to the presiding officer prior to or at the hearing.

(b) Upon request of any party, or if the presiding officer determines that proposed findings of fact and conclusions of law would serve to clarify the issues presented at the hearing, the presiding officer shall specify a date after the hearing for the submission of proposed findings of fact and conclusions of law.

(c) In any case where proposed findings of fact and conclusions of law are submitted, the decision shall include rulings on the proposals.

Source. (See Revision Note at chapter heading for Cor 200) #7447, eff 2-6-01; ss by #9382, INTERIM, eff 2-3-09, EXPIRES: 8-3-09; ss by #9507-A, eff 7-8-09 (from Cor 211.05; ss by #12501, eff 3-23-18

Cor 213.06 Closing the Record.

(a) After the conclusion of the hearing, the record shall be closed and no other evidence shall be received into the record, except as allowed by paragraphs (b) of this section and Cor 213.07.

(b) Before the conclusion of the hearing, a party may request that the record be left open to allow the filing of specified evidence not available at the hearing. If the other parties to the hearing have no objection or if the presiding officer determines that such evidence is necessary to a full consideration of the issues raised at the hearing, the presiding officer shall keep the record open for the period of time necessary for the party to file the evidence.

Source. #9507-A, eff 7-8-09 (from Cor 211.06); ss by #12501, eff 3-23-18

Cor 213.07 Reopening the Record. At any time prior to the issuance of the decision on the merits, the presiding officer, on the presiding officer’s own initiative or on the motion of any party, shall reopen the record to receive relevant, material and non-duplicative testimony, evidence or arguments not previously received, if the presiding officer determines that such testimony, evidence or arguments are necessary to a full and fair consideration of the issues to be decided.

Source. #9507-A, eff 7-8-09 (from Cor 211.07); ss by #12501, eff 3-23-18

Cor 213.08 Decisions.

(a) A departmental official shall not participate in making a decision unless he or she personally heard the testimony in the case, unless the matter’s disposition does not depend on the credibility of any witness and the record provides a reasonable basis for evaluating the testimony.

(b) If a presiding officer has been delegated the authority to conduct a hearing in the absence of a majority of the officials of the department who are to render a final decision, the presiding officer shall submit to the department a written proposal for decision, which shall contain a statement of the reasons for the decision and findings of fact and rulings of law necessary to the proposed decision.

(c) If a proposal for decision in a matter not personally heard by departmental official is adverse to a party to the proceeding other than the department itself, the department shall serve a copy of the proposal for decision on each party to the proceeding and provide an opportunity to file exceptions and present briefs and oral arguments to the department.

(d) A proposal for decision shall become a final decision upon its approval by the department.

(e) The department shall keep a decision on file in its records for at least 5 years following the date of the final decision or the date of the decision on any appeal, unless the director of the division of records management and archives of the department of state sets a different retention period pursuant to rules adopted under RSA 5:40.

Source. #9507-A, eff 7-8-09 (from Cor 211.08); ss by #12501, eff 3-23-18

PART Cor 214 PUBLIC COMMENT HEARINGS FOR RULEMAKING

Cor 214.01 Purpose. The purpose of this part is to provide rules of practice and procedure for the conduct of public hearings at which comment from the general public will be solicited for evaluation and consideration by the department relative to the adoption, amendment or repeal of a departmental rule pursuant to RSA 541-A.

Source. #9507-A, eff 7-8-09 (from Cor 212.01); ss by #12501, eff 3-23-18

Cor 214.02 Scope.

(a) These rules shall apply to all hearings required by law to be conducted by the department at which public comment shall be solicited pursuant to RSA 541-A:11.

Source. #9507-A, eff 7-8-09 (from Cor 212.02); ss by #12501, eff 3-23-18

Cor 214.03 Notice.

(a) A public comment proceeding concerning rulemaking shall be commenced by publishing notice of the hearing in the “Rulemaking Register” so that it shall appear at least 20 days prior to the hearing date.

(b) Notice of rulemaking comment hearings shall comply with RSA 541-A:6.

Source. #9507-A, eff 7-8-09 (from Cor 212.03); ss by #12501, eff 3-23-18

Cor 214.04 Moderator.

(a) The hearing shall be presided over by the moderator, who shall be the commissioner or designee.

(b) The moderator shall:

(1) Call the hearing to order;

(2) Cause a recording of the hearing to be made;

(3) When a group or organization wishes to comment, limit the group to no more than 3 persons, provided that the members who are present may enter their names and address into the record as supporting the position by the group or organization;

(4) Recognize those who wish to be heard, and establish the order thereof;

(5) Limit equally the time available to each speaker based upon the number of speakers who request to be heard;

(6) Recognize a speaker;

(7) Revoke recognition of a speaker who speaks or acts in an abusive or disruptive manner;

(8) Revoke recognition of a speaker who refuses to keep comments relevant to the issues that are the subject of the hearing;

(9) Remove or have removed any person who disrupts the hearing;

(10) Adjourn the hearing; and

(11) Provide opportunity for the submission of written comments consistent with the notice published in the rulemaking register.

Source. #9507-A, eff 7-8-09 (from Cor 212.04); ss by #12501, eff 3-23-18

Cor 214.05 Public Participation.

(a) Any person who wishes to speak on the issues that are the subject of the hearing shall list both name and address on a speakers’ list. All whose names appear on the list may speak at the hearing.

(b) Written comments may be submitted any time from the time notice has been published until the record has been close by the moderator, which shall be consistent with the notice published in the rulemaking register.

Source. #9507-A, eff 7-8-09 (from Cor 212.05); ss by #12501, eff 3-23-18

PART Cor 215 PETITIONS TO THE DEPARTMENT

Cor 215.01 Petitions for Adoption, Amendment, or Repeal of a Rule.

(a) Any interested person may petition the department, through the commissioner, requesting the adoption, amendment or repeal of a rule.

(b) Such petitions shall conform to the applicable requirements set forth in Cor 215.03.

(1) Petitions shall be submitted to the commissioner's office;

(2) If the commissioner determines that the petition is deficient, the commissioner shall, within 10 working days of receipt of the petition notify the petitioner and give the petitioner the opportunity to amend the petition; and

(3) Within 30 days of the receipt of a petition that complies with these rules, the commissioner shall take one of the following actions:

a. Initiate the requested procedure in accordance with RSA 541-A:3, if the requested action is:

1. Within the department's authority; and

2. Consistent with and best implements state statutes affecting the department; or

b. Deny the petition, in writing, stating fully the reasons for denial.

Source. #9507-A, eff 7-8-09 (from Cor 213.01); ss by #12501, eff 3-23-18

Cor 215.02 Petitions for Declaratory Rulings.

(a) Any interested person may petition the department, through the commissioner, requesting a declaratory ruling on the applicability of any statute or rule administered or enforced by the department.

(b) Such petitions shall conform to the applicable requirements set forth in Cor 215.03.

(1) Petitions shall be submitted to the commissioner's office;

(2) If the commissioner determines that a petition is deficient in any respect, the commissioner shall, within 10 working days of receipt of the deficient petition, notify the petitioner in writing of the specific deficiencies and allow the petitioner to amend the petition; and

(3) When a conforming petition for declaratory ruling has been received, the commissioner shall take one of the following actions:

a. Issue a declaratory ruling responsive to the petition within 60 days; or

b. If deemed necessary, request the opinion of the department of justice within 20 working days, and issue a responsive declaratory ruling within 20 working days of receipt of the department of justice's reply.

Source. #9507-A, eff 7-8-09 (from Cor 213.02); ss by #12501, eff 3-23-18

Cor 215.03 Petition Information. Each petition for adoption, amendment, repeal of a rule, or for a declaratory ruling shall:

(a) Be in legible written form and addressed to the:

Commissioner

Department Of Corrections

105 Pleasant Street

PO Box 1806

Concord, NH 03302-1806

(b) Include the petitioner's name and address and, if applicable, the name and address of the organization with which the petitioner is associated and the petitioner's representative;

(d) Cite, where applicable, the rule to be amended or repealed and specify any amendments to be made;

(e) Where the adoption of a new rule is proposed, the petition shall provide the text of the proposed rule;

(f) In the case where a declaratory ruling is sought, the petitioner shall cite the statute or rule and provide all information in the petitioner's possession or available to the petitioner, which is material to the declaratory ruling; and

(g) Be signed and dated.

Source. #9507-A, eff 7-8-09 (from Cor 213.03); ss by #12501, eff 3-23-18

PART Cor 216 EXPLANATION OF ADOPTED RULES

Cor 216.01 Requests for Explanation of Adopted Rules. Pursuant to RSA 541-A: 11, VII, any interested person may, within 30 days of the final adoption of a rule, request a written explanation of that rule by making a written request to the commissioner including:

(a) The name and address of the person making the request; or

(b) If the request is that of an organization or other entity, the name and address of such organization or entity, and the name and address of the representative authorized by the organization or entity to make the request.

Source. #9507-B, eff 7-8-09, EXPIRED: 7-8-17

New. #12395, INTERIM, eff 9-29-17, EXPIRES: 3-28-18; ss by #12501, eff 3-23-18

Cor 216.02 Contents of Explanation. The commissioner shall, within 90 days of receiving a request in accordance with Cor 216.01, provide a written response which:

(a) Concisely states the meaning of the rule adopted;

(b) Concisely states the principal reasons for and against the adoption of the rule in its final form; and

Source. #9507-B, eff 7-8-09, EXPIRED: 7-8-17

New. #12395, INTERIM, eff 9-29-17, EXPIRES: 3-28-18; ss by #12501, eff 3-23-18

PART Cor 217 WAIVER

Cor 217.01 Waiver of Rules other than Cor 200.

(a) Any interested person may request the commissioner to waive a rule. A waiver shall be requested by filing a petition that identifies the rule in question and sets forth the specific facts and arguments that support the waiver.

(b) Petitions for waiver shall address, at a minimum, whether:

(1) Adherence to the rule would cause the petitioner hardship, in that the burden to the petitioner of adherence to the rule would far outweigh the rationale for the rule;

(2) Waiver of the rule would be consistent with the statutes and regulatory programs administered by the department;

(3) Waiver of the rule would injure third persons; and

(4) Waiver is necessary due to factors outside the control of the petitioner.

(c) If examination of the petition reveals that the proposed relief might substantially affect other persons, the commissioner shall require the petitioner to provide notice to those persons. The department shall afford affected persons the opportunity for hearing prior to ruling on the request for waiver.

(d) A petition for waiver of a rule that does not allege material facts, which, if true, would be sufficient to support the requested waiver, shall be denied without further notice or hearing.

(e) The commissioner shall issue a written decision on a request for waiver within 30 days of the receipt of a complete petition. A request for waiver shall be granted for good cause.

(f) For the purposes of this section, good cause shall be deemed to exist if, at a minimum, the petitioner has demonstrated that:

(1) Adherence to the rule would cause the petitioner hardship, in that the burden to the petitioner of adherence to the rule would far outweigh the rationale for the rule;

(2) Waiver of the rule would be consistent with the statutes and regulatory programs administered by the department;

(3) Waiver of the rule would not injure third persons; and

(4) Waiver is necessary due to factors outside the control of the petitioner.

Source. #9507-B, eff 7-8-09, EXPIRED: 7-8-17

New. #12395, INTERIM, eff 9-29-17, EXPIRES: 3-28-18; ss by #12501, eff 3-23-18

CHAPTER Cor 300 OPERATION AND MANAGEMENT OF CORRECTIONS DEPARTMENT ACTIVITIES

REVISION NOTE #1:

Document #7448, effective 2-6-01, made extensive changes from the numbering, and some changes from the wording and format, of rules in former Chapter Cor 300, which had expired 3-20-98. Document #7448 replaced all prior filings for the sections in Chapter Cor 300.

The prior filings affecting one or more sections in the former Chapter Cor 300 included the following documents:

#2721(E), EMERGENCY, effective 5-23-84

#2786, effective 8-1-84

#2942, effective 12-31-84

#3045(E), EMERGENCY, effective 7-1-85

#3132, effective 10-4-85

#4043, effective 4-25-86

#4124, effective 8-28-86

#4293, effective 7-16-87

#4294, effective 7-16-87

#4476, effective 8-29-88

#4477, effective 8-29-88

#4478, effective 8-29-88

#4479, effective 8-29-88

#4524, effective 11-2-88

#4910, effective 8-20-90

#5243, EMERGENCY, effective 10-4-91, EXPIRED 2-1-92. Entire chapter expired except for rules in Documents #4474 and #4911.

#5362, effective 3-20-92, EXPIRED 3-20-98 Entire chapter expired 3-20-98.

Revision Note #2:

Document #12502, effective 3-23-18, readopted with amendments Chapter Cor 300 on operations and management of Corrections Department activities. Document #12502 made extensive changes to the wording, format, structure, and numbering of rules in Chapter Cor 300.

Document #12502 replaces all prior filings for rules in Chapter Cor 300. The prior filings affecting rules in Chapter Cor 300 included the following documents:

#7448, eff 2-6-01

#9383, INTERIM, eff 2-3-09

#9508, eff 7-8-09, EXPIRED 7-8-17

#12396, INTERIM, eff 9-29-17

Revision Note #3:

Document #12791, effective 5-25-19, readopted with amendments and renumbered Cor 403.10, titled “Inmate Request Slip”, as Part Cor 312, titled “Request Slips”, containing Cor 312.01, titled “Request Slip.”

Document #12791 replaces all prior filings for the former rule Cor 403.10. The prior filings affecting the former rule Cor 403.10 included the following documents:

#7449, eff 2-6-01 (as Cor 402.14)

#9384, INTERIM, eff 2-3-09 (as Cor 402.14)

#9509, eff 7-8-09, EXPIRED 7-8-17 (as Cor 402.14)

#12397, INTERIM, eff 9-29-17 (as Cor 402.14)

#12503, eff 3-23-18 (as Cor 403.10)

Revision Note #4:

Document #13154, effective 1-5-21, readopted with amendments Part Cor 305, titled “Access of Visitors to Facilities of the Department of Corrections”, and re-titled the rule as “Access to the Facilities and Grounds of the NH Department of Corrections”. Document #13154 also readopted with amendments Part Cor 312, titled “Request Slips”, and readopted with amendments Cor 313.03, titled “Practice”, and re-titled the rule as “Grievance Procedures”. Lastly, Document #13154 readopted with amendments and renumbered Cor 301.05, titled “Mail”, as Part Cor 314, re-titled as “Resident Mail, Electronic Messaging, and Package Service.”

Document #13154 replaces the prior filing Document #12502 discussed in Revision Note #2 for former Cor 301.05 and former Part Cor 305. Document #13154 also replaces the prior filing Document #12972, effective 5-25-19, for former rule Cor 313.03. Lastly, Document #13154 also replaces the prior filing Document #12791 discussed in Revision Note #3 for former Part Cor 312.

PART Cor 301 STANDARDS OF OPERATION, MANAGEMENT AND ADMINISTRATION OF STATE CORRECTIONS FACILITIES

Cor 301.01 – Cor 301.04 Reserved and Moved to Cor 700

Cor 301.05 Reserved and Moved to Cor 314

PART Cor 302 STANDARDS FOR THE MANAGEMENT AND OPERATION OF REHABILITATION RELATED PROGRAMS

Cor 302.01 Academic and Vocational Education.

(a) The department shall provide an array of academic and vocational programs such as remedial reading and remedial math as well as high school and high school equivalency subjects. The staff shall consist of at least 5 full-time teachers, at least one of whom shall be certified by the New Hampshire department of education in special education. Teachers and vocational instructors shall be certified by the New Hampshire department of education. One of the staff shall be designated as education director, who shall be certified by the department of education as a principal. The education director shall be responsible for designing and implementing academic programs. The education director shall ensure that the career and technical education curriculum is designed with a transition to community based employment opportunities as its base.

(b) During the quarantine period staff from the education unit shall orient each new arrival as to services provided by the academic and vocational programs, shall obtain an educational history, a work history, vocational goals, and administer such tests as necessary to determine the person under departmental control’s academic functioning pursuant to Cor 403.03 (a). Appropriate assessments shall be administered to identify and address the specific educational needs of students determined eligible for special education under the terms established by the interagency agreement between the department of education and the department of corrections as prescribed in RSA 194:60. This information shall be used in conjunction with the classification system in recommending that prospective students participate in a course of instruction designed to improve the likelihood that, upon release, they shall be able to live at liberty without violating the law.

(c) The department shall provide as wide a range of academic and vocational opportunities as reasonably possible and which shall include high school equivalency preparation, remedial instruction, high school academic, and vocational courses as defined by the interagency agreement, individual tutoring, and correspondence courses.

(d) High school diplomas shall be awarded under the provisions of the interagency agreement.

(e) Curriculum, facilities, and equipment shall be provided to deliver the academic and vocational programs.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Cor 300) #12502, eff 3-23-18

Cor 302.02 Guidance. Re-entry programs shall be provided that include vocational testing and counseling. Re-entry classes shall assist in preparing persons under departmental control for parole or unsupervised release and prepare persons under departmental control to seek and hold jobs upon their release.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Cor 300) #12502, eff 3-23-18

Cor 302.03 Diagnosis, Counseling, and Therapy. Reserved and Moved to Cor 505.01 and Cor 505.02

Cor 302.04 Work for Persons under Departmental Control.

(a) Each person under departmental control at a departmental facility shall be afforded the opportunity to work. No person under departmental control shall involuntarily wait for a job assignment longer than 60 days.

(b) Persons under departmental control who by virtue of age, physical incapacity, or mental incapacity cannot work shall not be required to work but such person under departmental control shall have the opportunity to participate in other vocational training, education, and recreation programs commensurate with their physical or mental ability. Prior to removing such a person under departmental control from a job and placing the person under departmental control in non-working status on a permanent basis, staff from the division of medical and forensic services shall provide classification staff with information substantiating the medical or behavioral capacity issues warranting this decision.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Cor 300) #12502, eff 3-23-18

Cor 302.05 Library.

(a) Persons under departmental control and patients of the secure psychiatric unit shall have access to a law library to assist them in accessing the courts to challenge their convictions or their conditions of confinement pursuant to the requirements of Lewis, Director of the Arizona Department of Corrections v. Casey, 516 US 804 (1996), except as noted in (c) below.

(b) Law library access shall consist of:

(1) Physical attendance at the law library;

(2) Access by mail requesting that law library materials be sent to them; or

(3) Individual virtual access through hardware and software resources to law library materials.

(c) In the event that persons under departmental control or patients of the SPU do not have access to the law library as outlined in (b), above, they shall have access to someone trained in legal research to assist them in accessing the courts to challenge their convictions or their conditions of confinement pursuant to the requirements of Lewis, Director of the Arizona Department of Corrections v. Casey, 516 US 804 (1996).

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Cor 300) #12502, eff 3-23-18

Cor 302.06 Religious Activities.

(a) Religious programs, individual religious counseling, or both shall be offered to all persons under departmental control and patients of the SPU. Persons under departmental control and patients shall be able to participate in religious activities appropriate to their custody grade and housing assignment, as follows:

(1) Persons under departmental control and patients of the SPU in minimum, medium, and close security settings shall be able to attend group religious activities;

(2) Persons under departmental control and patients of the SPU during quarantine cycle, in punitive segregation, on pending administrative review status, and in maximum custody status shall have access only to individual religious counseling and group religious activities when available in their respective housing units; and

(3) Patients in the secure psychiatric unit shall have access only to individual religious counseling and group religious activities in the secure psychiatric unit.

(b) The department shall encourage religious volunteers to provide religious ministrations to persons under departmental control and patients of the SPU.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Cor 300) #12502, eff 3-23-18

Cor 302.07 Recreation.

(a) The department shall provide at least one full time recreation supervisor. The recreation supervisor shall provide direct oversight and consultation to all departmental facilities in organizing and implementing a program that affords inmates athletic and leisure time activities. These programs shall extend to all areas of each facility. The recreation supervisor or other departmental staff so tasked shall select and train persons under departmental control to be assistants to help each facility implement and maintain a program which includes both organized and individual athletic and leisure undertakings.

(b) Physical space shall be provided for both the athletic and other leisure time activities.

(d) The secure psychiatric unit and the residential treatment unit shall provide appropriate structured therapeutic recreational activities for persons under departmental control and patients of the SPU.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Cor 300) #12502, eff 3-23-18

PART Cor 303 STANDARDS FOR HEALTH AND MEDICAL CARE IN CORRECTIONS FACILITIES Reserved and Moved to Cor 501 and Cor 502

PART Cor 304 STANDARDS FOR TREATMENT AT THE SECURE PSYCHIATRIC UNIT Reserved and Moved to Cor 504

PART Cor 305 ACCESS TO THE FACILITIES AND GROUNDS OF THE NH DEPARTMENT OF CORRECTIONS

Cor 305.01 Purpose. The purpose of this rule is to establish the procedure through which the public, resident family and friends, clergy, official government and social services representatives, and legal counsel may access the grounds or visit residents confined within New Hampshire department of corrections (NHDOC) facilities, which includes facilities within the division of community corrections.

Source. (See Revision Notes #1, #2, and #4 at chapter heading for Cor 300) #13154, eff 1-5-21

Cor 305.02 Scope. This rule shall apply to all residents, the public, any prospective visitors, and all departmental staff.

Source. (See Revision Notes #1, #2, and #4 at chapter heading for Cor 300) #13154, eff 1-5-21

Cor 305.03 Definitions.

(a) “C1” means a resident living in a transitional housing unit.

(b) “C2” means a resident living at the transitional work center.

(d) “C4” means a resident living in the close custody unit.

(e) “C5” means a resident living in the special housing unit or the special management unit.

(f) “Non-contact visit” means barriers, such as glass partitions are in place that shall restrict contact between the resident and his or her visitors.

(g) “Official business visitor” means any attorneys, government officials, or representatives from other social service organizations, which includes but is not limited to clergy, or other individuals who require a visit with a NHDOC resident to conduct business within the scope of his or her official duties.

(h) “Security threat groups” means a formal or informal group of incarcerated persons that could affect the safety and security of the institution, the public, staff, or other residents. They are what was commonly referred to as prison gangs.

(i) “Special visit” means a visit approved by the facility warden, director, or designee, to occur during a resident’s non-assigned visiting hours, or a visitation by a person or persons not on a resident’s approved visitors list.

(j) “Visitation control room” means an area within the facility where security staff process arriving visitors.

(k) “Vulnerable adult” means an adult with a intellectual disability or similar affliction who has been determined to be incompetent or unable to make decisions by a court or medical authority.

Source. (See Revision Notes #1, #2, and #4 at chapter heading for Cor 300) #13154, eff 1-5-21

Cor 305.04 Visitor Requirement to Follow Rules.

(a) All visitors who visit, or go on, or cross the grounds of a facility or area under the control of the NHDOC shall be subject to the rules established in Cor 305. Failure to follow such rules shall subject the visitor to removal from the grounds, arrest, or prosecution.

(b) Everyone on prison grounds or in NHDOC facilities, regardless of whether they are a resident, visitor, staff, or anyone defined in some other category, shall be subject to search without warning of their vehicles, possessions, and persons pursuant to Cor 306.

Source. (See Revision Notes #1, #2, and #4 at chapter heading for Cor 300) #13154, eff 1-5-21

Cor 305.05 Access to Departmental Facilities for Informational or Educational Purposes.

(a) Any person who seeks access to departmental facilities for the purpose of gathering information or data shall submit in writing a request for access to a specific NHDOC facility to the commissioner of corrections or his or her designee.

(b) Written requests for access shall contain the following:

(1) The name of the individual(s) requesting access to a facility, as well as his or her organization if applicable;

(2) The specific location and the time, date, and duration of the requested visit;

(3) The purpose of the visit, which shall include specific information related to how information will be gathered, which includes, but is not limited to disclosure of the use of any computer/laptop, cellular, audio video equipment, or photography equipment requested for use while in a NHDOC facility; and

(4) Contact information for the individual(s) and the organization if applicable.

(c) Written requests shall be mailed to “State of New Hampshire Department of Corrections, Office of the Commissioner, P.O. Box 1806, Concord, NH 03302”

(d) Requests shall be responded to by the commissioner or his or her designee within 10 business days following the receipt of the request for access. The commissioner shall approve the request as long as access would not jeopardize the safety or security of residents, staff, or the public. The commissioner or designee shall request additional information as needed, which includes, but is not limited to, information explaining the scope of the requested access, additional individual or organizational information, or a completed “Prospective Visitor Consent for Background Check Form” in accordance with Cor 305.15.

(e) Access shall be available to:

(1) A person who is employed to gather or to assist in gathering information or data by a news organization which includes, but is not limited to newspapers, magazines, radio stations or networks, TV stations or networks, and cable networks;

(2) A person who is engaged in gathering information or data on the subject of corrections for the purpose of informing the public in the course of research activity; or

(3) An educational or informational tour sponsored by a school or college, a unit of local, state or federal government, or a chartered community service organization.

(f) Everyone who applies for access shall abide by all rules of the department except to the extent an exception has been granted by the commissioner, or his or her designee as described in (g) below.

(g) Access shall be denied to anyone whose presence would jeopardize the security or good order of the facility, such as unapproved visitors, offenders on probation or parole with the exception of tours by court order, individuals whose criminal history poses legitimate security concerns as discovered through screening requirements as described within (d) above, or individuals whose stated intention is to violate department rules and directives.

(h) Access to NHDOC facilities shall include:

(1) Tours of facilities;

(2) Interviews with staff personnel;

(3) Observation of particular activities or programs; and

(4) Interviews with individual residents, provided that the resident consents to the interview.

(i) Such access shall be deemed a special media visit and shall comport to all requirements and limitations set forth by the commissioner or designee. These limitations shall be made to ensure the highest level of safety and security is maintained for the visitors, staff, residents, and the public. Limitations and requirements shall be subject to change at any time prior to, or during the scheduled visit based on current conditions within NHDOC facilities.

(j) Every application for access shall specify the purpose or purposes for which it is sought.

(k) The commissioner or designee shall grant the application for access if he or she is satisfied that the requested access is consistent with treatment programs, safety and, security, and shall impose such conditions as are necessary, in his or her opinion, to ensure effectiveness of treatment, safety and security, and minimal disruption of the order of the facility.

(l) No visual or sound recordings shall be made of any identifiable resident without the resident’s individual written consent.

(m) A tour shall be summarily terminated if the person in charge of the facility or his or her representative believes that the safety of NHDOC residents, staff, or visitors is in doubt, or if conditions of the approval have been violated.

Source. (See Revision Notes #1, #2, and #4 at chapter heading for Cor 300) #13154, eff 1-5-21

Cor 305.06 Access to NHDOC Grounds for the Purpose of Assembly.

(a) Individuals or groups seeking access to the grounds, lands, or parking areas of any state correctional facility or transitional housing unit operated by the NHDOC shall require written authorization issued by the commissioner or his or her designee.

(b) Written requests for access shall contain the following:

(1) The name of the individual(s) requesting access to the grounds of the NHDOC, as well as his or her organization if applicable;

(2) The specific location and the time, date, and duration of the requested access;

(3) The purpose of the request for access, which shall include specific information related to the purpose of the assembly, and any devices which will be brought on NHDOC grounds which includes, but is not limited to disclosure of the use of any signs, banners, audio video equipment such as megaphones or public addressing equipment, computers, laptops, cellular devices, audio video equipment, or photography equipment; and

(4) Contact information for the individual(s) and the organization if applicable.

State of New Hampshire Department of Corrections

Office of the Commissioner

P.O. Box 1806, Concord, NH 03302

(d) Requests shall be responded to by the commissioner or his or her designee within 10 business days following the receipt of the request for access. The commissioner shall approve or deny the request or ask for additional information, which includes, but is not limited to, information explaining the scope of the requested access, additional individual or organizational information or a completed “Prospective Visitor Consent for Background Check Form” in accordance with Cor 305.15.

(e) Requests shall be granted unless it is determined that the assembly would compromise the safety and security of the facility, the residents, staff or the public.

(f) Individual(s) or organization(s) failing to obtain written authorization from the commissioner or designee prior to assembling will be considered in violation of RSA 635:2(III)(4), Criminal Trespass.

(g) Individual(s) or organization(s) seeking access for reasons other than assembly should apply for access as described within Cor 305.

Source. (See Revision Notes #1, #2, and #4 at chapter heading for Cor 300) #13154, eff 1-5-21

Cor 305.07 Resident Access to Visitation Privileges.

(a) For residents seeking access to visitation, a corrections counselor/case manager (CC/CM) shall review each resident’s NHDOC Electronic Client Record (ECR) and documents within the Electronic Data Storage Area (EDSA) to determine if the resident has a history of violent or sexual crimes committed against children or adults.

(b) The CC/CM shall initiate the records review by preparing a NHDOC “Resident Visitation Enrollment and Routing Form.”

(c) NHDOC staff shall provide the following information on the NHDOC “Resident Visitation Enrollment and Routing Form” and forward it to the next applicable staff location as follows:

(1) The CC/CM shall provide the following:

a. The resident’s full legal name;

b. The resident’s NHDOC identification number;

c. The date the review was initiated;

d. The name of the CC/CM assigned to initiate the review;

e. All current and previous applicable charges; and

f. The CC/CM shall sign and date the form and forward it to the victim services bureau of the NHDOC;

(2) Upon receipt, the victim services bureau staff shall evaluate the preliminary finding(s) and document on the NHDOC “Resident Visitation Enrollment and Routing Form” the following:

a. That current and prior charges as well as any indictments have been reviewed and documented;

b. That the pre-sentence investigation, if applicable was reviewed;

c. That a review of notes prepared by NHDOC probation and parole staff within the ECR was conducted, if applicable;

d. That notes within the ECR pertaining to program completion, notes made by the Administrative Review Committee (ARC) as defined in Cor 501.02, and probation conditions pertaining to contact with minors have been reviewed, if applicable; and

e. That victim services staff have contacted staff within the sexual offender treatment program and behavioral health units if applicable;

(3) Victim services staff shall then supply on the NHDOC “Resident Visitation Enrollment and Routing Form” recommendations based on the data contained within a resident’s ECR and information obtained from applicable programming staff;

(4) Victim services shall make one of the following recommendations:

a. Approve unchaperoned visits with minor children;

b. Deny visits with minor children unless accompanied by a trained/certified chaperone pursuant to Cor 305.16;

c. Deny visitation with minor children;

d. Approve unchaperoned visitation with a vulnerable adult visitor;

e. Deny visits with an adult visitor unless accompanied by a trained/certified chaperone pursuant to Cor 305.16;

f. Deny visitation with an adult visitor; or

g. No visitation restrictions shall be required if no history of violent crimes against minors or adults exists.

(5) A representative from victim services shall sign and date the NHDOC “Resident Visitation Enrollment and Routing Form” and forward the signed form to the warden, director or designee of the facility in which the resident resides;

(6) The warden, director or designee shall make the final decision based on recommendations made by victim services staff and information obtained during the record review pursuant to Cor 305.07;

(7) To ensure the safety of visitors, residents, the public and staff, the warden, director, or designee shall make one of the following determinations based on information contained within the ECR; information considered shall include, but not be limited to, criminal history, court documents, program participation and completion, and resident conduct to include disciplinary infractions. Information shall be provided by NHDOC staff which includes but is not limited to CC/CM’s, victim services staff and probation and parole staff:

a. Approve unchaperoned visits with minor children;

b. Deny visits with minor children unless accompanied by a trained/certified chaperone pursuant to Cor 305.16;

c. Deny visitation with minor children;

d. Approve unchaperoned visits with a vulnerable adult visitor;

e. Deny visits with a vulnerable adult visitor unless accompanied by a trained/certified chaperone pursuant to Cor 305.16;

f. Deny visitation with a vulnerable adult visitor;

g. No visitation restrictions shall be required if no history of violent crimes against minors or adults exists.

(8) The warden, director, or designee shall make additional notes relative to the case as needed and document any restriction(s) or exception(s), which may be unique to the resident and his or her individual case; and

(9) The warden, director, or designee shall then sign and date the completed form and forward the completed form to visitation room staff who shall enter the NHDOC “Resident Visitation Enrollment and Routing Form” into the residents ECR.

(d) Resident access to official business visitors shall not be impacted by statuses, which would preclude a resident from receiving regularly scheduled visits.

(e) Access to visitation shall be a privilege.

(f) The following shall affect a resident’s eligibility to participate in visitation:

(1) While a resident is in a quarantine status, unless exigent circumstances exist which shall include, but not be limited to, death of a family member or a confirmable family emergency, requests for authorization shall be made to the warden, director, or designee of the facility in which the resident resides;

(2) The resident shall be required to be free of any bans on visitation, which have been incurred as a result of disciplinary action taken against the resident;

(3) The resident shall not be in disciplinary confinement to cell (DCC) status as described within Cor 410.09;

(4) The resident shall not be on precautionary watches or in pending administrative review (PAR) status; and

(5) Residents in PAR status or on a precautionary watch shall be required to receive written approval from the warden, director or designee of the facility prior to any visit.

(g) Residents who are placed in a DCC status shall be eligible to receive official business visitors only, pursuant to Cor 305.10.

(h) It shall be the resident’s responsibility to notify prospective visitors when he or she has been placed in a status, which precludes him or her from receiving visits.

(i) C1, C2, and C3 residents shall be authorized a minimum of one visit weekly.

(j) C4 residents shall be authorized a minimum of 2 visits monthly.

(k) C5 residents shall be authorized a minimum of one visit monthly.

(l) Women who reside at a NHDOC facility, who have given birth while incarcerated, shall be authorized 2 additional visits per week with the newborn, for a period not to exceed 8 months post-delivery.

(m) The visitor accompanying the newborn shall be required to meet all eligibility criteria set forth within Cor 305.12.

(n) Visits shall be contingent upon the facility’s ability to accommodate the visit.

(o) Visits from official business visitors shall not be counted against the allotted number of authorized resident visits.

Source. (See Revision Notes #1, #2, and #4 at chapter heading for Cor 300) #13154, eff 1-5-21

Cor 305.08 Visitation Schedules.

(a) A visitation schedule shall be established for each NHDOC facility.

(b) Visiting schedules shall be available on the NHDOC web site, or shall be obtained through the visitation control rooms. Additionally, schedules shall be posted electronically, or within each housing unit in a location where residents shall have access.

(c) Attorneys may visit during the resident’s regularly scheduled visiting times, or during an approved special visit as described within Cor 305.10 (c)(3), regardless of the resident’s working shift.

(d) Clergy may visit on a resident’s regularly scheduled visiting times, or during an approved special visit, coordinated through the facilities warden’s office. Special visits shall be authorized if exigent circumstances exist, requiring the immediate need of a visit outside a resident’s regularly scheduled visit. Exigent circumstances shall include, but not be limited to, verifiable family emergencies to include medical emergencies of family members or death of a family member.

(e) Resident’s visitation times and days are dependent upon his or her classification status and housing assignment within each facility.

(f) Visitation schedules may be adjusted to include cancelation or reduction of visitation hours should a facility emergency arise.

(g) In the case of an emergency during visitation hours all visitors shall be required to depart from prison grounds as directed by security staff.

Source. (See Revision Notes #1, #2, and #4 at chapter heading for Cor 300) #13154, eff 1-5-21

Cor 305.09 Types of Visits.

(a) Contact visits, meaning that residents and visitors are seated across from each other, or next to each other, shall be conducted as follows:

(1) Seating arrangements shall be directed by visit room staff at the time of the visit; and

(2) Factors affecting the determination of seating arrangements shall include, but not be limited to the following:

a. Seating availability within the visit room at the time of the visit, and the number of visitors present;

b. Adherence to visitation rules during a visit;

c. Previous visitation rule infractions; and

d. Any circumstance, which could endanger the public, resident, or staff, or jeopardize institutional order and security.

(b) Non-contact visits shall occur when:

(1) Evidence exists that a contact visit would enhance the likelihood of contraband being introduced;

(2) There is a danger to the resident, the public, or facility staff;

(3) Disciplinary sanctions are in place for the resident, which stipulate non-contact visits;

(4) The location in which the resident is housed can only support this type of visit; or

(5) The department’s investigations bureau or the facility’s chief of security has evidence from a credible source that a disruptive incident is likely to occur which would cause a disruption, and jeopardize the safety of residents, the public, and facility staff.

(1) A resident has a verifiable need for this type of visit; and

(2) The visiting representative has completed all applicable requirements as set forth within Cor 305;

Source. (See Revision Notes #1, #2, and #4 at chapter heading for Cor 300) #13154, eff 1-5-21

Cor 305.10 Official Business Visits.

(a) Space shall be set aside for attorney visits that shall provide privacy when attorney-client confidentially is required.

(b) All attorneys visiting a resident shall be subject to the visitor approval process pursuant to Cor 305.11, Cor 305.12, Cor 305.13, and Cor 305.14.

(1) Attorney visits shall occur during normal business hours;

(2) Attorney visits shall be coordinated through the warden’s office at the facility where the client resides;

(3) If an attorney visit is requested outside of a NHDOC resident’s normal visiting time, and the attorney can articulate why he or she cannot wait until the resident’s regularly scheduled visit, the warden or designee shall approve an exception and allow a visit, which shall be considered a “special visit;”

(4) An attorney visit shall be made for the purpose of conducting legal business and not for the purpose of social visitation;

(5) All attorneys shall be subject to the same rules as regular visitors except as noted within Cor 305.20(h);

(6) Attorneys shall not be required to be on the resident’s approved visitors list;

(7) An attorney wishing to visit his or her client at a NHDOC facility shall be required to complete and submit all applicable forms pursuant to Cor 305.13 and Cor 305.14 to be registered as a NHDOC business visitor;

(8) No attorney visits shall be authorized prior to an attorney completing all requisite paperwork, having a background check completed, and being granted access to NHDOC facilities by the approving authority;

(9) An attorney shall not switch from being an attorney to an active visitor on a resident’s approved visitors list; and

(10) Attorney visits shall not count toward the authorized allotment of visits a resident is entitled.

(d) Official business visits shall be with members of a governmental office or post of authority, or representatives from non-profit organizations to include individuals representing those offices.

(e) The following shall apply to all official business visits:

(1) All official business visits shall require the approval of the warden, director or designee of the facility in which the visit shall take place, prior to the visit occurring;

(2) Official business visits shall not count toward the authorized allotment of visits a resident is entitled;

(3) All official business visitors shall be subject to the visitor approval process pursuant to Cor 305.11, Cor 305.12, Cor 305.13 and Cor 305.14;

(4) The commissioner, warden, director, or his or her designee shall authorize that the required background investigation, pursuant to Cor 305.14 be waived for government entities visiting for one time only; and,

(5) All official business visitors shall be subject to the same rules and regulations as regular visitors except as noted within to Cor 305.20(h).

(f) The following procedures for official business visitors shall apply:

(1) All official business visitors shall enter through the designated entrance at each facility;

(2) All official business visitors shall sign the visitor’s log and shall be issued a visitor’s badge to be worn on the left breast area of the outer garment;

(3) A picture identification for the official business visitor and the name of the resident to be visited shall be provided to the officer on duty; and

(4) A staff member shall escort all official business visitors while inside the secure perimeter.

(g) Visits shall be denied or restricted when:

(1) Security or safety is jeopardized by any individual; or

(2) If visitation by specific individual(s) would be detrimental to the behavioral health interests of the resident involved as determined and documented by behavioral health staff, or a treating medical provider.

Source. (See Revision Notes #1, #2, and #4 at chapter heading for Cor 300) #13154, eff 1-5-21

Cor 305.11 Resident Approved Visitors Lists.

(a) The chief administrator of each facility shall assure that a list of individuals approved to visit each resident is maintained within the resident’s ECR.

(b) Prospective visitors shall complete and submit a “Visitor Registration Form” pursuant to Cor 305.15.

(c) Additionally, a “Prospective Visitor Consent for Background Check Form” shall be completed and submitted pursuant to Cor 305.17.

(d) A visitor shall not be listed on more than one approved visitors list of any resident, unless he or she is a member of the immediate family of each resident, as described within Cor 305.13(f).

(e) There shall be no limit on the number of eligible members of a resident’s immediate family who can be approved to visit.

(f) For the purpose of (e) above, immediate family shall include:

(1) Husband;

(2) Wife;

(3) Children, either natural, adoptive, or step;

(4) Mother, either natural, adoptive, or step;

(5) Father, either natural, adoptive, or step;

(6) Grandparents, either natural, adoptive, or step;

(7) Brothers, either natural, adoptive, or step;

(8) Sisters, either natural, adoptive, or step;

(9) Aunts;

(10) Uncles;

(11) Brother’s spouse;

(12) Sister’s spouse;

(13) Legal civil union partners; and

(14) Grandchildren.

(g) An additional 20 eligible visitors, who are not immediate family, may be added to a resident’s approved visitors list.

(h) Residents may submit a request utilizing a “Request Slip Form” pursuant to Cor 312, to remove individuals from his or her approved visitors list to ensure space is available for new eligible visitors to be added.

(i) Any visitor removed from one resident’s approved visitors list may not be placed on a different resident’s approved visitors list for a period of one year from the date of removal, unless the approved visitor is a family member as described within Cor 305.13(f).

Source. (See Revision Notes #1, #2, and #4 at chapter heading for Cor 300) #13154, eff 1-5-21

Cor 305.12 Eligibility for Access to Correctional Facilities for the Purpose of Resident Visitation.

(a) For prospective visitors whose “Prospective Visitor Consent For Background Check Form” as described within Cor 305.15 reveals an individual to have a criminal record shall not be eligible to attend visits as follows:

(1) Prospective visitors with criminal records involving felony drug offenses within the last 5 years from the date of conviction shall not be allowed to visit;

(2) Prospective visitors with criminal records involving a drug offense violation within the last 5 years from the date of conviction shall not be allowed to visit;

(3) Prospective visitors with pending drug related offenses shall not be allowed to visit;

(4) Prospective visitors with a criminal history that resulted in confinement to a correctional facility for any offense shall not be allowed to visit for 5 years of the date of the release from confinement regardless of the duration of the confinement;

(5) Prospective visitors with any criminal record for non-drug related offenses within one year from the date of the most recent criminal conviction shall not be permitted to visit; and

(6) Prospective visitors who are actively on probation or parole shall not be granted visiting privileges without the written recommendation of the supervising probation or parole officer and the written approval of the warden of the facility as follows:

a. Consideration shall be given for immediate family members only;

b. The prospective visitor may request permission in writing to the probation/parole officer assigned and the warden, director or designee of the facility, which houses the resident intended to be visited;

c. Approval shall be granted if it will support and promote the goal of reintegrating the resident back into the community; and

d. Approval shall be given unless the assigned PPO or warden, director or designee can articulate a reason not to grant the approval, such as the approval would jeopardize the safety of the resident, the public, or facility staff, or put institutional security at risk.

(b) Exceptions for individuals who are not actively on probation or parole, and have been deemed ineligible based on the criteria stated above within Cor 305.12(a)(1)-(5) shall be granted if they support and promote the goal of reintegrating the resident back into the community.

(c) Prospective visitors who do not meet the specific visitation criteria may request an exception by submitting a written appeal to the warden, director or designee of the facility in which the resident resides.

(d) The warden, director, or designee shall review all requests for exceptions.

(e) The warden, director, or designee shall grant exceptions based on information that has been collected and verified as described within (1)-(9) below, and will promote a successful transition from confinement to society as described within Cor 305.12(a)(6)c, above;

(1) The prospective visitor’s relationship to the resident;

(2) The length of time since a disqualifying offense occurred;

(3) The prospective visitor’s criminal history as determined by a criminal background check as described within Cor 305.15;

(4) Input received from the assigned probation and parole officer, if applicable;

(5) The resident’s disciplinary history, if applicable;

(6) The resident’s program compliance and completions, if applicable;

(7) The resident’s current classification status;

(8) The reason the request has been made; and

(9) Any other pertinent facts which the warden, director or designee deems relevant to the specific case.

(f) Exceptions shall be granted by the warden, director or designee on a case by case basis, and all considerations for exceptions shall be determined utilizing the information provided as described within Cor 305.12(e)(1)-(9).

(g) A written explanation of the decision by the warden, director or designee shall be made within 30 days from the date in which the exception request was made.

(h) Current or former employees of the NHDOC or any other confinement facility shall be authorized to visit incarcerated immediate family members upon written request and approval by the warden, director, or designee of the institution housing the resident, unless the individual requesting visitation would be deemed ineligible for visitation pursuant to Cor 305.

(i) Exceptions as described within Cor 305.12 shall be revoked should any information obtained be false or misleading, or the conditions for which an exception has been granted change, which shall include but not be limited to, negative police interactions with or arrests of the visitor, the resident being visited has a status change or safety and security are jeopardized as a result of the previously granted exception.

Source. (See Revision Notes #1, #2, and #4 at chapter heading for Cor 300) #13154, eff 1-5-21

Cor 305.13 “Visitor Registration Form”.

(a) Each prospective visitor shall complete and submit a “Visitor Registration Form” to be considered for eligibility for access to a correctional facility for the purpose of visiting a resident.

(b) The prospective visitor shall supply on the “Visitor Registration Form” the following:

(1) His or her title and full legal name;

(2) His or her gender;

(3) His or her mailing address;

(4) The type of government issued identification he or she shall use when entering a NHDOC facility;

(5) The photo identification identifier number;

(6) The photo identification issuing authority or jurisdiction;

(7) Answers to the following questions and provide explanation for answers that are affirmative:

a. Have you ever been convicted of any crime(s);

b. Are you subject to any orders of the court or other judicial authority;

c. Have you ever been incarcerated, or on probation or parole in the past 5 years;

d. Are you currently under charges for any violation of law;

e. Do you have a family member(s) in the custody of the NHDOC;

f. Do you have any household resident(s) under the supervision of the NHDOC;

g. Have you been on any resident’s visiting list in the past 1-year; and

h. Have you ever corresponded with, or received phone calls from, any NHDOC resident.

(8) An indication whether he or she is a United States (US) citizen;

(9) If the prospective visitor is a US resident, he or she may provide his or her social security number in order to ensure accurate and timely processing;

(10) If the prospective visitor is not a US resident, he or she shall provide his or her immigrant registration identification number;

(11) His or her passport number if applicable;

(12) His or her place of birth;

(13) His or her date of birth;

(14) All additional names he or she is known by if applicable;

(15) Any previous addresses used in the past 5 years if applicable;

(16) His or her driver’s license number if applicable;

(17) The state from which his or her license was issued; and

(18) His or her signature and the date signed.

Source. (See Revision Notes #1, #2, and #4 at chapter heading for Cor 300) #13154, eff 1-5-21

Cor 305.14 “Official Business Visitor Registration Form”.

(a) Any individual visiting a facility in the capacity of an official business visit as described within Cor 305.11 shall complete and submit the “Official business visitor Registration Form”.

(b) All official business visitors shall supply on the “Official business visitor Registration Form” the following:

(1) Official business visitors who are attorneys shall supply in section 1 the following information:

a. The telephone number to the firm being represented;

b. The name of the firm being represented;

c. The address of the firm being represented;

d. The visiting attorney’s New Hampshire bar association identification number;

e. The name of the resident who shall be represented, as well as the resident’s NHDOC identification number; and

f. His or her signature and date signed affirming all information supplied is true and accurate;

(2) Official business visitors who are clergy or an official religious delegate shall supply in section 2 the following information:

a. A telephone number for the organization being represented;

b. The name of the organization being represented;

c. The address of the organization being represented;

d. The name of the resident being visited, as well as the resident’s NHDOC identification number; and

e. The visiting clergy member or religious delegate shall sign and date acknowledging he or she has read and agrees to the disclaimer within section 2 which reads as follows:

“The privilege of spiritual care visitation is limited to the visiting room only for individual resident contact during established visitation schedule at state correctional facilities. Clergy applicants, or designated representatives of a faith community, must attach a letter from affiliated ecclesiastic authority specifying an endorsement of religious qualification, preparation, experience and competence for spiritual care and pastoral counseling of criminal offender(s). Do not complete this form if you intend a voluntary ministry to multiple residents through group religious study, corporate worship, or other temporal activity with residents. Obtain and submit a citizen involvement application and attend an orientation for approval as an authorized volunteer. A person shall not be designated as both an official business visitor and an authorized volunteer by the NHDOC.”

(3) Official business visitors who are a government or inter-agency official shall supply in section 3 the following information:

a. The telephone number to the agency being represented;

b. The name of the agency being represented;

c. The function or purpose of the visit;

d. The name of the resident who shall be represented, as well as the resident’s NHDOC identification number; and

e. His or her signature and date signed affirming all information supplied is true and accurate; and

(4) Official business visitors who are a social services organization representative shall supply in section 4 the following information:

a. A telephone number for the organization being represented;

b. The name of the non-profit or social services organization;

c. The name and title of the head administrator of the organization being represented;

d. The address of the organization being represented;

e. The agency’s mission or purpose;

f. The name of the resident being visited, as well as the resident’s NHDOC identification number;

g. The anticipated benefit to the NHDOC resident being visited; and

h. His or her signature and date signed affirming all information supplied is true and accurate.

Source. (See Revision Notes #1, #2, and #4 at chapter heading for Cor 300) #13154, eff 1-5-21

Cor 305.15 “Prospective Visitor Consent For Background Check Form”.

(a) A prospective visitor of a resident shall supply on the “Prospective Visitor Consent For Background Check Form” the following information:

(1) The name of the resident to be visited;

(2) The resident’s identification number;

(3) His or her first name, last name, and middle initial, to include any alias;

(4) His or her address;

(5) His or her date of birth;

(6) His or her hair color;

(7) His or her eye color;

(8) His or her gender;

(9) Whether the prospective visitor is currently under probation or parole supervision, and why if applicable;

(10) His or her driver license number and issuing state; and

(11) Whether the prospective visitor is a victim of the resident to be visited.

(b) The prospective visitor shall:

(1) Sign and date the form in front of a notary public;

(2) Have the form notarized; and

(3) Deliver the form to the respective correctional facility care of the facility’s visiting room.

Source. (See Revision Notes #1, #2, and #4 at chapter heading for Cor 300) #13154, eff 1-5-21

Cor 305.16 Chaperone Certification For Adults Accompanying Minors.

(a) Residents identified as requiring chaperoned visitation with minor children shall not be authorized to visit with minor children unless the adult accompanying a minor child has successfully completed the NHDOC chaperone safeguard training program.

(b) To qualify for chaperone safeguard training at a NHDOC facility, prospective chaperones shall meet all requirements for visitation pursuant to this rule and be placed on the approved visitors list of the resident with whom the visit shall take place, prior to enrollment in the chaperone safeguard training program. This shall include out of state visitors who have been granted permission for a special visit.

(c) Individuals who have completed chaperone training programs and submitted chaperone certifications from community-based programs prior to December 31, 2019 shall not be required to attend the NHDOC chaperone safeguard training program.

(d) Information regarding the NHDOC chaperone safeguard training program offered within NHDOC locations may be obtained by contacting the NHDOC bureau of victim services.

(e) The bureau of victim services may be reached by calling (603) 271-7351, or (603) 271-4979 to inquire about upcoming training schedules. Information regarding chaperone safeguard training programs which shall include but not be limited to scheduling, cancellations, and upcoming locations shall also be located on the NHDOC web page https://www.nh.gov/nhdoc/policies/index.html .

(f) The NHDOC shall provide chaperone safeguard training to individuals free of charge.

(g) Program schedules and locations shall be determined based on demand, and shall be subject to change.

(h) Individuals attending the NHDOC chaperone safeguard training program shall be required to complete the following prior to enrollment:

(1) The prospective chaperone shall complete and submit all requisite information required to determine eligibility for placement on a resident’s approved visitors list pursuant to Cor 305.12 and Cor 305.13;

(2) The prospective chaperone shall complete and submit the NHDOC “Chaperone Safeguard Training Application” at a minimum 14 days prior to a scheduled program date, by providing the following information;

a. His or her printed name;

b. The date in which the application has been completed;

c. His or her date of birth;

d. His or her current mailing address;

e. His or her telephone number(s); and

f. An e-mail address if applicable;

(3) The prospective chaperone shall answer the following questions on the “Safeguard Training Application”;

a. What is your relationship to the resident;

b. How long have you known the resident;

c. What have you been told about the resident’s crime(s);

d. Do you believe that the resident is guilty of these crime(s);

e. How do you feel about the resident’s crime(s);

f. Do you understand why you have been referred to complete the NHDOC Safeguard Training prior to bringing minor children into the NHDOC Visiting Room to visit with the resident;

g. Can you tell us about any strengths that you have that will be helpful in being a chaperone for visitation between the resident and the child/vulnerable adult; and

h. Can you tell us about any weaknesses or vulnerabilities that you believe you have that could prevent you from being an appropriate chaperone;

(4) The prospective chaperone shall sign and date the completed application acknowledging the included NHDOC disclaimer and certifying all information supplied is factual; and

(5) The NHDOC disclaimer which appears within the “Safeguard Training Application” shall read as follows and shall include a signature, as stated below:

“If you are not currently an approved visitor, complete and submit all required forms to the NHDOC in accordance with NH Admin Rule Cor 305 to become approved. Upon receipt of the safeguard training application, it shall be reviewed by the victim services staff for completeness and review of responses to all questions within the application. If information within the application requires further explanation, a staff member from the bureau of victim services shall contact the applicant for clarification. All applicants shall receive a letter stating whether they have been approved or denied entrance into the chaperone safeguard training program.”

a. “Applications shall be denied if applicants are not on a residents’ approved visitors list, or responses to provided application questions depict an individual whom is unwilling or unable to be an effective chaperone, thus disqualify the applicant.”

b. “Upon approval, the applicant shall be added to a chaperone safeguard training roster and provided notification of the training date, time and location.”

c. “By signing below you are affirming that you have completed the application and all information provided is factual.”

d. Completed forms shall be mailed to the “State of New Hampshire Department of Corrections, Office of the Commissioner, attention Program Information Officer, P.O. Box 1806, Concord, NH 03302.”

e. Upon approval into the NHDOC chaperone safeguard training program, prospective chaperones shall be added to a chaperone safeguard training roster and provided notification of the training date, time, and location.

f. Following successful completion of the safeguard training, certification shall be entered into the client ECR, and chaperoned visits may commence.

Source. (See Revision Notes #1, #2, and #4 at chapter heading for Cor 300) #13154, eff 1-5-21

Cor 305.17 Minor Children Attending Visits.

(a) Children under 18 shall not be permitted to visit unless accompanied by an adult who shall be a family member, guardian, or other person designated as the responsible adult on a “Permission for Minor Children to Visit a Resident of the NHDOC Form”.

(b) The parent, guardian or responsible adult of the minor child shall complete and submit the "Permission for Minor Children to Visit a Resident of the NH DOC Form” demonstrating in writing that the minor has permission to visit a NHDOC facility.

(c) The adult responsible for the minor child shall provide on the “Permission for Minor Children to Visit a Resident of the NHDOC Form” the following:

(1) The date;

(2) The printed name of the parent, guardian, or responsible adult;

(3) The parent, guardian, or responsible adult’s relationship to the minor child;

(4) The parent, guardian, or responsible adult’s signature;

(5) The full name of each minor child authorized to visit;

(6) The date of birth for each minor child listed;

(7) The resident’s name which visits shall take place with;

(8) The resident’s identification number;

(9) The printed name of the individual(s) authorized to escort the minor(s) into NHDOC facilities;

(10) The date of birth of the individual(s) authorized to escort the minor(s); and

(11) A selection shall be made stating the approved period of time which permission shall be granted for:

a. One day only, and the date the visit shall take place on; or

b. An inclusive date, which shall not exceed one year, and the date ranges for which authorization has been granted.

(d) The parent, guardian, or responsible adult shall have the form notarized.

Source. (See Revision Notes #1, #2, and #4 at chapter heading for Cor 300) #13154, eff 1-5-21

Cor 305.18 Caring for Infants and Breastfeeding/Nursing During Visits.

(a) In accordance with RSA 132:10-d, a woman shall be allowed to breastfeed her child on state correctional facility property, provided the woman and the child are authorized to be on state correctional facility property.

(b) Breastfeeding shall be authorized in NHDOC visiting rooms.

(c) The following shall apply to mothers who are breastfeeding in a NHDOC visiting room: The female visitor, shall at a minimum, utilize a nursing scarf, nursing cover, breastfeeding shawl or similar item to drape her infant and chest while breastfeeding/nursing, so there shall be a minimal chance of a breast being exposed.

(d) In instances where guidelines are not followed and the breastfeeding becomes disruptive, or conduct, which is prohibited within Cor 305, occurs, the visit shall be terminated.

(e) Applicable penalties shall be enforced according to NH state law, and NHDOC administrative rules.

(f) Mothers caring for infants shall be authorized to carry into the visitation room the following items:

(1) Quantity 2 empty, clear baby bottles per child;

(2) Quantity one factory sealed package of formula per child;

(3) Quantity 3 loose diapers, per child;

(4) A clear package of loose baby wipes; and

(5) For mothers that are nursing, a nursing scarf, nursing cover, breastfeeding shawl or similar item for privacy.

(g) All items noted above shall be subject to search in accordance with Cor 306.03.

Source. (See Revision Notes #1, #2, and #4 at chapter heading for Cor 300) #13154, eff 1-5-21

Cor 305.19 Visitation Procedures.

(a) All visits shall be conducted within the visit room at the facility in which the resident resides.

(b) Each facility shall post a visitation schedule, which shall be accessible to the public and residents.

(d) Visitors shall not visit residents who are hospitalized in the community without authorization of the warden, division director or designee of the facility in which the resident resides.

(e) Adult visitors shall establish their identity by presenting a photographic identification document, current or expired, issued by a federal, state, or territorial government agency such as a non-driver ID, driver’s license, military identification card, passport issued by any country, or similar document.

(f) Each visitor shall personally surrender this identification document to the security officer prior to entry into the facility for visiting and shall personally recover the identification document from the officer upon departure from the facility.

(g) Children under 18 shall be required to present a valid photographic identification card, current or expired, or a valid original birth certificate to visit.

(h) Individuals on prison grounds shall be subject to search pursuant to Cor 306.01 and Cor 306.03.

(i) All visitors shall consent to a search of their persons, possessions, and vehicle, if the vehicle is on departmental property, pursuant to RSA 622:6-a, or remove themselves from departmental property.

(j) Bandages, dressings, casts, or other medical devices shall be searched in accordance with Cor 306.03 to the extent possible. Staff conducting the search shall exercise care to be sure that they do not aggravate any injury, contaminate any wound, or damage the coverings.

(k) Visitors who do not comply with lawful searches shall not be allowed to attend future visits without approval of the warden, director or designee.

(l) Visitors shall not introduce anywhere on or within departmental property, any items identified as contraband pursuant to Cor 306.01.

(m) Visitors shall not introduce items not authorized within the secure confines of a facility. Such items shall be secured in their vehicles or in the small lockers provided outside the visiting room prior to visiting.

(n) Visitors found to possess contraband, contrary to law, shall be reported to law enforcement authorities for possible prosecution in accordance with RSA 622:24 and RSA 622:25 and shall be barred from entry in accordance with Cor 305.25.

Source. (See Revision Notes #1, #2, and #4 at chapter heading for Cor 300) #13154, eff 1-5-21

Cor 305.20 Visit Room Rules.

(a) Each visitor shall obey the orders and instructions furnished by the facility staff. Failure to do so shall result in termination of the visit and possible debarment pursuant to Cor 305.25.

(b) Each visitor shall conform to all rules pertaining to visitation within NHDOC facilities as follows:

(1) No visitor shall give, convey, or leave any item or thing to any resident without advanced approval of the warden, director or his or her designee at the facility, which is being visited;

(2) Displays of affection such as hugging and embracing shall be limited to a duration of 3 seconds or less at the beginning and end of visits;

(3) No bodily contact, except for handholding, in sight of the correctional staff observing the visit, shall be permitted during visiting for visitors above the age of 16;

(4) Minor children 5 years of age or younger may be held by the resident in his or her lap or arms;

(5) Abusive, obscene, or vulgar language shall not be used on the facility grounds;

(6) Small children shall be restrained from disruptive behavior by the visitor responsible for them;

(7) Disruptive behavior on the part of adults or children shall result in the termination of the visit; and

(8) Refusal to follow instructions of the person(s) in charge of visiting shall result in the termination of the visit.

(d) The following clothing shall not be authorized for wear in a NHDOC visiting room:

(1) Jackets, coats, or outer sweaters;

(2) Garments that expose breasts, midriff, upper thighs, buttocks, or genitalia;

(3) See-through clothing of any kind;

(4) Low-cut sweaters, blouses, and shirts that expose any level of cleavage or breast, tank tops, halter tops, or tube tops;

(5) Skirts or dresses, with slits longer than 4-inches or shorts with slits;

(6) Skirts, dresses or shorts that are 2 inches or more above the knee when standing;

(7) Blouses or shirts that are too short to tuck-in or that expose the midriff;

(8) Tight-fitting athletic-type clothing;

(9) Long or short legged spandex outerwear, stirrup, sweat, yoga, or swish pants;

(10) Hats, headbands, or hooded clothing;

(11) Zippered shirts to include all shirts, sweaters, or long-sleeve t-shirts that have any type of zipper;

(12) Outdoor jackets to include, but not be limited to, pullover style jackets, sport coats, and suit coats;

(13) Shawls, scarves, wraps or loose open over shirts;

(14) Clothing with holes, rips, or tears;

(15) Clothing with pockets removed or altered to allow access beneath the garment;

(16) Sleeveless garments;

(17) Farmer style overalls;

(18) Any clothing that could be mistaken for inmate clothing;

(19) Military clothing to include actual uniforms and look-alikes;

(20) Clothing which closely resembles correctional officer uniforms or other law-enforcement officials;

(21) Nursing uniforms to include scrubs;

(22) Metal hair ornaments; or

(23) Clothing which displays security threat group affiliation or culture, clothing that is obscene, racist, or displays sexual content, alcohol, or drugs.

(e) The only jewelry or adornment visitors shall be permitted to wear into the visiting areas is a wedding ring set; one religious necklace pendant, medical alert badges, and dermal jewelry implants that cannot be removed by the visitor.

(f) Religious articles of clothing, which shall include but not be limited to, face veils, head dresses, hats, or other garments shall be authorized but subject to search pursuant to Cor 305.21.

(g) Children under 10 years of age shall be allowed to visit wearing shorts, skirts, or dresses shorter than mid-thigh, rompers, and sleeveless shirts;

(h) Official business visitors shall be allowed access to NHDOC facilities wearing a:

(1) Suit, sport-coat, or blazer;

(2) Jacket that is part of the individual’s outfit, but does not include a jacket, or coat specifically for outdoor wear;

(3) Sweater which may also be worn under a jacket, suit, sport-coat, or blazer;

(4) Skirt or dress with slits intended solely for freedom of movement, or dress-pant;

(5) Sleeveless blouses worn under a jacket, suit, sport-coat, or blazer.

Source. (See Revision Notes #1, #2, and #4 at chapter heading for Cor 300) #13154, eff 1-5-21

Cor 305.21 Religious Attire.

(a) Individuals on prison grounds wearing religious headwear shall allow an officer to perform a security screening of the individual and their headwear and/or facial covering as follows:

(1) For routine security screening and identification purposes, a visitor shall be required to temporarily remove their religious headwear, including a facial covering, before being admitted into the visiting room;

(2) The staff member assigned to complete this task shall be of the same gender as the visitor;

(3) A resident shall notify staff that a visitor wearing religious headwear or a facial covering shall be arriving to visit with them at least 48 hours prior to the visiting time to allow staff to arrange for a staff member of the same gender to be present for the security screening;

(4) The removal of the religious headwear or facial covering shall be completed in a private area to prevent the visitor from being seen by other visitors and staff when he or she is removing his or her religious headwear or facial covering;

(5) While the visitor is holding his or her headwear or facial covering, the staff member shall visually inspect the headwear and/or facial covering without touching the items;

(6) If no contraband or suspected contraband is detected by the staff member, the visitor shall be permitted to place their religious headwear or facial covering back on their person and return to the visitor processing area;

(7) The visitor shall complete the security screening process before entering the visiting room, which shall include one or more security screenings and inspections that might incorporate the use of electronic devices, visual searches, pat searches, or search by canine;

(8) The visitor shall be allowed to wear his or her religious headwear to include facial coverings in the visiting room after successfully completing the visitor screening and identification process;

(9) If the staff believe it is necessary for security reasons to verify the identity of the visitor wearing religious headwear or a facial covering before the visitor departs from the institution, staff shall follow the same procedure outlined in Cor 305.18;

(10) In the event that the assigned staff member observes contraband or suspected contraband during their visual inspection of the visitor’s religious headwear or facial covering, the staff member shall take possession of the contraband or suspected contraband item(s) and immediately notify the shift commander;

(11) The visitor shall remain in the private area, under direct supervision, in the location of the visual inspection, while NHDOC records and processes the contraband. The action taken by the NHDOC staff shall include inter alia, seeking assistance from state or local law enforcement, contacting NHDOC investigations unit or the visitor is allowed to leave NHDOC property and face debarment as described within Cor 305.25. Action taken by NHDOC staff shall be executed in accordance with Cor 304, Cor 306.01, Cor 306.03 as well as NHDOC PPD 357 and PPD 358.

(12) The shift commander shall notify the warden, director, or designee whenever contraband or suspected contraband is detected in the possession of a visitor attempting to enter the prison facility.

Source. (See Revision Notes #1, #2, and #4 at chapter heading for Cor 300) #13154, eff 1-5-21

Cor 305.22 Visitors With Service Animals.

(a) A visitor who is otherwise allowed to visit, and who has a disability, and is using a service animal to perform work or tasks related to the visitor’s disability shall be allowed to bring the service animal while on the visit. Access shall be granted provided performance of the work or tasks might be needed traveling to and from the visit or during the visit.

(b) “Service animal” means an animal that has been individually trained to do work or perform tasks for an individual with a disability. The work or task(s) performed by the animal shall be directly related to the person's disability. Examples of such work or tasks shall include, but are not limited to, assisting a person who is totally or partially blind with navigation. Other examples shall include, but not be limited to, alerting a person who is deaf or hard of hearing to the presence of people or sounds, pulling a wheelchair, assisting a person during a seizure, and providing physical support and assistance with balance and stability to a person with a mobility disability.

(c) An animal whose primary purpose is to deter crime or to provide emotional support, comfort, well-being or companionship shall not qualify as a service animal for purposes of this rule.

(d) In determining whether an animal is a service animal, facility staff may ask the visitor if the animal is required because of the visitor’s disability and what work or task the animal is trained to perform, unless this information is readily apparent, such as a guide animal leading a person whose sight is impaired. Staff shall not demand proof or documentation of the visitor’s disability or certification that the service animal is trained, although the visitor may provide these voluntarily.

(e) On the first occasion, when a visitor brings a service animal to a visit, prior to allowing the service animal to be admitted to the visit, staff shall require the visitor to sign the “Acknowledgement for Visitors with Service Animals Form”, pursuant to Cor 305.23.

(f) Completion of this form shall acknowledge that the visitor is liable for all injuries or property damage caused by the service animal while on facility property.

(g) The signed form shall be maintained in the electronic data storage area (EDSA) system and an entry shall be made in the resident’s electronic client record (ECR) noting that the visitor is authorized to bring a service animal to visits.

(h) If the visitor refuses to sign the form, unless there is another reason to not allow the visit, the visitor shall be given the opportunity to visit without the animal, provided that the animal is removed from facility property.

(i) A service animal shall be excluded from entering or removed from the facility if the animal:

(1) Is out of control and the visitor does not take effective action to control it;

(2) Is aggressive toward or interferes with staff, other visitors, residents, other persons, or other animals;

(3) Is not housebroken; or

(4) Its behavior otherwise presents a risk of injury or property damage.

(j) A service animal shall also be excluded from entering the facility based on a past incident of behavior at the facility or another facility that presented a risk of injury or property damage.

(k) A determination to remove or exclude a service animal shall be made on an individualized basis and not on assumptions about the animal’s behavior or propensities based on its breed or size.

(l) If an animal is excluded before a visit begins, either because it is not a service animal or because of its behavior, unless there is another reason to not allow the visit, the visitor shall be given the opportunity to visit without the animal, provided that the animal is removed from facility property.

(m) If a service animal is removed during a visit, the visitor shall be required to leave with the service animal and shall not be authorized to return to complete the visit.

(n) Neither a service animal nor any animal claimed to be a service animal shall be permitted to be left unattended in a vehicle on facility property under any circumstances.

(o) If an animal is excluded or removed from a facility, it shall not be allowed in the facility again unless the visitor requests in writing to the warden, director or designee, for the animal to be allowed. An entry shall be made in the ECR noting that the animal is not allowed unless the warden, director or designee, grants a request to allow the animal.

(p) If the visitor claims that it was wrongly determined that an animal is not a service animal, the warden, director, or designee shall consult with the department’s representative in the attorney general’s office prior to making a decision on the request.

(q) A service animal authorized entry into a facility during a visit, shall be on a leash, harness, or tether at all times while on facility property, unless this would interfere with the tasks it performs, in which case it shall be under voice control of the visitor.

(r) Facility staff shall not provide care for a visitor’s service animal. The visitor shall not bring in food, water, or medication for the service animal. The service animal shall not transport carrying bags or other containers or other property unless necessary to the work or task it performs for the visitor.

(s) A service animal on its leash, harness, tether, vest, or other items shall be required to pass all security searches applicable to visitors. A visitor with a service animal may be separated briefly from the service animal to allow for a search by a local, state police, or NHDOC canine unit.

Source. (See Revision Notes #1, #2, and #4 at chapter heading for Cor 300) #13154, eff 1-5-21

Cor 305.23 “Acknowledgement for Visitors with Service Animals Form”.

(a) Individuals attending visits with a service animal shall be required to complete and submit an “Acknowledgement for Visitors with Service Animals Form”.

(b) Forms shall be completed and submitted prior to a service animal being granted access to a NHDOC facility.

(c) A prospective visitor who is accompanied by a service animal shall provide on the “Acknowledgement for Visitors with Service Animals Form” the following:

(1) His or her printed name;

(2) The type of work the service animal is trained to perform for the visitor; and

(3) The signature of the individual who is being accompanied by a service animal indicating that the individual has read and agrees to all the terms within the “Acknowledgement for Visitors with Service Animals Form” which are listed below:

a. “I acknowledge that my service animal is required to be on a leash, tether or harness at all times while on facility property, unless this would interfere with the tasks the animal performs, in which case the animal must be under my voice control.”

b. “I acknowledge that my service animal may be excluded from entering or may be removed from the facility if it:

1. Is out of control and I do not take effective action to control it;

2. Presents as aggressive or interferes with staff, other visitors, prisoners, other persons, or other animals;

3. Is not housebroken; or

4. Its behavior otherwise presents a risk of injury or property damage.”

c. “I also acknowledge that my service animal may be excluded from entering the facility based on a past incident of behavior at this facility or another facility that presented a risk of injury or property damage.”

d. “I acknowledge that if my service animal is excluded before a visit begins, I may visit without the animal provided that the animal is removed from facility property. I also acknowledge that if my service animal is removed during a visit, I shall be required to leave with the service animal and I will not be authorized to return to complete the visit.”

e. “I acknowledge that if my service animal is excluded or removed from the facility, it will not be allowed in the facility again unless I apply in writing to the facility’s warden, director or designee, for the service animal to be allowed. The warden, director or designee, in his or her complete discretion; will decide whether the service animal may be admitted to the facility in the future.”

f. “I acknowledge that I will be liable for all injuries or property damage caused by my service animal while on facility property.”

g. “I acknowledge that I must comply with the requirements of NH Admin Rule Cor 305, Access Of Visitors To Facilities Of The Department Of Corrections and the instructions of staff.

Source. (See Revision Notes #1, #2, and #4 at chapter heading for Cor 300) #13154, eff 1-5-21

Cor 305.24 Facilities Within the Division of Community Corrections.

(a) In addition to the following, all rules established within Cor 305 shall apply at all facilities within the division of community corrections.

(b) Transitional Work Center (TWC) and Transitional Housing Unit (THU) residents shall be authorized to have visits with approved visitors as outlined within the community corrections resident handbook.

(d) TWC and THU residents, who, while residing in the prison, have had their visiting privileges suspended, shall have their visiting privileges reinstated while residing at the TWC or a THU.

(e) This exception shall only be in effect only while the resident is residing at the TWC or a THU.

(f) Any previously suspended restrictions shall be reinstated if a resident is returned to a secure facility.

(g) Additional guidelines and site-specific details that shall apply to facilities within the division of community corrections shall be detailed within the resident handbook for the community corrections facility in which a resident is assigned.

(h) Questions, comments, or concerns related to visiting procedures at NHDOC community corrections facilities shall be addressed to the director of community corrections or his or her designee.

Source. (See Revision Notes #1, #2, and #4 at chapter heading for Cor 300) #13154, eff 1-5-21

Cor 305.25 Debarment from Departmental Facilities. Visitors or others who fail to follow the rules pertaining to NHDOC facilities or areas shall be barred from re-entry thereon by the commissioner, or person in charge of the facility or their agent, by notifying them in person or in writing of the debarment, the reasons therefore, and the duration of the debarment. Persons found to be in violation of the debarment order shall be reported to law enforcement authorities for possible prosecution under the provisions of RSA 635:2, or other appropriate statutes. All debarred persons shall have the right of appeal to the applicable warden, director or designee.

Source. (See Revision Notes #1, #2, and #4 at chapter heading for Cor 300) #13154, eff 1-5-21

Cor 305.26 Permission to Re-Enter. Persons desiring to re-enter NHDOC facilities, once being removed or debarred, shall not re-enter said facilities without requesting of the commissioner of corrections or the commissioner’s designee to have the person’s visiting privileges restored. The commissioner or designee shall render a written decision based on an assessment of future risks, rehabilitative needs of the resident, and security of the institution.

Source. (See Revision Notes #1, #2, and #4 at chapter heading for Cor 300) #13154, eff 1-5-21

PART Cor 306 CONTROL OF CONTRABAND ON DEPARTMENTAL PROPERTY

Cor 306.01 Contraband.

(a) Items identified as contraband shall fall into 2 general categories:

(1) Items not allowed anywhere on departmental property; and

(2) Items not allowed inside departmental facilities that must be secured either in a visitor’s vehicle or within a locker available in a visitor reception area.

(b) Contraband items not allowed anywhere on departmental property shall consist of the following:

(1) Any substance or item whose possession is unlawful for the person or the general public possessing it;

(2) Any explosive device, bomb, grenade, dynamite or dynamite cap, or detonating device including primers, primer cord, explosive powder, or similar items, or simulations of these items; and

(3) Lock-picking kits or tools or instructions on picking locks, making keys, or making surreptitious entry or exit.

(c) Neither visitors from the general public nor department employees shall be permitted to have in their possession items not allowed anywhere on departmental property.

(d) Contraband not allowed inside departmental facilities shall include the following:

(1) Any firearm, simulated firearm, or device designed to propel or guide a projectile against a person, animal, or target;

(2) Any bullets, cartridges, projectiles, or similar items designed to be projected against a person, animal, or target;

(3) Any drug item, whether medically prescribed or not, in excess of a one-day supply or in such quantities that a person would suffer intoxication or illness if the entire available quantity were consumed alone or in combination with other available substances;

(4) Any intoxicating beverages;

(5) Knives and knife-like weapons;

(6) Clubs and club-like weapons;

(7) Maps of the prison vicinity or sketches or drawings or pictorial representations of the facilities, its grounds, or its vicinity;

(8) Sums of money or negotiable instruments in excess of $100;

(9) Pornography or pictures of visitors or prospective visitors undressed;

(10) Radios capable of monitoring or transmitting on the police band in the possession of other than law enforcement officials;

(11) Identification documents, licenses, and credentials not in the possession of the person to whom properly issued;

(12) Ropes, saws, grappling hooks, fishing line, masks, artificial beards or mustaches, cutting wheels, or string, rope, or line impregnated with cutting material, or similar items to facilitate escapes;

(13) Balloons, condoms, false-bottomed containers, or other containers which could be used to facilitate transfer of contraband;

(14) Tobacco products, except those secured in a visitor’s locked vehicle; and

(15) Cellphones not issued by or approved in writing by the department.

(e) Contractors and vendors that can demonstrate a need shall obtain approval to bring cellphones into a facility by petitioning the warden and receiving such permission in writing.

(f) Departmental-issued cellphones shall be those cell phones issued through the department’s division of administration.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Cor 300) #12502, eff 3-23-18; ss by #12763, eff 5-1-19

Cor 306.02 Contraband on Departmental Property Prohibited. The possession, transport, introduction, use, sale or storage of contraband on departmental property shall be prohibited under the provisions of RSA 622:24 and RSA 622:25.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Cor 300) #12502, eff 3-23-18

Cor 306.03 Searches and Inspections Authorized.

(a) Any person or possessions on departmental property shall be subject to search to discover contraband. Searches shall be necessary to prevent the introduction of contraband into the facilities by persons under departmental control and to prevent escapes, violence, and situations where violence is likely. Travel onto departmental property shall constitute implied consent to search for contraband pursuant to RSA 622:24-25, and RSA 622:39. In such cases where implied consent exists, the visitor shall be given a choice of either consenting to the search or immediately leaving departmental property. Nothing in Cor 306.03, however, shall prevent non-consensual searches in situations where probable cause exists to believe that the visitor is or has attempted to introduce contraband into a departmental facility pursuant to the laws of New Hampshire concerning search, seizure, and arrest or otherwise authorized by law.

(b) All motor vehicles parked on departmental property shall be locked and have the keys removed. Correctional uniformed staff shall check to ensure that vehicles are locked and shall visually inspect the plain view interiors of the vehicles. Vehicles discovered to be unlocked shall be searched to ensure that no contraband is present. Contraband discovered during searches shall be confiscated as evidence and turned over to law enforcement authorities for use in possible prosecution.

(c) All persons entering departmental facilities to visit with persons under departmental control or patients of the SPU, or staff, or to perform services at the facilities or to tour the facilities shall be subject to having their persons checked for contraband. In order to minimize the scope of such searches, items not needed for the visit such as purses, coats, and other baggage shall be left either in the vehicles or in the small lockers provided. All items and clothing carried into the institution waiting area shall be searched for contraband. Items left at the storage area shall be subject to inspection and search. Contraband seized shall be retained as evidence and turned over to law enforcement authorities for use in possible prosecution.

(d) Individual employees shall not be searched by a person of lower rank or of the opposite sex without explicit approval of the commissioner. Approval shall be obtained by contacting the commissioner by cellphone. If the commissioner cannot be reached, the shift commander shall have the ability to grant the approval.

(e) When reliable information exists from informants or law enforcement agencies that a visitor is expected to deliver contraband to a person under departmental control, or patient of the SPU, the visitor shall be offered the opportunity to choose to be searched, including a body scan, strip search and a viewing of body cavities, or not to enter the facility. Since such searches are unpleasant and time consuming for all involved, they shall be required only on the authority of the chief of security, chief administrator of the facility, or

higher authority on a special need basis where such apparently reliable information clearly mandates the need for contraband exclusion. Such searches shall be accomplished by 2 or more staff members of the same sex as the person to be searched and shall be done out of the public view.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Cor 300) #12502, eff 3-23-18; ss by #12764, eff 5-1-19

Cor 306.04 Inspection of Material Subject to Attorney-Client Privilege.

(a) Material the confidentiality of which is protected by attorney-client privilege shall be, nevertheless, subject to some inspection, as outlined below, to ensure the absence of contraband. The interest of persons under departmental control and patients of the SPU and attorneys in maintaining the confidentiality necessary to effectuate legal representation shall be accommodated to the maximum extent possible consistent with the facility's need to ensure internal security.

(b) Prior to entering a departmental facility, all visiting attorneys and other persons designated in writing by the attorney as his or her agent, such as paralegals, law clerks, or private investigators, shall be required to certify in writing that no written or other contraband is contained in any material brought into the facility by the attorney or the attorney’s agent.

(c) Prior to entering a departmental facility, all visiting attorneys and other persons designated in writing by the attorney as his or her agent, such as paralegals, law clerks, or private investigators, shall submit their persons and all books, briefcases, folders, files, or other containers of whatever description being carried by them to a search by the appropriate officer.

(d) Prior to any search, the attorney or his or her agent shall designate which materials in his or her possession, if any, are subject to an attorney/client privilege of confidentiality.

(e) The inspecting officer shall search all material except that designated as coming within the scope of attorney/client privilege. Material designated as privileged shall only be inspected in a manner detailed in (f) below and in the immediate presence of the visiting attorney or the attorney’s agent.

(f) The inspecting officer shall not scrutinize any material designated as privileged for textual contraband. Rather, the attorney shall place the privileged material or file face down or text side down on a flat surface designated by the officer. The officer shall then by touching or mechanical means inspect the privileged material to ensure the absence of concealed physical contraband other than textual contraband. Such inspection shall include a page-by-page separation of and pat down of the privileged written material provided the inspected material is examined text side down and in the presence of the visiting attorney. The attorney shall ensure that no attempt to read any confidential material occurs, and shall report any suspected violation to the warden or his or her agent immediately. The warden or his or her agent shall initiate immediate and appropriate administrative action against any officer violating any provision of this rule.

(g) The procedures set out herein pertaining to the inspection of privileged material sought to be introduced into a facility shall also be applicable to privileged material upon departure from the facility.

(h) Inspected legal material may be given to the person under departmental control or patient of the SPU client during the visit.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Cor 300) #12502, eff 3-23-18

PART Cor 307 WORK RELEASE Reserved and Moved to Cor 411

PART Cor 308 HOME CONFINEMENT

Cor 308.01 Confinement to a Person's Place of Residence.

(a) Under the provisions of RSA 651:2, V (b) a court may order that, as a condition of probation, a person be confined to his or her place of residence for not more than one year in the case of a misdemeanor or more than 5 years in the case of a felony.

(b) Home confinement shall be monitored by a probation or parole officer, supplemented by electronic monitoring to verify compliance when established by the court or the parole board as a condition of supervised release.

(c) Home confinement shall be recommended to the commissioner as a punitive sanction for persons under departmental control meeting the following criteria:

(1) The person under departmental control shall establish and maintain a residence and employment plan that meets the control needs identified for the person under departmental control by the evaluating probation or parole officer;

(2) The person under departmental control shall have been placed on probation or parole and identified as being in need of a highly structured community release program in which activities beyond employment, self-improvement pursuits, and fulfilling basic needs require strict and close monitoring beyond that provided under curfew restrictions;

(3) The person under departmental control shall agree to maintain telephone service in his or her residence;

(4) Less restrictive alternatives have not proven successful, or are not adequate for the specific person under departmental control; and

(5) The person under departmental control is a probationer or parolee who is considered, by the evaluating probation or parole officer, to be a substantial risk for repeated infractions of probation conditions, if not rigidly monitored.

(d) The department shall recommend to the adult parole board that home confinement be considered as a condition of parole for persons under departmental control in need of a highly structured community release program in which activities beyond employment, self-improvement pursuits, and fulfilling basic needs require strict and close monitoring beyond that provided under curfew restrictions.

(e) Any person under departmental control in home confinement who violates the conditions established shall be subject to immediate arrest by a probation or parole officer or any authorized law enforcement officer and brought before the court or adult parole board for an expeditious hearing pending further disposition pursuant to RSA 651:2, V(f).

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Cor 300) #12502, eff 3-23-18

PART Cor 309 INTENSIVE SUPERVISION PROGRAM

Cor 309.01 Intensive Supervision Program.

(a) Intensive supervision shall be an alternative to incarceration and shall be the highest level of supervision provided in probation and parole.

(b) A person under departmental control shall be considered eligible for intensive supervision when the following criteria shall have been met:

(1) The person under departmental control shall be a prison-bound offender, a convicted felon on probation who otherwise would be sentenced to a term in the state prison, including felons for whom a house of correction sentence has or might be selected, when probation failure could be punished by a state prison sentence;

(2) The person under departmental control shall not, at any time, have been found guilty of committing, attempting to commit, soliciting to commit, or conspiring to commit any drug related offense or offense of violence, assault, or both including, but not limited to, the following:

a. RSA 629:1, 629:2, or 629:3;

b. RSA 630:1;

c. RSA 630:1-a;

d. RSA 630:1-b;

e. RSA 630:2;

f. RSA 631:1;

g. RSA 632-A:2;

h. RSA 633:1;

i. RSA 636:1;

j. RSA 642:6;

k. RSA 642:9;

l. RSA 649-A; and

m. RSA 650-A:1; and

(3) The person under departmental control shall submit to the division of field services a residence plan that is a stable living arrangement in a law-abiding environment.

(c) Should the person under departmental control be ineligible for the intensive supervision program pursuant to (a) above the person under departmental control may seek a waiver of the criteria by the commissioner through the classification process.

(d) The commissioner or designee shall waive any or all criteria established in (a) above if he or she determines, after considering the following factors, that the waiver will allow for a proper placement in an intensive supervision program:

(1) The person under departmental control has any prior criminal convictions;

(2) The person under departmental control’s criminal act or acts were committed under duress, domination by another, mental or emotional stress, or similar circumstances;

(3) The person under departmental control is able to document that he or she has been able to maintain stability with regard to work history, residence, education, or family; or

(4) The person under departmental control is able to document other factors that would tend to substantiate the offender’s ability to maintain a law abiding life style.

(e) Any person under departmental control placed in the intensive supervision program who violates the conditions or restrictions of his or her probation shall be subject to immediate arrest by a probation or parole officer or any authorized law enforcement officer and brought before the court for an expeditious hearing pending further disposition pursuant to RSA 651:2, V(f).

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Cor 300) #12502, eff 3-23-18

PART Cor 310 PAYMENTS AND COLLECTIONS

Cor 310.01 Payments and Collections.

(a) All payments and collections of fees, fines, and restitutions shall be pursuant to orders of the court or the adult parole board. Service and supervision fees shall be collected pursuant to RSA 504-A:13.

(b) The person under departmental control shall execute a payment contract that shall set forth the obligations of payment and shall include a payment plan as agreed to by the division of field services or the court.

(c) Individual ledgers shall be maintained by the department that shall accurately reflect the balance due and any and all payments made by or on behalf of the person under departmental control.

(d) Failure to make payments in accordance with the payment contract shall result in the filing of a notice, violation, or both with the court or adult parole board if appropriate.

(e) Upon receipt of any payment made, in full or in part, the payer shall be given a receipt and such payment shall be appropriately recorded.

(f) All changes in court orders or parole board orders or payment plans regarding payment and collections shall be appropriately documented by the execution of an updated payment contract.

(g) The department shall maintain all records and corresponding documentation in a manner and method consistent with generally accepted accounting principles.

(h) In the event the person under departmental control makes a payment with a check which is returned to the division of field services by the bank due to insufficient funds, a notice shall be promptly forwarded to the person under departmental control notifying him or her of the insufficient funds status of the account and instructing him or her that all future payments shall be made in the form of cash, certified bank draft, or money order. The person under departmental control shall be held responsible for any bank or other charges levied for the insufficient check pursuant to RSA 6:11-a.

(i) Arrearage notices shall be forwarded to the person under departmental control when he or she becomes 30 days behind in the payment obligation as contained within the person under departmental control’s payment contract.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Cor 300) #12502, eff 3-23-18

PART Cor 312 REQUEST SLIPS

Cor 312.01 Request Slip.

(a) The “Request Slip” form shall be utilized by residents to communicate written requests to NHDOC staff, contractors or volunteers, except when “Request Slips” are not available. In that case, any other medium shall be acceptable when Request Slips are not available.

(b) The “Request Slip” form may be electronic or a 3-page carbonless copy form with white, canary, and pink colored pages.

(c) A resident who wishes to communicate with a staff member shall supply on the “Request Slip” form the following information:

(1) The date;

(2) His or her last name, first name, and middle initial;

(3) His or her booking number;

(4) His or her housing unit and cell number;

(5) His or her work shift; and

(6) A brief description of the issue to which he or she wants a staff member to respond to.

(d) The resident shall forward the request to his or her housing unit supervisor or designee, for prompt attention.

(e) The housing unit supervisor or designee, upon receipt of the resident’s “Request Slip”, shall either:

(1) Respond to the request by supplying on the “Request Slip” form the following information;

a. The date;

b. The responding staff member’s name; and

c. The response; or

(2) Date and forward the request to the appropriate staff member for a response.

(f) If the “Request Slip” is forwarded to another staff member for a response, that staff member shall supply on the “Request Slip” the information outlined in (e)(1), above.

(g) The response to the resident pursuant to either (e)(1) or (f) above shall be forwarded to the resident.

(h) A member of the housing unit staff of the resident or through a centralized mail distribution system location shall provide the response to the resident.

(i) The resident upon receipt of the response shall:

(1) Sign the “Request Slip” form to acknowledge receipt;

(2) Retain the canary copy for his or her records; and

(3) Return the white and pink copies to the housing unit staff.

(j) The housing unit staff member shall upon receipt of the copies:

(1) Forward the pink copy to the staff member who responded to the resident’s “Request Slip”; and

(2) Forward the white copy to the client records office for inclusion in the file of the resident.

(k) For requests submitted electronically, the system managing the requests will provide the same level of tracking and information as the 3-page carbonless copy process provides.

(l) Requests shall be responded to within 10 working days of receipt by the proper respondent.

(m) If requests cannot be answered in 10 working days, the resident shall be so informed and provided a reason why additional time is needed.

(n) No more than 10 additional working days shall be permitted as an extension to respond to the request.

(o) Residents may send confidential in-house “Request Slips” in sealed envelopes to the:

(1) Commissioner;

(2) Warden;

(3) Director;

(4) Medical staff;

(5) Behavioral health staff; and

(6) Investigations bureau

Source. (See Revision Notes #1, #2, and #4 at chapter heading for Cor 300) #13154, eff 1-5-21

PART Cor 313 FORMAL COMPLAINTS AND GRIEVANCES BY PROBATIONERS, PAROLEES, RESIDENTS

Cor 313.01 Purpose. The purpose of this rule is to establish an administrative procedure, through which a resident shall have a method to request a formal review of any issue related to any aspect of his or her confinement.

Source. #12792, eff 5-25-19

Cor 313.02 Definitions.

(a) “Electronic request” means an electronic communications method used by residents to communicate with employees of the department of corrections.

(b) “Formal complaint” means a documented complaint utilizing the electronic request or request slip form of communication.

(c) “Grievance” means a written complaint by a resident on the resident’s own behalf regarding a policy applicable to the resident, a condition of the resident’s confinement, an action involving a resident of the institution, or an incident occurring within the institution. The term “grievance” does not include a complaint relating to a parole decision.

(d) “Institution” means the prison or other correctional facility operated by the “New Hampshire department of corrections (NHDOC).

(e) “Level I grievance” means the first level of a 2-level grievance procedure.

(f) “Level II grievance” means the second level of a 2-level grievance procedure.

(g) “Request Slip” means a form used by residents to communicate in written form with employees of the department of corrections pursuant to Cor 312.

(h) “Resident” means a person who has been committed to the custody of the commissioner pursuant to a court order, or is transferred to the custody of the commissioner from a facility outside the state prison system where the person was confined pursuant to a court order. For purposes of this section the term includes; inmates, patients, probationers, and parolees.

Source. #12792, eff 5-25-19

Cor 313.03 Grievance Procedures.

(a) A resident shall attempt informal resolution before filing a grievance under this section.

(b) A grievance shall be written by a resident on their own behalf and contain complaints such as, but not limited to:

(1) Discipline imposed under the disciplinary system;

(2) Allegations of mistreatment or abuse;

(3) His or her classification assignment; and

(4) Violations of any statute or rule.

(d) Residents shall not be treated adversely for complaining, filing a grievance, or filing a lawsuit.

(e) Every resident shall be entitled to utilize the grievance procedure regardless of any disciplinary, classification, or administrative decision to which the resident may be subject.

(f) Residents who submit 3 or more complaints or grievances that are found to be baseless, or not made in good faith, shall be subject to administrative disciplinary measures.

(g) All residents shall be informed of the grievance procedure during the orientation period, and shall receive instruction on locating these procedures within the resident handbooks.

(h) Residents shall not submit a request or grievance on behalf of another resident without requesting approval to do so from the director or warden, by completing and submitting a “Request Slip” form pursuant to Cor 312, and obtaining such approval. Approval shall be granted if the director, warden, or designee determines there exist circumstances which would warrant such assistance, including, but not limited to, a resident who has a medical or mental health condition, disability, or language barrier that would inhibit the ability to submit the request independently.

(i) Residents shall utilize the electronic versions of the “Request Slip” form and “Grievance Form” unless staff can articulate and document that giving access to the required device might result in injury to the resident or may result in damage to the device.

(j) Individuals originally sentenced to the NHDOC that are housed in a county or federal facility or pursuant to an interstate compact shall utilize the grievance system of the jurisdiction where housed.

(k) Records of a resident utilizing the grievance procedure shall be considered confidential and shall not be disclosed to other residents.

(l) The grievance process shall be a 3-tiered system consisting of:

(1) A formal complaint;

(2) A level I grievance; and

(3) A level II grievance.

(m) Residents may send confidential in-house formal complaints and grievances in sealed envelopes to the:

(1) Commissioner;

(2) Warden;

(3) Director;

(4) Medical staff;

(5) Behavioral health staff; and

(6) Investigations bureau.

Source. #12792, eff 5-25-19; ss by #13154, eff 1-5-21 (See Revision Note #4 at chapter heading for Cor 300)

Cor 313.04 Formal Complaint.

(a) Residents initiating formal complaints shall utilize the electronic request process or a “Request Slip” form pursuant to Cor 312.

(b) Formal complaints shall be limited to one subject per complaint.

(d) Residents shall attempt resolution at the lowest level possible using first an informal process and should that fail, the formal complaint process prior to filing a grievance; these attempts shall be addressed to the highest-level authority within a housing unit, or work area first.

(e) The highest housing, or work area authority shall include but not be limited to:

(1) The housing unit supervisor;

(2) The dental supervisor;

(3) The canteen supervisor;

(4) The medical supervisor; or

(5) The chief probation and parole officer.

(f) Formal complaints shall be received within 30 calendar days of the date on which the event being reported occurred.

(g) A formal complaint shall contain sufficient detail to allow for investigation, including, but not limited to:

(1) The resident’s name;

(2) The date of the occurrence;

(3) The name(s) of departmental staff involved;

(4) The name of witnesses;

(5) The nature of the complaint;

(6) The violation of policy, rule, or law; and

(7) The relief or action which is sought.

(h) When a staff member receives a formal complaint, the staff member shall ascertain the nature of the complaint, and determine if it is within the staff member’s authority to answer the formal complaint or rectify the situation.

(i) If the formal complaint exceeds the recipient’s authority, the formal complaint shall be forwarded to a person with the authority to respond appropriately.

(j) The formal complaint process shall be skipped when the resident demonstrates that using the formal complaint process is likely to subject the resident to a substantial risk of personal injury, or cause other serious and irreparable harm to the resident. An unsupported allegation of fear of retaliation shall not be sufficient to alter the formal grievance process.

(k) Inquiry into formal complaints shall be factual.

(l) Formal complaints shall be responded to within 15 working days of receipt by:

(1) Granting the relief requested if the complaint is validated during the investigation process;

(2) Denying the relief requested if the complaint is deemed to be unfounded during the investigation process; or

(3) Referring the resident to the appropriate staff or area to address the formal complaint, when, and if, it has been determined to be outside of the authority of the investigating staff member to reach a resolution.

(m) If investigation into the subject matter of the formal complaint requires additional time for investigation, an additional 15 days shall be available. The resident shall be notified of any extension before the initial 15 days expires.

(n) Residents shall be notified of the findings and what the resolution is in writing following the completion of the investigation. After the resident has received the outcome, he or she may choose to elevate the complaint to a Level I grievance, and all actions executed within Cor 313.04 shall satisfy the requirement to demonstrate the formal complaint process has been fully exhausted.

Source. #12792, eff 5-25-19

Cor 313.05 Level I Grievance.

(a) All grievances shall be transmitted without alteration, interference, or delay.

(b) Except as noted in Cor 313.04 (j), a Level I grievance shall not be accepted unless it demonstrates that the formal complaint process has been utilized and exhausted.

(d) Level I grievances shall be directed to the appropriate warden, director, or administrator as follows:

(1) Items controlled by security staff, to the warden or director;

(2) Maintenance, laundry, and food issues, to the director of administration;

(3) Resident account issues, to the director of administration;

(4) Medical, dental, and pharmacy issues, to the director of medical and forensics;

(5) Behavioral health issues, to the director of medical and forensics;

(6) Disciplinary hearings, claims, or investigations issues, to the professional standards director;

(7) Classification and client record issues, to the administrator of classification and client records;

(8) Community corrections and program issues, to the director of community corrections and programs; and

(9) Probation and parole issues, to the director of field services.

(e) Level I grievances shall be limited to one subject per grievance.

(f) Residents who demonstrate a valid reason for a delay shall have an extension in the filing time granted. Requests for extension shall be made using the “Request Slip” form pursuant to Cor 312. Those on probation or parole shall be required to submit a request in writing to the appropriate authority.

(g) Valid reasons for a delay shall include, but not be limited to:

(1) Probationer, parolee, or facility resident illness or hospitalization;

(2) Death in the family; or

(3) No access to writing materials.

(h) Grievances shall be date stamped on the date of receipt whether electronically or manually. The date stamp shall be the controlling factor when determining timelines.

(i) A grievance tracking form shall be utilized by the warden, director, or administrator to record the receipt of and responses to resident grievances.

(j) The keeper of the grievance tracking form shall include on the form:

(1) Probationer, parolee, or facility residents name;

(2) Identification number;

(3) Date of receipt of the grievance;

(4) Nature of the grievance;

(5) A summary of the reply to the grievance;

(6) Date the grievance was responded to, and

(7) Additional comments, which may be pertinent to the grievance.

(k) Residents filing a grievance either electronically or on a paper form shall ensure the “Grievance Form” contains sufficient detail to allow for investigation, which shall include at a minimum, but not limited to be:

(1) The resident or grievant name;

(2) The resident or grievant identification number;

(3) The resident or grievant address or housing assignment;

(4) The date in which the form is being completed;

(5) The description of the grievance to include the violation of policy, rule, or law as well as the date and location of the occurrence;

(6) The name(s) of departmental staff involved;

(7) The name of witnesses (if applicable); and

(8) The relief or action that is sought.

(l) The warden, director, or administrator shall review the grievance, direct an investigation to be conducted if necessary, and respond to the grievance.

(m) If the grievance exceeds the warden, director or administrator’s authority, the grievance shall be forwarded to the person with the authority to respond appropriately.

(n) The Level I grievance process shall be skipped when the resident can demonstrate that using the Level I grievance process is likely to result in identifiable risk or harm to his or her physical safety or psychological well-being. An un-supported allegation of fear of retaliation shall not be sufficient.

(o) Inquiry into requests shall be factual.

(p) Residents shall be notified of the facts and resolution in writing.

(q) Grievances shall be responded to within 30 calendar days of receipt by:

(1) Granting the relief requested if the complaint is validated during the investigation process;

(2) Denying the relief requested if the complaint is deemed to be unfounded during the investigation process; or

(3) Referring the resident to the appropriate staff or area to address the formal complaint, when, and if, it has been determined to be beyond the authority of the NHDOC.

(r) If investigation into the subject matter of the Level I grievance requires additional time for investigation, an additional 30 days shall be available. The resident shall be notified of any extension before the initial 30 calendar days expires.

(s) Residents shall be notified of the findings and what the resolution is in writing following the completion of the investigation. After the resident has received the outcome, he or she may choose to elevate the complaint to a Level II grievance, and all actions executed within Cor 313.05 shall satisfy the requirement to demonstrate the Level 1 grievance process has been fully exhausted.

Source. #12792, eff 5-25-19

Cor 313.06 Level II Grievance.

(a) All grievances shall be transmitted without alteration, interference, or delay.

(b) Except as noted in Cor 313.05 (n), a Level II grievance shall not be accepted unless it demonstrates that the Level I Grievance process has been utilized and exhausted.

(d) Level II grievances shall be limited to one subject per grievance.

(e) Level II grievances must be filed within 15 days of the date of the response to the Level I Grievance.

(g) Valid reasons for a delay shall include, but not be limited to:

(1) Probationer, parolee, or facility resident illness or hospitalization;

(2) Death in the family; or

(3) No access to writing materials.

(h) Level II grievances shall be date stamped on the date of receipt whether electronically or manually. The date stamp shall be the controlling factor when determining timelines.

(i) A grievance tracking form shall be utilized by the warden, director, or administrator to record the receipt of and response to grievances.

(j) The keeper of the grievance tracking form shall include on the form:

(1) Probationer, parolee, or facility resident’s name;

(2) Identification number;

(3) Date of receipt of the grievance;

(4) Nature of the grievance;

(5) A summary of the reply to the grievance;

(6) Date the grievance was responded to; and

(7) Additional comments which may be pertinent to the grievance

(k) All Level II grievances shall be completed and submitted in accordance with Cor 313.05 (k) (1)(7) above.

(l) The commissioner shall review the grievance, direct an investigation to be conducted if necessary, and respond to the grievance.

(m) Inquiry into requests shall be factual.

(n) Residents shall be notified of the findings and what the resolution is in writing following the completion of the investigation.

(o) Level II grievances shall be responded to within 30 calendar days of receipt by:

(1) Granting the request if the complaint is validated during the investigation process;

(2) Denying the request; or if the complaint is deemed to be unfounded during the investigation process; or

(3) Referring the resident to the appropriate staff or area to address the formal complaint, when, and if, it has been determined to be beyond the authority of the NHDOC.

(p) If investigation into the subject matter of the Level II grievance requires additional time for investigation, an additional 30 calendar days shall be available. The resident shall be notified of any extension before the initial 30 calendar days expires.

Source. #12792, eff 5-25-19

PART Cor 314 RESIDENT MAIL, ELECTRONIC MESSAGING, AND PACKAGE SERVICE.

Cor 314.01 Purpose. The purpose of this part is to establish departmental rules for incoming and outgoing correspondence, publications, and packages.

Source. (See Revision Notes #1, #2, and #4 at chapter heading for Cor 300) #13154, eff 1-5-21

Cor 314.02 Applicability. This part shall be applicable to all NHDOC staff, residents, and the public.

Source. (See Revision Notes #1, #2, and #4 at chapter heading for Cor 300) #13154, eff 1-5-21

Cor 314.03 Definitions.

(a) “Commissary” means a place where residents can purchase clothing, food and sundries; the term also includes canteen.

(b) “Cash withdrawal slip” means a form used for residents to draw funds from their resident account in order to purchase items or pay bills.

(c) “Electronic messaging” means a privilege that provides digital correspondence service provided by a contracted vendor.

(d) “Hobbycraft” means an activity where residents participate in arts and crafts.

(e) “Investigations bureau” means the bureau charged with investigating allegations of gross misconduct or criminal activity.

(f) “Legal mail” means correspondence between a resident and his or her attorney(s), but does not include electronic messages.

(g) “Literary Review Committee (LRC)” means a committee appointed by the commissioner of corrections to review questionable materials attempting to be introduced into a facility.

(h) “Partially nude figure” means a figure with less than completely and opaquely covered human genitals, pubic region, buttocks, or female breast below a point immediately above the top of the areola.

(i) “Privileged mail” means correspondence with public officials, including any elected state or federal official or any appointed head of a state or federal agency, courts, attorneys, medical offices, or law-enforcement agencies.

(j) “Resident account” means an account established by the NHDOC for the resident to control the resident’s funds.

Source. (See Revision Notes #1, #2, and #4 at chapter heading for Cor 300) #13154, eff 1-5-21

Cor 314.04 Procedure.

(a) The NHDOC shall allow residents to send and receive correspondence, publications, and packages through the United States Postal Service, contracted vendor, or regulated parcel carriers, according to all applicable laws and regulations.

(b) Members of the public who choose to communicate using the electronic messaging system implicitly consent to:

(1) Staff monitoring all electronic messages;

(2) Potential suspension or revocation of service for individuals who transmit content identified as unacceptable pursuant to Cor 314.11; or should the message, attachment, or both contain materials that directly threaten operational security, personal security, or both, or contain images or acts of abuse, violence, or both. and

(3) Failure to abide by rules set forth within Cor 314 shall result in a forfeiture of use of the electronic messaging service for a minimum of one year from the date of the occurrence.

Source. (See Revision Notes #1, #2, and #4 at chapter heading for Cor 300) #13154, eff 1-5-21

Cor 314.05 Incoming Mail Requirements.

(a) Incoming correspondence shall be written in black or blue ink pen, or pencil.

(b) Incoming correspondence containing any of the following, but not limited to, shall be prohibited:

(1) Marker;

(2) Crayon;

(3) Colored pencil;

(4) Glitter;

(5) Chalk;

(6) Lipstick;

(7) Sticker(s);

(8) Adhesive material; and

(9) Gel pens.

(c) Incoming correspondence shall use unscented standard white copy, printer, or loose-leaf paper or standard stock index cards.

(d) The following forms of correspondence shall be prohibited:

(1) Greeting cards;

(2) Postcards featuring any type of printed design, picture or depiction; and

(3) Any unusually thick paper or stationary.

(e) All books, periodicals, and magazines shall be:

(1) From a bona fide publisher or bookstore;

(2) Prepaid and postage paid; and

(3) Delivered through the United States Postal Service.

(f) COD packages and items that have been re-packed or delivered by other sources shall not be accepted.

(g) Newspaper articles, internet printings, and photocopies shall be authorized if they do not violate any other standard of this rule, and:

(1) The article shall be no larger than standard letter size of 8 1/2 inches by 11 inches; and

(2) The article shall not be altered in any form.

(h) Book size shall not exceed 9 inches by 12 inches.

Source. (See Revision Notes #1, #2, and #4 at chapter heading for Cor 300) #13154, eff 1-5-21

Cor 314.06 Mail and Package Limitations.

(a) When the cost is borne by the resident, there shall be no limit on the volume of letters a resident may send or receive.

(b) Incoming resident mail shall be limited to 10 pages in length per letter.

(d) Bulk mail that advertises or solicits any item or service that residents are not authorized to receive shall not be forwarded to the residents.

Source. (See Revision Notes #1, #2, and #4 at chapter heading for Cor 300) #13154, eff 1-5-21

Cor 314.07 Mail Security Screening.

(a) All incoming and outgoing mail shall be subject to being opened, copied and read except for privileged correspondence and legal mail pursuant to Cor 314.15 and Cor 314.16.

(b) No correspondence shall be accepted with any type of binding attached to the pages of the documents. The NHDOC shall not consider a single staple to be “bound.” Staff shall remove a single staple and forward the mail to the resident.

(c) The following documents addressed to residents shall be accepted by the mailroom staff and forwarded to the administrator of programs of the facility where the resident is housed:

(1) Birth certificate;

(2) Passport;

(3) Certificates of naturalization;

(4) Social security cards;

(5) Driver’s licenses; and

(6) Non-driver license identification issued by the NH department of motor vehicles.

(d) If a resident, through legal mail, privileged correspondence, or regular mail receives a check, the check shall be forwarded to the mailroom to be logged and forwarded to the NHDOC bureau of resident accounts where the check shall be deposited in the resident’s account.

(e) All cash received in the mail shall be treated as contraband.

Source. (See Revision Notes #1, #2, and #4 at chapter heading for Cor 300) #13154, eff 1-5-21

Cor 314.08 Electronic Message Screening.

(a) All incoming and outgoing electronic messages shall be subject to monitoring and inspection prior to delivery.

(b) Incoming or outgoing messages that are in violation of this rule shall be rejected unless the message is potentially criminal in nature in which case the message shall be forwarded to the investigations bureau for further review.

(c) Messages sent by residents that are in violation of this rule shall subject the resident to administrative or criminal action, or both.

Source. (See Revision Notes #1, #2, and #4 at chapter heading for Cor 300) #13154, eff 1-5-21

Cor 314.09 Withholding or Rejecting of Mail, Electronic Messages or Packages.

(a) Incoming or outgoing resident mail, electronic messages, magazines, books, or packages that meet any of the following criteria shall be withheld:

(1) Descriptions or depictions of procedures for the construction or use of weapons, ammunition, bombs, incendiary devices, or other items that might constitute a security hazard;

(2) Materials that depict, encourage, or describe methods of escape from correctional facilities, or contain blueprints, drawings, or similar descriptions of locking devices of penal institutions, and other materials that might assist in the planning or execution of an escape;

(3) Descriptions or depictions of procedures for brewing alcoholic beverages, or the use, procurement, or manufacture of drugs, and drug paraphernalia;

(4) Material that violates postal regulations, makes unlawful threats, or attempts at blackmail or extortion;

(5) Material that contains contraband as defined by other federal or state law or regulation;

(6) Photographs, pictures, or videos of partially nude children, or adult visitors, or which contain an image where the head is cropped or obscured, making the age determination of the subject indeterminable;

(7) Publications containing explicit descriptions, advertisements, or pictorial representations of sexual acts that include penetration, bestiality, or sex involving children;

(8) Correspondence between a resident, current probationer or parolee or supervisee of any other correctional department, institute or jail without the permission of the chief administrator of each facility or his or her designee;

(9) Documents written in code or instructions on how to write in code, including the use of emoji;

(10) Descriptions or depictions that encourage activities which may lead to the use of physical violence, group disruption, or security threat group activity;

(11) Materials that encourage or instruct in, the commission of criminal activities or are in violation of the rules of conduct for residents;

(12) Material pertaining to gambling or facilitation of a lottery;

(13) Unauthorized solicitation of gifts, goods, or money from persons other than the family of the resident;

(14) Correspondence constituting or contributing to the conduct or operation of a business, except correspondence necessary to protect the property or funds of the resident during confinement or for educational purposes;

(15) Contents that would, if transmitted, create a clear and present danger of violence and physical harm to persons or property, or severe psychiatric or emotional disturbance to a resident;

(16) Material or correspondence that relates to resident or prison organized groups or unions;

(17) Security threat group correspondence or materials;

(18) Obscene material as determined and defined by the LRC, the commissioner, or a court of law;

(19) Resident to resident mail except as authorized by the warden, director or designee; and

(20) Materials that may jeopardize institutional security.

(b) When incoming mail or packages, other than bulk or, third or fourth class is rejected for any reason, the originator if readily identifiable shall be notified that the letter or package was rejected by the respective mail or property room staff.

(c) All notices of rejected, non-processed, or un-forwarded mail or packages shall be in writing and shall specifically cite the reason(s) for the rejection or non-processing.

(d) Any material provided to investigative agencies shall be handled and processed as physical evidence in accordance with applicable laws, rules, and regulations.

(e) Residents may request one copy of the existing “Withheld Mail Log” entries pertaining to them for a particular date or timeframe at his or her own expense. The log shall be maintained in the mailroom for a minimum of 60 days. Thereafter, the log shall be archived.

(f) All mail or electronic messages shall be withheld from residents on suicide watch. Non-privileged mail shall be placed in the resident’s personal property. Privileged mail shall be logged into the Legal Mail Log where it shall be noted that the resident was unable to sign for it. Privileged mail shall then be held in the facility property room.

Source. (See Revision Notes #1, #2, and #4 at chapter heading for Cor 300) #13154, eff 1-5-21

Cor 314.10 Mail Forwarded to the Investigations Bureau.

(a) Material that will become part of an official investigation shall be retained as evidence. Both the sender and the intended recipient shall be notified by investigations bureau staff within 10 working days that the material is being held as evidence, unless making the notification jeopardizes the investigation, in which case a written exception shall be sought from the professional standards director or higher authority. In the event that the exception is not approved, the resident shall be given written notification within 10 days of the date of that decision.

(b) Material that does not constitute a violation of Cor 314.11 (a) shall be returned to the mailroom staff with instructions to forward it to the addressee. If the material is held less than 10 days, no notice to the resident of the item being withheld shall be required.

(c) Unauthorized resident to resident mail shall be retained by the investigations bureau and is not subject to the notification requirement.

(d) Material that the investigations bureau has determined should be rejected shall be returned to mailroom staff with an explanation for rejection together with instructions to notify both the sender, if known, and the intended recipient. Notice to the resident and the sender shall be from the mailroom.

Source. (See Revision Notes #1, #2, and #4 at chapter heading for Cor 300) #13154, eff 1-5-21

Cor 314.11 Privileged Correspondence.

(a) All privileged mail shall be completely confidential and shall be clearly marked “Privileged” on the address side of the envelope.

(b) Outgoing privileged mail shall be handled without interference, inspection, reading, or opening.

(d) Incoming privileged mail shall be opened and inspected for contraband only in the presence of the resident.

(e) When the author of either inbound or outbound mail is in doubt, such items shall be brought to the attention of the department’s investigations bureau prior to delivery.

(f) Mail addressed to an individual indicated as privileged shall not be opened for inspection except in the resident’s presence.

(g) Residents may seal correspondences addressed to individuals who are classified as privileged before depositing the mail in an approved collection box.

(h) The following shall be the complete list of agencies or individuals classified as privileged:

(1) President of the United States, Washington DC;

(2) Vice President of the United States, Washington DC;

(3) Members of Congress addressed to appropriate office;

(4) The Attorney General of the United States and regional offices of the Attorney General;

(5) Federal or state courts;

(6) The governor and council of the State of New Hampshire, State House, Concord, NH 03301;

(7) The Attorney General of the State of New Hampshire, 33 Capitol St, Concord, NH 03301;

(8) Commissioner of the NHDOC;

(9) Wardens or directors of the NHDOC;

(10) Members of the state parole board;

(11) Members of the New Hampshire general court, at the state house or legislative office building;

(12) County Attorneys;

(13) Doctors and medical staff of the NHDOC;

(14) Doctors and medical staff not on the staff of the NHDOC; and

(15) Law Enforcement Agencies.

(i) The following correspondence shall not require postage:

(1) Federal or State courts;

(2) The governor and council of the State of New Hampshire;

(3) The attorney general of the State of New Hampshire;

(4) Members of the New Hampshire general court;

(5) Members of the New Hampshire parole board; and

(6) Staff members of the NHDOC.

Source. (See Revision Notes #1, #2, and #4 at chapter heading for Cor 300) #13154, eff 1-5-21

Cor 314.12 Legal Mail.

(a) Correspondence between a resident and his or her attorney(s) shall be opened in the presence of the resident to ensure the authenticity of the correspondence and to check for contraband.

(b) The phrase “Legal Mail” shall be written on the address side of the envelope in order to assure confidential handling in either in-bound or out-bound legal mail.

(c) Incoming legal mail found in violation of this rule shall be forwarded to the investigations bureau for appropriate action with the person(s) or firm(s) involved.

(d) Legal mail shall not be bound. No legal correspondence shall be accepted with any type of binding attached to the pages of the documents. The NHDOC shall not consider a single staple to be “bound.” Staff shall remove the staple and forward the mail to the resident.

Source. (See Revision Notes #1, #2, and #4 at chapter heading for Cor 300) #13154, eff 1-5-21

Cor 314.13 Non-Privileged Incoming Mail.

(a) All incoming mail shall have the resident’s full name and ID number as part of the mailing address. Mail received without the ID number shall be returned to sender as having insufficient address.

(b) Items which residents are not authorized to have in their possession, or items that exceed the authorized allowances, shall be returned to the sender or otherwise disposed of as requested by the resident involved.

(c) The NHDOC or any of its employees shall not be responsible for any incoming package to residents unless the package has been mailed “Certified Mail Return Receipt Requested” and staff has signed acknowledgement of receipt for the package.

Source. (See Revision Notes #1, #2, and #4 at chapter heading for Cor 300) #13154, eff 1-5-21

Cor 314.14 Appeals.

(a) If a resident or correspondent believes that the NHDOC improperly rejected mail, packages, books or periodicals he or she may appeal to the warden or director in writing within 10 days of the date they were sent notice of the decision.

Source. (See Revision Notes #1, #2, and #4 at chapter heading for Cor 300) #13154, eff 1-5-21

CHAPTER Cor 400 CLASSIFICATION

Revision Note #1:

Document #12503, effective 3-23-18, readopted with amendments Chapter Cor 400 on classification. Document #12503 made extensive changes to the wording, format, structure, and numbering of rules in Chapter Cor 400.

Document #12503 replaced all prior filings for rules in Chapter Cor 400. The prior filings affecting rules in Chapter Cor 400 included the following documents:

#7449, eff 2-6-01

#9384, INTERIM, eff 2-3-09

#9509, eff 7-8-09, EXPIRED 7-8-17

#12397, INTERIM, eff 9-29-17

Revision Note #2:

Document #12777, effective 5-11-19, readopted with amendments Chapter Cor 400 on classification. Document #12777 made further extensive changes to the wording, format, structure, and numbering of rules in Chapter Cor 400 as last filed under Document #12503.

Document #12777 replaced Document #12503 for all rules in Chapter Cor 400.

REVISION NOTE #3:

Document #12887, effective 9-28-19, readopted with amendments and renumbered Part Cor 307 titled “Work Release” as Part Cor 411 titled “Work Release.”

Document #12887 replaces all prior filings for rules in Cor 307. The prior filings affecting these and other rules in Chapter Cor 300 are listed in Revision Note #1 and Revision Note #2 at the chapter heading for Chapter Cor 300.

CHAPTER Cor 400 CLASSIFICATION

PART Cor 401 PURPOSE AND SCOPE

Cor 401.01 Purpose. The purpose of this chapter is to provide rules that establish the general framework for an objective corrections classification system. The day-to-day internal practices and procedures of the classification system are contained in the classification handbook.

Source. (See Revision Notes #1 and #2 at chapter heading for Cor 400) #12777, eff 5-11-19

Cor 401.02 Scope. These classification rules shall apply to all department of corrections staff and all residents, probationers and parolees.

Source. (See Revision Notes #1 and #2 at chapter heading for Cor 400) #12777, eff 5-11-19

PART Cor 402 DEFINITIONS

Cor 402.01 Definitions.

(a) “Administrative Home Confinement (AHC)” means an electronic monitoring program for eligible residents which is designed to provide a moderate to high level of supervision to those individuals granted access to the program and ensure program compliance is adhered to.

(b) “Behavioral health illness” means a substantial impairment of emotional process, or of the ability to exercise conscious control of ones’ actions, or the ability to perceive reality or to reason, which impairment is manifested by instances of extremely abnormal behavior or extremely faulty perceptions. The term does not include impairment primarily caused by epilepsy, intellectual disability, continuous or sporadic periods of intoxication caused by substances such as alcohol or drugs, or dependence upon or addiction to any substances such as alcohol or drugs.

(c) “Correctional offender information system (CORIS)” means the software application utilized to manage information pertaining to residents which shall include but not be limited to, criminal history, housing assignments, job status, resident pay, disciplinary history, visitor information, and other administrative information.

(d) “Dangerous instrument” means an instrument or device that under the circumstances which it was used, is readily capable of causing death or serious bodily injury.

(e) “General Population” means residents who reside in non-restrictive housing units.

(f) “Harm to himself or herself or others” means a resident has within the preceding 40 days, inflicted or attempted to inflict bodily harm on himself, herself, or another or threatened to inflict serious bodily harm to himself, herself, or another, or attempted suicide or serious self-injury and there is a strong possibility that these attempted acts will occur again if the resident is not hospitalized. This term can also mean resident behavior demonstrates that he or she lacks the capacity to care for his or her own welfare, that death, serious bodily injury, or serious debilitation would ensue if hospitalization does not occur.

(g) A “major rule violation” means the highest level of institutional resident rule violation and is considered as serious or, severe, and shall be subject to disciplinary action. The term includes “A” level rule violations.

(h) A “minor rule violation” means a moderate to minimal level of institutional resident rule violation and would constitute as a minor or inconsequential rule violation, and is subject to disciplinary action. The term includes “B” and “C” level rule violations.

(i) “MITTIMUS” means a court order directing a sheriff or other police officer to escort a convict to a prison, or commands a jailer to safely keep a felon until he or she can be transferred to a prison. The term includes the transcript of the conviction and sentencing stages, which is duly certified by a clerk of court.

(j) “No Job Available (NJA)” means no current vacancies exist where a resident may be placed to work.

(k) “Pending Administrative Review (PAR)” means “Pending Administrative Review” as defined in Cor 101.18.

(l) “Reduced Pay Status (RPS)” means a reduction in resident pay for reasons which include, but are not limited to, a change in job, change in job status, or suspension from a job assignment.

(m) “Resident” means a person who has been committed to the custody of the commissioner pursuant to a court order, or is transferred to the custody of the commissioner from a confinement facility outside the state prison system where the person was confined pursuant to a court order. The term includes “inmates”, “patients”, “probationers”, and “parolees”.

(n) “Secure Psychiatric Unit (SPU)” means “Secure psychiatric unit” as defined in Cor 101.29.

(o) “Transitional Housing Unit (THU)” means a housing unit or facility where residents are assigned for minimum security or work release while preparing for release from institutional settings back into the community.

(p) “Transitional Work Center (TWC)” means a housing unit or facility where residents are assigned for minimum security while preparing for release from institutional settings back into the community.

(q) “Weapon” means a firearm in the individual’s possession, knife or bladed instrument, dangerous instrument, explosives, incendiaries, or other items which may be utilized to inflict bodily harm or death to the individual or another.

Source. (See Revision Notes #1 and #2 at chapter heading for Cor 400) #12777, eff 5-11-19

PART Cor 403 CORRECTIONAL CLASSIFICATION SYSTEM

Cor 403.01 Classification System of the New Hampshire Department of Corrections (NHDOC).

(a) The objective corrections classification system utilized by the department shall be based upon a nationally recognized model.

(b) The model shall systematically identify the following 8 security program, and treatment needs of residents and match them with the department's facilities and program resources:

(1) Public risk (P);

(2) Institutional risk (I);

(3) Medical and health care needs (M);

(4) Behavioral health needs (BH);

(5) Treatment needs (T);

(6) Educational needs (E);

(7) Vocational needs (V); and

(8) Work skills (W).

(1) Considers the safety of the public as well as the institutional safety of the staff and the facility population;

(2) Places residents in the least restrictive custody commensurate with their security needs and custody requirements with regard to public safety and institutional risk in a consistent and fair manner;

(3) Militates against extended maximum custody status unless exceptional reasons or circumstances exist, such as but not limited to escape attempts, numerous and recent major disciplinary violations, repeated returns to maximum custody, or an ongoing public threat;

(4) Matches the needs of residents with agency resources to include utilizing staff in the most efficient and effective manner;

(5) Is easily administered, provides for ease in training staff, and is easily explainable to, residents as well as to the public;

(6) Maximizes the use of the institutional classification process through specialized testing and interviews by prison program and support staff, and which develops a system that will not only assign housing to residents but also assure that residents receive the maximum benefit of training and programming available to them in accordance with their rehabilitative needs;

(7) Is capable of validation; and

(8) Can be easily incorporated into a computerized management information system that could be further used for planning for the needs of the department and the residents.

Source. (See Revision Notes #1 and #2 at chapter heading for Cor 400) #12777, eff 5-11-19

Cor 403.02 Classification Staff.

(a) There shall be classification staff at every facility.

(b) The classification staff shall:

(1) Conduct quarantine interviews and provisionally assign residents to a housing unit for the remainder of the diagnostic period;

(2) Make recommendations to the administrator of classification and client records based on the initial classification evaluation;

(3) Sign and submit the re-entry plan to the administrator of classification and client records for approval;

(4) Function as a fact-finder in reviewing the reclassification recommendations of unit boards, and thereafter make reclassification recommendations to the administrator of classification and client records;

(5) Monitor the activities of unit classification boards to assure that standards and eligibility criteria are being followed;

(6) Make recommendations for special conditions such as requirements for conditional parole commitment and alternative release programs;

(7) Train departmental personnel in the classification process;

(8) Inform the victim services coordinator about recommended resident transfers or reduced custody levels to facilitate timely notification of crime victims pursuant to RSA 21-M:8-k Rights of Crime Victims;

(9) Request permission from the sentencing judge when a resident is being considered for work release or home confinement prior to their minimum parole date;

(10) Review and approve or deny job changes pursuant to pursuant to Cor 409.03 (k);

(11) Enters the PREA assessment results into CORIS;

(12) Approve or deny keep-aways and enter into CORIS, provided that for purposes of this subparagraph “keep-away” means any resident(s) that poses a threat to or is threatened by any other resident being classified;

(13) Review and make recommendations for AHC applications;

(14) Review and make recommendations for administrative review evaluations pursuant to Cor 410.04;

(15) Maintain the PAR list;

(16) Assist in resolving open charges;

(17) Facilitate county and out-of-state placements pursuant to RSA 623:2 and RSA 622-B:2;

(18) Audit units for:

a. PAR compliance;

b. Job assignments; and

c. Classification reviews;

(19) Review sentencing documents for sexually violent predator offenses, prompting notification pursuant to RSA 135-E:3 when appropriate; and

(20) Assign resident housing.

Source. (See Revision Notes #1 and #2 at chapter heading for Cor 400) #12777, eff 5-11-19; ss by #12884, eff 9-28-19

PART Cor 404 INTAKE HOUSING ASSIGNMENT

Cor 404.01 Housing Assigned to Residents During The Intake Process.

(a) Intake housing assignments shall be in a facilities reception and diagnostic unit unless the resident:

(1) Has a documented history of assaulting staff or other residents;

(2) Has escaped from a secure facility;

(3) Is sentenced to life without parole;

(4) Is sentenced to death;

(5) Has documented protective custody issues; or

(6) Requires constant medical or psychiatric care.

(b) Residents who meet any of the above criteria shall be housed during the intake process in either the:

(1) Special housing unit;

(2) Secure psychiatric unit; or

(3) A health services center.

Source. (See Revision Notes #1 and #2 at chapter heading for Cor 400) #12777, eff 5-11-19

PART Cor 405 INTAKE AND ORIENTATION

Cor 405.01 Intake Procedures.

(a) Upon admission to a facility each resident shall be brought to the reception and diagnostic area by the transporting authorities.

(b) Initial processing shall consist of the following:

(1) A thorough body search shall be done to check for contraband;

(2) Medical or acute psychiatric problems shall be noted and reported by the intake officer to the medical department and security as soon as possible for triage;

(3) All new residents brought in from an overnight stay longer than 48 consecutive hours at another facility, and any resident returning from C-1 status, shall receive a shower with a delousing solution;

(4) The resident shall be dressed in state issued clothing and given bedding and toiletries;

(5) All property and money shall be collected and placed in storage for safekeeping;

(6) A property receipt shall be issued to the resident;

(7) The receiving officer shall interview the new resident and complete the necessary reception data entry;

(8) Fingerprints and photographs of the resident shall be taken;

(9) The committal paperwork of the resident shall be reviewed to ensure that the resident has been committed to the custody of the department; and

(10) A copy of the correctional handbook including the rules and expectations required as well as the initial guidelines of the classification process shall be provided to each incoming resident.

(c) The resident shall sign a receipt for the correctional handbook to assure that he or she has been properly notified of his or her responsibilities as a resident.

(d) Every resident shall receive an identification card which he or she shall carry on his or her person at all times unless otherwise directed. Residents shall be subject to disciplinary action if the ID card is lost or destroyed, and shall be responsible for the replacement cost.

(e) Upon completion of the intake process the resident shall be housed in the appropriate housing unit in a quarantine status, as determined by the classification staff. The initial quarantine period shall last for 30 days unless a shorter or longer period is necessary during which time the resident shall be oriented and initial assessments shall be conducted.

(f) Residents who demonstrate behavior(s) that reception staff suspect to be behavioral health related shall be evaluated by the administrator of behavioral health or designee to assess special housing needs.

Source. (See Revision Notes #1 and #2 at chapter heading for Cor 400) #12777, eff 5-11-19

Cor 405.02 Orientation for Residents of Departmental Facilities.

(a) Reception staff members shall on the first day of incarceration interview and orient the resident as well as answer questions or direct the questions to the appropriate staff member(s). As a result of these interviews, management shall be alerted to any special need, which requires attention prior to the initial classification evaluation.

(b) Staff members shall provide the quarantined residents with an oral presentation, which shall include:

(1) The facility warden’s name;

(2) The facility chief of security’s name;

(3) The unit supervisor’s name;

(4) At what time the resident can participate in recreational activities;

(5) How and when to shower;

(6) The process for cleaning laundry and bedding;

(7) Meal times;

(8) Visitation process and hours;

(9) Diagnostic and assessment procedures;

(10) A summary of the prison classification process to enable the resident to prepare for their initial classification evaluation as well as to start planning for his or her future progress through the system; and

(12) Eligibility requirements for administrative home confinement.

(c) Methods other than oral shall be provided for residents that do not read or speak the English language or that are hearing impaired.

(d) A member of the investigations bureau, or designee, shall interview each quarantined resident for the purpose of gathering information and assessing any special needs or concerns that the resident might have.

(e) The orientation period for residents shall be no more than 30 days, unless there are unforeseen circumstances including, but not limited to, a resident’s medical emergency, a facility emergency, or a staffing shortage that prevents the orientation from being completed within the 30-day timeframe. The administrator of classification and client records shall be notified in writing by the reception unit supervisor

and shall review the case of any new resident who is not transferred out of orientation housing within 30 days of arrival to verify the unforeseen circumstance, after which the resident shall be informed in writing of the reason. To comply with HIPAA regulations, medical issues which cause a resident to remain in orientation housing beyond 30 days shall be communicated directly to the resident by a health care provider.

Source. (See Revision Notes #1 and #2 at chapter heading for Cor 400) #12777, eff 5-11-19; ss by #12885, eff 9-28-19

PART Cor 406 ASSESSMENTS

Cor 406.01 Resident Assessment Process.

(a) During the first 30 days of incarceration, the resident shall be seen by:

(1) The medical staff to determine his or her medical needs;

(2) Behavioral health staff to determine his or her behavioral health needs;

(3) Program staff to determine his or her program needs;

(4) Education staff to determine his or her educational needs;

(5) Career and technical education staff to determine his or her career and technical education needs; and

(6) A classification staff member to review assessment results and develop the re-entry plan.

(b) There shall be 5 custody levels as follows:

(1) C-1 or “community corrections” where residents work, recreate, and receive treatment in the community;

(2) C-2 or “minimum custody” where residents may work in the community, but recreate, and receive treatment at a departmental facility;

(3) C-3 or “medium custody” where a resident lives, works, recreates, and participates in treatment with the general population of a departmental facility;

(4) C-4 or “close custody” where a resident lives, works, recreates, and participates in treatment under some restriction in a departmental facility; and

(5) C-5 or “maximum custody” where a resident lives, works, recreates, and participates in treatment within a secure unit of a departmental facility.

(c) Custody level shall be determined by the intersection of public risk and institutional risk scores as designated in Table 406-1, Custody Level Matrix below:

Table 406-1 Custody Level Matrix

Institutional Risk Assessment	Public Risk Assessment
		P-1	P-2	P-3	P-4	P-5
	I-1	C-1	C-2	C-2	C-3	C-5
	I-2	C-1	C-2	C-3	C-3	C-5
	I-3	C-2	C-2	C-3	C-3	C-5
	I-4	C-3	C-3	C-4	C-4	C-5
	I-5	C-4	C-4	C-4	C-5	C-5

Source. (See Revision Notes #1 and #2 at chapter heading for Cor 400) #12777, eff 5-11-19

Cor 406.02 Public Risk Assessment.

(a) If a resident receives a combination of ratings ranging from “1” to “5”, the “highest” rating in this example will dictate the public risk rating, which would be P-5.

(b) Public risk, which relates to a resident’s escape potential, and if he or she does escape what danger he or she would present to the public, shall be determined by the highest rating assigned to any of the following 9 factors:

(1) Extent of violence in current offense;

(2) Weapon used in current offense;

(3) Escape history;

(4) Violence history;

(5) Nature of sexual offense;

(6) Confinement history;

(7) Sentence length;

(8) Detainer status or known pending charges; and

(9) Substance abuse history.

(c) The factors for (b)(1) above shall be assessed independently for “extent of violence in current offense” on a scale of 1 to 5 in the following manner:

(1) A rating of 5 for death, premeditated or unprovoked;

(2) A rating of 4 for death resulting from a crime of passion, or armed robbery, kidnapping, arson of an occupied structure, and 1st degree assault;

(3) A rating of 3 for serious injury or death resulting from the sale of a drug, 2nd degree assault, or armed or unarmed robbery;

(4) A rating of 2 for threat or minor injury; and

(5) A rating of 1 for no violence involved.

(6) Attempted offenses shall be treated the same as if the offense were committed;

(7) Parole violation shall be scored on the original crime that they were sentenced; and

(8) The P-score for parole violators shall be reduced by one score where the nature of the violation, which returned them to prison, contained no violence.

(d) The factors for (b)(2) above shall be assessed independently for “weapon in current offense” with scores awarded in the following manner:

(1) A rating of 3 for weapon involved; or

(2) A rating of 1 for no weapon involved.

(e) The factors for (b)(3) above shall be assessed independently on a scale of 1 to 5 in the following manner:

(1) A rating of 5 for escape or attempted escape from a secure perimeter facility less than two years ago or multiple escapes or escape attempts in the past 5 years;

(2) A rating of 4 for escape or attempted escape from a secure perimeter facility over 2 years ago;

(3) A rating of 3 for escape or attempted escape from a non-secure perimeter facility less than 3 years ago or default, bail jumping, being a fugitive from justice, or escape during the arrest process less than 3 years ago;

(4) A rating of 2 for escape or attempted escape from a non-secure facility over 3 years ago, or default, bail jumping, being a fugitive from justice, or escaping during the arrest process more than 3 years ago; or

(5) A rating of 1 for no escape history.

(f) The factors for (b)(4) above shall be assessed independently on a scale of 1 to 4 in the following manner:

(1) A rating of 4 for 2 or more serious offenses;

(2) A rating of 3 for one serious offense or 2 or more minor offenses;

(3) A rating of 2 for one minor offense; or

(4) A rating of 1 for no violent offenses.

(g) The factors for (b)(5) above shall be assessed independently on a scale of 1 to 5 in the following manner:

(1) A rating of 5 for sexual offense resulting in death, or of a particularly heinous or violent nature;

(2) A rating of 4 for rape or a sexual offense resulting in injury;

(3) A rating of 3 for molestation of a lesser nature than rape, or sexual offense other than rape resulting in minor injury;

(4) A rating of 2 for sexual offense not described in the above ratings such as child pornography where no physical or mental force was used or in crimes not specific to the NH criminal code of a sexual offense but the indictment describes a crime sexual in nature; or

(5) A rating of 1 for no sexual offense.

(h) The factors for (b)(6) above shall be assessed independently on a scale of 1 to 3 in the following manner:

(1) A rating of 3 for 2 or more confinements in a correctional institution;

(2) A rating of 2 for one confinement in a correctional institution; or

(3) A rating of 1 for no previous confinement.

(i) The factors for (b)(7) above shall be assessed independently on a scale of 1 to 5 in the following manner:

(1) A rating of 5 for death penalty or life without parole;

(2) A rating of 4 for 16 years or more including life;

(3) A rating of 3 for 5 to 15 years;

(4) A rating of 2 for 1 to 4 years; or

(5) A rating of 1 if not applicable.

(j) The factors for (b)(8) above shall be assessed independently on a scale of 1 to 4 in the following manner:

(1) A rating of 4 for detainer or known pending charge or charges for a capital offense;

(2) A rating of 3 for detainer or known pending charge or charges for a felony offense;

(3) A rating of 2 for detainer or known immigration detainer for deportation, or pending charge or charges for a misdemeanor, fine traffic offense, or other violations not listed; or

(4) A rating of 1 for no detainers or pending charges.

(k) The factors for (b)(9) above shall be assessed independently on a scale of 1 to 3 in the following manner:

(1) A rating of 3 for serious abuse directly related to the offense which jeopardized the safety of the public or the safety of the resident or both;

(2) A rating of 2 for moderate abuse not related to the offense which jeopardized the safety of the public or the resident or both; or

(3) A rating of 1 for minimal or no substance abuse which posed nominal danger to the public or the resident or both.

(4) Only one rating shall be entered for each of (c) through (k) above.

Source. (See Revision Notes #1 and #2 at chapter heading for Cor 400) #12777, eff 5-11-19

Cor 406.03 Institutional Risk Assessment.

(a) The institutional risk score, shall be determined by the highest rating assigned to any of the 5 factors listed (b) below. For example, if a resident receives a combination of ratings ranging from “1” to “4”, the highest rating in this example the “4”, shall dictate the institutional risk score, which would be I-4.

(b) The institutional risk categories shall be:

(1) Prior institutional adjustment;

(2) Community stability;

(3) Cooperativeness;

(4) Probation and parole adjustment; and

(5) Security threat group affiliation or membership.

(1) A rating of 5 for poor with 1 or more major rule violations related to violence, escape, contraband possession, or serious offenses which disrupts institutional operations and jeopardizes public or resident safety;

(2) A rating of 4 for unsatisfactory with 1 or more major rule violations not related to violence, escape, contraband possession and did not cause a disruption in institutional operations, or a series of multiple minor rule violations that interrupt the orderly operation of the institution and jeopardize the safety of staff and residents;

(3) A rating of 3 for satisfactory with minimal minor rule violations without pattern or disruption to the institution, or no prior adjustment record available but known prior incarcerations;

(4) A rating of 2 for good with few minor rule violations rule violations; or

(5) A rating of 1 for exemplary with no disciplinary record or prior incarceration.

(d) The factors for (b)(2) above shall be assessed independently on a scale of 1 to 4 in the following manner:

(1) A rating of 4 for poor with serious adjustment problems while in the community;

(2) A rating of 3 for satisfactory when the resident’s overall adjustment in the community is satisfactory;

(3) A rating of 2 for excellent when the resident is able to adjust extremely well to community life; or

(4) A rating of 1 for no prior community supervision or incarceration.

(e) The factors for (b)(3) above shall be assessed independently on a scale of 1 to 3 in the following manner:

(1) A rating of 3 for poor when the resident either refuses or limits cooperation;

(2) A rating of 2 for satisfactory when the resident provides basic information but does not go beyond in providing assistance; or

(3) A rating of 1 for excellent when the resident not only provides basic information but also assists staff in identifying possible program and service needs.

(f) The factors for (b)(4) above shall be assessed independently on a scale of 1 to 3 in the following manner:

(1) A rating of 3 for poor when the overall probationer or parolee adjustment on probation or parole is deemed to be unsatisfactory based on documented records generated through any negative contact with law enforcement officials outside of routine contact with a PPO;

(2) A rating of 2 for satisfactory when the probationer or parolee on probation or parole is perfunctory, with no noted violations related to the conditions of release as described within the parole plan set forth by the parole board or exemplary actions demonstrating forward progression toward rehabilitation or assimilation to the community; or

(3) A rating of 1 for excellent when the probationer or parolee adjustment to probation or parole is exceeding the terms and conditions of his or her parole plan as documented by the PPO.

(g) The factors for (b)(5) above shall be assessed independently on a scale of 1 to 4 in the following manner:

(1) A rating of 4 for a known leader or high ranking member of a security threat group member;

(2) A rating of 3 for a known security threat group member;

(3) A rating of 2 for a known affiliation with security threat group or groups; or

(4) A rating of 1 for no connection to any security threat group.

(h) Only one rating is shall be entered for each of (c) through (g) above.

Source. (See Revision Notes #1 and #2 at chapter heading for Cor 400) #12777, eff 5-11-19

Cor 406.04 Medical Assessment.

(a) Each resident shall be given a complete physical examination during the quarantine period by a qualified health care professional. The physical examination shall include a complete medical history. Particular attention shall be paid to current illnesses and health problems that need appropriate attention. Laboratory testing shall be done as needed and other tests as necessary. After a physical examination is completed, each resident shall be coded based upon his or her physical condition and needs.

(b) Medical coding shall range from “1” to “5” based on the following:

(1) A rating of M-5 for a resident who is severely limited in physical capacity or who is incapable of handling work assignments so that, although he or she might be able to handle some training assignments or they might require specialized placement or extensive medical monitoring;

(2) A rating of M-4 for a resident who has very limited physical capacity and requires special work or training assignments or has impairments that are generally not correctable;

(3) A rating of M-3 for a resident who has limited physical capacity for work or training assignments; and can work for moderate periods of time and may not do heavy lifting;

(4) A rating of M-2 for a resident who is physically capable, but may have a chemical imbalance that can be managed as long as the resident follows a treatment regime, and can handle most any work or training assignment; or

(5) A rating of M-1 a resident who is physically capable of performing any work or training with no restrictions.

Source. (See Revision Notes #1 and #2 at chapter heading for Cor 400) #12777, eff 5-11-19

Cor 406.05 Behavioral Health Assessment.

(b) Behavioral health coding shall range from “1” to “5” based on the following:

(1) A rating of BH-5 for severe impairment due to psychiatric illness requiring management in a secure psychiatric facility, where residents in this category would meet the criteria used in the voluntary or involuntary transfer of residents from correctional institutions or jails to a psychiatric facility for treatment pursuant to RSA 623:1;

(2) A rating of BH-4 for severe impairment due to psychiatric illness requiring special monitoring and treatment, but no transfer to a secure psychiatric facility. Residents in this category shall include those diagnosed by a physician or psychiatric provider as behaviorally ill and requiring on-going treatment including prescribed medication or counseling and whose unpredictable behavior indicates the need for special evaluation and management regarding resident or program placement;

(3) A rating of BH-3 for moderate to mild impairment due to psychiatric illness or psychological problems. Residents in this category shall include those in need of on-going mental health clinical, psychiatric, or psychological services which might include prescribed medication, psychotherapy, or counseling on a regular basis such as weekly, monthly or bimonthly, or some other prescribed regimented schedule. Residents in this category shall include those who would usually be assigned to regular individual and program placements. This group shall also include those who might be seen as manifesting crisis of a behavioral nature such as acting out or self-injury requiring special individual maintenance from time to time;

(4) A rating of BH-2 for mental health alert due to history of psychiatric illness currently in remission and not requiring special individual or program assignment. This group shall include those residents who might have a need for individual or staff initiated clinical intervention for unspecified, non-critical emotional or psychological problems; and

(5) A rating of BH-1 for no mental health needs. This group includes residents appropriate for regular individual and program placements. A resident with a history of psychiatric illness whose condition remains in remission may, at the discretion of mental health staff, if it is medically appropriate, be assigned this rating code.

Source. (See Revision Notes #1 and #2 at chapter heading for Cor 400) #12777, eff 5-11-19

Cor 406.06 Treatment Assessment.

(a) The treatment assessment (T) category shall be an unchangeable need and a minimal graduation scale which shall be applied to show the resident’s progress in accomplishing institutional goals in the treatment or programming need area(s).

(b) The following numbers shall indicate progress levels for the resident’s rank of T-5:

(1) A rating of 4 for when the institutional requirements are not in progress or less than halfway completed;

(2) A rating of 3 for when all institutional requirements are in progress and are halfway or more completed;

(3) A rating of 2 for when all but institutional requirements are met but community-based treatment or programming has not been identified or followed through on; or

(4) A rating of 1 for when all institutional requirements are met and community-based treatment or programming has been identified such as receiving a letter from a sponsor or agency stating that they will be providing community treatment.

(1) A rating of “A” for drug or alcohol use disorder or addiction;

(2) A rating of “S” for sexual offender treatment; and

(3) A rating of “DV” for domestic violence.

(d) T residents shall require and shall have treatment or programming within the institution, and shall be referred for continued treatment or programming after release.

(e) T residents shall be assessed to determine treatment or programming needs as referred by clinical, custody, or classification staff.

(f) T residents shall be permitted to voluntarily participate in treatment or programming.

(g) T residents shall be permitted to voluntarily participate in treatment or programming when resources are available.

(h) Results of these assessments shall be documented in the resident’s client record.

Source. (See Revision Notes #1 and #2 at chapter heading for Cor 400) #12777, eff 5-11-19

Cor 406.07 Educational, Vocational, and Work Skills Assessment. All incoming residents shall be interviewed by education staff which shall include:

(a) A review of existing educational records;

(b) A collection of self-reported work history and experience data; and

Source. (See Revision Notes #1 and #2 at chapter heading for Cor 400) #12777, eff 5-11-19

PART 407 CLASSIFICATION PROCESS

Cor 407.01 Classification Evaluations.

(a) There shall be 3 formal classification evaluations within each facility as follows:

(1) The initial classification evaluation which shall be completed within 30 days of a resident arriving at a facility pursuant to Cor 407.04;

(2) The administrative classification evaluation which shall be completed within 30 days of a resident being removed from general population and placed on special status in accordance with Cor 410.04(f); and

(3) The unit classification evaluation which shall be completed at the unit level to determine the progress or needs of the resident in accordance with Cor 407.10.

(b) The initial classification staff member shall make recommendations to the administrator of classification and client records, relative to the initial classification and the re-entry plan of the resident. The initial classification evaluation shall be facilitated by a bureau of classification and client records staff member and the results documented in the electronic client record.

(c) The administrative classification board shall review the circumstances surrounding placement of the resident in special status pursuant to Cor 410 and make recommendations to the administrator of classification and client records for resolving the status.

(d) The administrative classification board shall be comprised of:

(1) The sending unit supervisor or designee who shall be the board chair; and

(2) At a minimum, one other member.

(e) The unit classification board shall review the progress of the resident and make reclassification recommendations to the administrator of classification and client records.

(f) The unit classification board shall be comprised of:

(1) The unit supervisor or designee who shall be the board chair; and

(2) The case manager of the resident.

Source. (See Revision Notes #1 and #2 at chapter heading for Cor 400) #12777, eff 5-11-19

Cor 407.02 Notification of Classification Evaluation.

(a) Residents shall be given 48 hours’ notice of an evaluation.

(b) The 48 hours’ notice may be waived by the resident.

(d) Refusal to attend the yearly evaluation shall not result in disciplinary action against the resident.

(e) If the resident refuses to attend, the evaluation shall be completed, and a note shall be made, in the electronic client documenting the refusal.

Source. (See Revision Notes #1 and #2 at chapter heading for Cor 400) #12777, eff 5-11-19

Cor 407.03 Notification of Classification Evaluation Form.

(a) The notice of classification evaluation shall be paper or electronic.

(b) Staff shall supply the following on the notice:

(1) Name of person scheduling the evaluation;

(2) Date of the scheduling notice;

(3) Name of the resident;

(4) Booking number;

(5) Date of the evaluation; and

(6) Reason for the evaluation, either:

a. To review work performance, disciplinary record, and programming progress of the resident; or

b. To review the circumstances of the resident being placed in administrative review status.

(1) The resident’s desire to be present and to participate in the evaluation;

(2) The resident’s desire not to be present at the evaluation;

(3) The resident’s desire to exercise their right to a 48-hour notice of the evaluation; or

(4) The resident’s desire to waive their 48-hour notice of the evaluation.

(d) The resident shall sign the “Notification of Classification Evaluation” form and note:

(1) The date the notice was received, and;

(2) The time the notice was received.

(e) If the resident refuses to sign the completed form, there shall be no consequence to him or her. The form shall simply be processed through appropriate channels, with a notation that the resident has refused to sign it.

(f) Opening of the electronic notice shall serve as proof that the notice was received.

Source. (See Revision Notes #1 and #2 at chapter heading for Cor 400) #12777, eff 5-11-19

Cor 407.04 Initial Classification Evaluation.

(a) The initial classification evaluation shall be facilitated by a classification staff member.

(b) The participation of the resident shall be mandatory.

(1) Review and discuss the assessments and re-entry plan of the resident; and

(2) For a resident with victim notification requirements, inform the victim services coordinator when the board recommends assignment to a prison at a location other than the facility in which the resident was received.

(d) The resident shall sign the re-entry plan.

(e) If the resident refuses to sign the completed plan, there shall be no consequence to him or her. The plan shall simply be processed through appropriate channels, with a notation that the resident has refused to sign it.

(f) After the initial housing assignment is made under Cor 404.01, the classification staff member shall:

(1) Recommend assignment to various programs within the available resources based upon the re-entry plan of the resident; and

(2) Make a recommendation for a job assignment based upon the needs of the institution and the needs and skills of the resident.

(g) Job assignment shall be mandatory unless the facility’s medical department certifies that the resident is medically precluded from working pursuant to Cor 406.04.

(h) Residents shall complete all necessary programs before being considered for movement forward in custody levels including reduced custody programs.

(i) The resident shall upon successful completion of any program inform his or her case manager so that appropriate documentation can be made on the re-entry plan.

(j) Modifications to re-entry plans shall be made as follows:

(1) Additions to, deletions from, or changes in an approved plan, after plan implementation, to modify certain component and program areas to better meet the needs of the resident shall be based on factual, objective documentation, such as notification to client records of active detainers, warrants, or known pending charges, receipt of negative background information, minor or major disciplinary reports, written documentation of behavioral health or changes in behavioral health status, or drug, alcohol, or sexual offender needs; and

(2) These changes shall only be made by the classification staff after consultation with appropriate staff. Program needs that were not originally diagnosed during the orientation period of the resident shall be sufficient justification to make modifications to a plan.

(k) The classification staff member or designee of each facility shall inform the victim services coordinator, upon completing classification evaluations for residents who have victim or witness notification requests, when residents are being considered for the following custody changes:

(1) From medium custody C-3 to minimum custody C-2;

(2) From minimum custody C-2 status to work release or administrative home confinement C-1 status;

(3) From C-1 or C-2 to any higher custody status;

(4) Transfer to another in-state facility;

(5) Transfer to or from a county house of correction; and

(6) Transfer to or from an out-of-state prison.

(l) When there is an escape from custody from any department facility, the shift commander’s office shall determine if there is an obligation to notify a victim or agency and notify the victim services coordinator accordingly.

Source. (See Revision Notes #1 and #2 at chapter heading for Cor 400) #12777, eff 5-11-19

Cor 407.05 Housing Assignment.

(a) Housing assignments shall be determined by the overall classification score of the resident.

(b) The public risk rating shall be determined pursuant to Cor 406.02.

(d) Residents shall not be assigned a classification score lower than C-3 if:

(1) He or she is sentenced to life without parole; or

(2) He or she has a public risk score of 5 which signifies he or she is an extreme public risk.

(e) Death sentence residents shall:

(1) Not be assigned a custody level lower than C-5 at initial classification;

(2) Not be eligible for re-classification to a custody level lower than C-5 and thus not be subject to re-classification hearings; and

(3) Be afforded all the same access to programs, recreation, and other services as afforded to other C-5 residents.

(f) If a resident has an initial classification score of C-2 or lower, the classification staff shall, after the re-entry plan is complete, recommend to the administrator of classification and client records, direct placement to a housing unit designated for C-2 residents.

(g) In order to provide the consistency that is desired from this objective classification system, the classification staff shall use all the available information to make the appropriate initial housing designation to avoid frequent changes. In cases where the records of the residents are missing information upon which to classify him or her to their least restrictive custody status pursuant to Cor 403.01(c)(2), as well as maintain the appropriate security level, the residents shall be assigned to the unit that provides the most suitable security according to the information available. Upon receipt of additional information that indicates a review in custody status is necessary, a rehearing shall be scheduled within 30 business days of receipt of the additional information.

(h) The department approved Prison Rape Elimination Act (PREA) assessment shall be completed within 72 hours of the arrival of a resident at a departmental facility to determine the cell, pod, and tier assignment for each resident assigned to its unit. A PREA assessment as described within 28CFR§115.41 shall be utilized to determine type and compatibility for housing assignments within a designated living unit. Thereafter, PREA assessments of the resident shall be updated at a minimum of once a year.

Source. (See Revision Notes #1 and #2 at chapter heading for Cor 400) #12777, eff 5-11-19

Cor 407.06 Documentation and Processing of Individual Re-entry Plans.

(a) Upon completion of assessments, data shall be assessed and compiled by the classification staff member for the purpose of developing the resident re-entry plan. Program and treatment needs shall be determined and defined by behavioral health, medical, educational, vocational, and relevant program staff.

(b) The classification staff member or designee shall write the re-entry plan.

(1) Programs;

(2) Goals;

(3) Objectives; and

(4) Electives.

(d) The completed plan shall be signed by the resident and the classification staff member.

(e) The completed plan shall then be forwarded to the administrator of classification and client records for review.

(f) If the administrator of classification and client records considers the plan not to be relevant to the program needs of the resident in accordance with the assigned classification needs scores, it shall be returned to the author of the plan for further review or clarification.

(g) Pre-trial detainees, immigration detainees, and federal detainees shall not have re-entry plans developed due to their un-sentenced status but shall be assigned an initial classification score at the time of their initial classification evaluation which shall govern their custody level, housing assignment, and work assignment throughout their stay unless their sentencing status changes.

(h) Residents who transferred from other jurisdictions to serve their sentence shall have a re-entry plan developed following the same procedures as sentenced New Hampshire residents but all decisions involved in this plan that require approval by the sending jurisdiction shall be subject to such approval before any change in status is made.

(i) The commissioner shall remove any resident from any approved plan, at any level of custody, at any time if in his or her opinion the placement might jeopardize the safety, security, or the orderly operation of the institution staff, other residents, or the public.

(j) The re-entry plan for the resident shall be a recommended course of action and shall not be binding on the department to grant movement forward in custody levels, recommend parole, or special alternative programs.

(k) The classification staff member shall date and sign the “Initial Classification Evaluation and Re-entry Planning” form.

(l) The resident shall date and sign the “Initial Classification Evaluation and Re-entry Planning” form.

(m) If the resident refuses to sign the completed form, there shall be no consequence to him or her. The form shall simply be processed through appropriate channels, with a notation that the resident has refused to sign it.

Source. (See Revision Notes #1 and #2 at chapter heading for Cor 400) #12777, eff 5-11-19

Cor 407.07 Initial Classification Evaluation and Re-entry Planning Form.

(a) The classification staff shall complete and submit the “Initial Classification and Re-entry Planning Form” (Rev 08/2018).

(b) Notice that the commissioner has the authority to remove any resident from any approved plan, at any level of custody, at any time if in his or her opinion the placement might jeopardize the safety, security, or the orderly operation of the institution.

(c) Notice that the re-entry plan for the resident is a recommended course of action and shall not be binding on the department to grant movement forward in custody levels, recommend parole or special alternative programs.

(d) The “Initial Classification Evaluation and Re-entry Planning Form” shall be processed pursuant to Cor 407.06(k)(l)(m) above.

Source. (See Revision Notes #1 and #2 at chapter heading for Cor 400) #12777, eff 5-11-19

Cor 407.08 Notification to Residents of Classification Results and Re-entry Plan. The classification staff member shall notify the resident of the initial classification results and re-entry plan on the “Initial Classification Evaluation and Re-entry Planning” form within 30 days of the evaluation.

Source. (See Revision Notes #1 and #2 at chapter heading for Cor 400) #12777, eff 5-11-19

Cor 407.09 Appeal of Classification Evaluation Decisions.

(a) A resident may appeal the classification evaluation results to the administrator of classification and client records by completing and submitting a “Request Slip” form pursuant to Cor 312 within 15 days of receipt of the results.

(b) If the appeal is denied, the resident may bring a further appeal to the commissioner by completing and submitting a “Request Slip” form pursuant to Cor 312.

(c) The resident shall not appeal to the commissioner until receiving a response from the administrator of classification and client records.

(d) The commissioner's decision shall be final.

Source. (See Revision Notes #1 and #2 at chapter heading for Cor 400) #12777, eff 5-11-19

Cor 407.10 Unit Classification Evaluations.

(a) Residents housed out-of-state or in other facilities shall be subject to the classification procedures of that institution. That institution shall submit the proposed classification for approval by the New Hampshire department of corrections. The department shall approve the recommended classification if the resident would qualify for the classification pursuant to Cor 400. The department shall deny the proposed classification if requirements set forth within Cor 400 are not met. Classification evaluations for state residents housed at county facilities shall be done telephonically or electronically.

(b) Each resident residing in a departmental facility shall attend a unit classification evaluation at least on an annual basis.

(c) For other than annual unit classification evaluations, residents residing in a departmental facility shall be requested to attend unit classification evaluations. After notification, if the resident chooses not to participate, the resident shall notify the unit supervisor in writing.

(d) A recommendation for an unscheduled reclassification evaluation shall be made for a resident by the unit supervisor of the housing unit of the resident or by the classification staff in cases where new information is obtained or in cases where the behavior of the resident, either positive or negative, warrants earlier consideration.

(e) The schedule for standard reviews for reclassification shall be as follows:

(1) C-5 residents assigned to the special housing unit shall be reviewed every 3 months by the unit team, except for death sentence residents per Cor 407.05(e), and:

a. The warden shall review every case in which a resident has resided in the special housing unit in excess of 3 consecutive months;

b. The commissioner shall review every case in which a resident has resided in the special housing unit in excess of 6 consecutive months;

c. A new case management plan shall be required as follows each time a C-5 resident is evaluated after the first 6 months and:

1. The case management plan shall specifically state what the resident must do to be reclassified to a lower custody and a timeframe for such re-evaluation; and

2. A copy of the plan shall be given to the resident; and

d. The warden shall be notified each time a resident is moved into or out of the special housing unit;

(2) C-4 residents shall be reviewed every 6 months, or earlier, if considered appropriate, pursuant to (f), below, by the unit team or the classification staff, and:

a. C-4 residents accepted into a therapeutic community shall receive a classification override of one step to C-3 custody in order to fully participate in the curriculum; and

b. Therapeutic community staff shall evaluate the custody level of all residents and facilitate a classification evaluation to determine the current needs of all residents leaving the therapeutic community;

(3) C-3 residents shall be reviewed every 6 months, or earlier, if considered appropriate, pursuant to (f) below, by the unit supervisor or the classification staff, for those residents with less than 3 years to their minimum parole date, except for those with a consecutive sentence to serve;

(4) C-3 residents shall be reviewed every year, or earlier, if considered appropriate, pursuant to (f) below, by the unit supervisor or the classification staff, for those residents with more than 3 years to their minimum parole date or who have a consecutive sentence to serve;

(5) C-2 residents shall be reviewed every 6 months, or earlier, if considered appropriate, pursuant to (f), below, by the unit supervisor or the classification staff, for those residents with less than 3 years to their minimum parole date, except for those with a consecutive sentence to serve; and

(6) C-1 residents shall not be reviewed unless:

a. They are charged with a major disciplinary infraction;

b. They are charged with multiple minor disciplinary infractions; or

c. They are having difficulty adjusting to living and working in the community.

(f) Reviews for reclassification shall be held earlier than the schedule in (e), above, based upon, but not limited to, the following:

(1) Changes in the disciplinary record of the resident;

(2) Court orders;

(3) Changes in the sentence of the resident;

(4) New sentences;

(5) Changes in the physical health of the resident; and

(6) Changes in the behavioral health of the resident.

(g) The case manager of the resident shall automatically schedule the resident for reviews in accordance with the time frames above and notify the resident that a unit classification evaluation has been scheduled. Residents who believe they have legitimate reasons for an earlier review may request review consideration to the unit supervisor via a “Request Slip” form pursuant to Cor 312.

(h) It shall be the case manager’s responsibility one week prior to the unit evaluation to have the re-entry plan of the resident updated and available for review at the unit classification evaluation. No reclassification reconsideration shall be made without written documentation for review at the unit classification evaluation. It shall be the responsibility of the resident to inform the case manager of completion of any program so appropriate notations can be made on the plan.

Source. (See Revision Notes #1 and #2 at chapter heading for Cor 400) #12777, eff 5-11-19

Cor 407.11 Notification of Unit Classification Evaluation. The resident shall receive notification pursuant to Cor 407.02.

Source. (See Revision Notes #1 and #2 at chapter heading for Cor 400) #12777, eff 5-11-19

Cor 407.12 Documentation and processing of Individual Re-entry Plans. The unit classification evaluation shall be documented pursuant to Cor 407.06.

Source. (See Revision Notes #1 and #2 at chapter heading for Cor 400) #12777, eff 5-11-19

Cor 407.13 Unit Classification Evaluation and Re-entry Planning Form.

(a) The unit evaluation board chair shall supply the following information on the “Unit Classification Evaluation and Re-entry Planning Form”:

(1) Name of the resident;

(2) Booking number;

(3) Housing unit;

(4) AHC eligibility;

(5) The resident’s desire to pursue AHC;

(6) The resident’s non-desire to pursue AHC;

(7) Whether the decision to pursue AHC is not applicable;

(8) Any pending legal issues or amendments including but not limited to:

a. Detainers; and

b. Consecutive sentences;

(9) Escape history to include but not be limited to:

a. Dates;

b. Location; and

c. A summary of the event(s);

(10) Notation of any specific public risks or concerns;

(11) Whether victim notification is required;

(12) Whether approval from the sentencing judge or jurisdiction is required;

(13) The resident’s disciplinary history for the past year;

(14) The resident’s needs, including but not limited to:

a. Sexual offender evaluation & treatment as directed;

b. Substance use disorder evaluation and treatment as directed;

c. Academic skills;

d. Vocational skills;

e. Self-help;

f. Transitional housing; or

g. Community based treatment;

(15) Whether the needs in (14) above are:

a. Court recommended;

b. Court ordered;

c. Department recommended; or

d. Department required;

(16) Custody level recommendation of either:

a. C-5;

b. C-4;

c. C-3;

d. C-2; or

e. C-1;

(17) Housing recommendation of either:

a. NH state prison for men;

b. Northern NH correctional facility;

c. NH correctional facility for women;

d. Transitional work center;

e. Transitional housing unit;

f. Out-of-state; or

g. County placement;

(18) Time frame for next review, either:

a. Of 30 days;

b. Of 60 days;

c. Of 90 days;

d. Of 120 days;

e. Of 6 months;

f. Of 1 year; or

g. Other;

(19) Document that the 48-hour notice of evaluation was:

a. Received;

b. Not received; or

c. Waived; and

(20) Documentation whether the resident:

a. Was present at the evaluation;

b. Was not present at the evaluation; or

c. Waived his or her right to be present at the evaluation.

(b) The resident shall sign the completed evaluation from.

(c) If the resident refuses to sign the completed evaluation form, there shall be no consequences to him or her. The form shall simply be processed through the appropriate channels with a notation that the resident has refused to sign it.

(d) The completed form shall be forwarded to the classification staff office.

(e) Classification staff shall review the forwarded form for completeness and correctness.

(f) Incomplete or incorrect forms shall be returned to the evaluator board chair as determined in Cor 407.01(d)(1) for correction.

(g) For completed and correct forms, the classification staff shall either:

(1) Approve the evaluation if the resident is found to be compliant with Cor 400; or

(2) Deny the evaluation if the resident is found to be noncompliant with Cor 400.

(h) Classification staff shall document the reason for denial in the comments section.

(i) The administrator of classification and client records shall approve or deny any classification evaluation where movement to or from the special housing unit, or the special management unit is recommended by the evaluation board. The administrator shall document the reason for the approval or denial in the comments section, and sign the completed evaluation form.

(j) The commissioner or designee shall approve or deny any recommended change in custody of two steps or more in any direction based on the totality of the situation and requirements set forth within Cor 400, and sign the completed evaluation form.

(k) The final decision reached shall be noted on the completed evaluation form and shall include;

(1) Custody level;

(2) Housing assignment; and

(3) Review time.

(l) Notice that the commissioner has the authority to remove any resident from any approved plan, at any level of custody, at any time if in his or her opinion the placement might jeopardize the safety, security, or the orderly operation of the institution shall be preprinted on the form.

(m) Notice that the re-entry plan for the resident is a recommended course of action and shall not be binding on the department to grant movement forward in custody levels, recommend parole, or special alternative programs shall be pre-printed on the form.

Source. (See Revision Notes #1 and #2 at chapter heading for Cor 400) #12777, eff 5-11-19

Cor 407.14 Notification to Residents of Classification and Re-entry Plan Recommendations. The classification staff shall notify the resident in writing of the classification evaluation results on the “Unit Classification Evaluation and Re-entry Planning” form via unit staff.

Source. (See Revision Notes #1 and #2 at chapter heading for Cor 400) #12777, eff 5-11-19

Cor 407.15 Appeal of Classification and Re-entry Planning Recommendations. The classification evaluation recommendations may be appealed pursuant to Cor 407.09, above.

Source. (See Revision Notes #1 and #2 at chapter heading for Cor 400) #12777, eff 5-11-19

Cor 407.16 Administrative Classification Changes. The administrator of classification and client records shall override the overall classification score by one level in either direction if in his or her opinion the placement might jeopardize the safety, security, or the orderly operation of the institution or public safety. When the administrator of classification and client records overrides the classification score in a manner which causes a resident to either remain in or transfer to a more restrictive status than the resident would be entitled to under the normal operation of the classification system, the resident may request, via a “Request Slip” form pursuant to Cor 312, a written explanation of the facts relied upon and the basis for override.

Source. (See Revision Notes #1 and #2 at chapter heading for Cor 400) #12777, eff 5-11-19

PART Cor 408 REDUCED CUSTODY PROGRAMS

Cor 408.01 Levels of Reduced Custody.

(a) There shall be a reduced custody program for residents who do not require higher levels of custody and for those who require gradual reintegration back into society thereby providing the best possible method of both protecting society and providing a chance for rehabilitation through a supervised and meaningful process.

(b) The reduced custody programs shall consist of:

(1) Administrative home confinement (AHC)

(2) Transitional work centers (TWC); and

(3) Transitional housing units (THU).

(1) They are within 14 months of the end of their minimum sentence; and

(2) Have served a minimum of 90 days at a state prison facility, unless the department authorized housing the resident in another secure facility, not including county pre-trial time, or the release is for participation in an educational program.

(d) Residents shall not be eligible to apply for AHC if:

(1) They have been convicted of one or more of the following offense(s):

a. Capitol, first degree, or second degree murder;

b. Attempted murder;

c. Manslaughter;

d. Aggravated felonious sexual assault, felonious sexual assault, sexual assault, or failure to register or duty to report pursuant to RSA 651-B;

e. First degree assault;

f. Class B assault by prisoner;

g. Robbery; or

h. Escape;

(2) They have 2 or more DUIs within the past 5 years from the date sentenced to prison; or

(3) They have any AHC revocations in the past 3 years.

(e) Residents shall receive orientation on the AHC program at their initial classification evaluation and by unit correctional case managers as residents approach the window of opportunity for application. The program and application process shall be fully explained to appropriate residents at those times.

(f) Residents that are within 24 months of their minimum parole date shall be eligible for a TWC.

(g) Residents shall be eligible for placement at a TWC within 36 months of their minimum parole date, when authorized by the commissioner or commissioner’s designee, if it is determined that there are extenuating circumstances that shall include, but not be limited to, accident, injury, illness, death of a family member, or other circumstance beyond the resident’s control. Operational needs of a facility will also be considered, and shall include but not be limited to, housing availability, program availability, resident, staff, and public safety. This will be approved only after a review of public risk in accordance with Cor 406.02.

(h) Residents within 12 months of their minimum parole date shall be eligible for a THU.

(i) THUs shall be outside a main prison facility’s grounds, and resident job assignments shall be in the community.

(j) If a resident has not yet reached his or her minimum parole date, the sentencing judge shall be notified and given a 10-day opportunity to object to the resident being assigned to work release before placement into the work release program.

(k) If the sentencing judge objects, pursuant to (j) above, the resident shall not move until he or she has reached his or her minimum parole date.

(l) C-2 residents shall be placed at THUs to serve as:

(1) Trustee cooks;

(2) Central office workers; and

(3) Maintenance workers.

(m) C-2 residents shall remain in the THUs except when accompanied elsewhere by staff.

(n) A resident who is sentenced to the New Hampshire department of corrections who has treatment or program recommendations by the court noted on his or her MITTIMUS or triggered during the assessment process shall have a referral to determine the level of care or service needed prior to being considered for reduced custody.

(o) A resident that is deemed high risk or requires a higher level of treatment or programming shall successfully complete required programming before being considered for any level of reduced custody.

(p) Requests for exception shall be addressed to the administrator of classification and client records and shall be triaged through the director of security and training, the facility warden or director, administrator of classification and client records, and the commissioner as a group.

Source. (See Revision Notes #1 and #2 at chapter heading for Cor 400) #12777, eff 5-11-19

Cor 408.02 Gaining Reduced Custody.

(a) Requirements for gaining reduced custody shall be as follows:

(1) Major, A level, disciplinary violation free for a 60-day period prior to applying;

(2) Minor, B level, disciplinary violation free for a 30-day period prior to applying;

(3) Minor, C level, disciplinary violation infractions shall be discretionary at time of unit reclassification hearing;

(4) All required programs shall have been completed unless the program is available in reduced custody;

(5) Approved reduced custody residents shall be housed in secure facilities until the completion of required programs if the required programs are not available in reduced custody; and

(6) Classification score based on the public risk and institutional risk ratings shall be at the appropriate level.

Source. (See Revision Notes #1 and #2 at chapter heading for Cor 400) #12777, eff 5-11-19

Cor 408.03 Restrictions on Gaining Reduced Custody.

(a) A residents serving a sentence for escape or attempted escape from a non-secure facility over 3 years ago, or default, bail jumping, being a fugitive from justice, or escape during an arrest process shall not be eligible until on or after their minimum parole date.

(b) A residents serving a sentence for escape or attempted escape from a non-secure facility less than 3 years ago, or absconding, default, bail jumping, being a fugitive from justice shall not be eligible for reduced custody.

(c) A residents serving a sentence for escape from a secure facility shall not be eligible for reduced custody until on or after their minimum parole date and only if he or she has completed all required programs or has a verifiable plan for completing required programs while in custody, and:

(1) He or she is “A” and “B” level disciplinary violation infraction free for the past 365 days; or

(2) He or she obtains the written approval from the commissioner of corrections or his or her designee utilizing a resident “Request Slip” form as defined in Cor 312, whereas upon receipt, the commissioner or designee shall validate there are no extenuating circumstances which may preclude the resident from approval. Extenuating circumstances shall include, but not be limited to evidence that approval may jeopardize public safety or the welfare of the resident or he or she does not qualify as described within Cor 400.

(d) A resident who has a warrant(s), detainer(s), active indictment(s), known pending charge(s), or consecutive sentence(s) shall be eligible for reduced custody if:

(1) He or she has completed all required programs or has a verifiable plan for completing required programs while in custody; and

(2) He or she has obtained permission from the entity with jurisdiction over the warrant(s), detainer(s), indictment(s), pending charge(s), or consecutive charge(s).

(e) Residents who have other sentences that are longer or consecutive to their New Hampshire sentence shall be disqualified for reduced custody unless approval is granted by the other authority.

Source. (See Revision Notes #1 and #2 at chapter heading for Cor 400) #12777, eff 5-11-19

Cor 408.04 Maintaining Reduced Custody. While assigned to minimum custody status, a resident shall remain disciplinary report free. If a resident receives a disciplinary report, he or she is subject to removal from the reduced custody program and returned to a secure facility PAR, depending on the severity of the rule violation and the potential risk to staff, residents, and the public

Source. (See Revision Notes #1 and #2 at chapter heading for Cor 400) #12777, eff 5-11-19

Cor 408.05 Regaining Reduced Custody Status.

(a) A resident who is returned from reduced custody status for disciplinary reasons shall be subject to disciplinary action.

(b) If the resident is found guilty at a disciplinary hearing, a classification evaluation shall be conducted to determine whether this infraction is cause to change the resident’s custody level.

(c) If the resident’s custody level recommendation remains C-1 or C-2 that resident shall be returned to the reduced custody program:

(1) 30 days after pleading guilty to or being found guilty of a minor, B-level, offense; or

(2) 60 days after pleading guilty to or being found guilty of a major, A-level, offense.

(d) Residents may be returned to reduced custody sooner with extenuating circumstances that shall include, but not be limited to, accident, injury, illness, death of a family member, or other circumstance beyond the resident’s control. Operational needs of a facility shall also be considered, and shall include but not be limited to, housing availability, program availability, resident, staff and public safety. This shall be approved only after a review of public risk in accordance with Cor 406.02 and if approved by the administrator of classification and client records.

(e) If the resident is found not guilty of the offense they shall be returned to the previous custody at the first available bed.

(f) When a resident is reclassified to C-3 or higher custody level, from either C-2 or C-1 level, he or she shall return to the higher custody level and shall not be eligible for reduced custody until their next regularly scheduled classification evaluation, unless there is a change in his or her status that warrants earlier review. If the resident is again recommended for reduced custody at that time he or she shall be placed on the appropriate waiting list and shall move as bed space becomes available.

(g) Disputes resulting from removal from reduced custody shall be settled using the grievance process pursuant to Cor 313.

Source. (See Revision Notes #1 and #2 at chapter heading for Cor 400) #12777, eff 5-11-19

PART Cor 409 JOB ASSIGNMENTS AND CHANGES

Cor 409.01 Job Assignments.

(a) Residents shall be assigned to a work or training program unless medically unable to participate.

(b) Residents who by virtue of age, physical incapacity, or mental incapacity cannot work shall not be required to work but such residents shall have the opportunity to participate in vocational training, education, and recreation programs commensurate with their physical or mental ability. Classification staff shall remove such a resident from a job and place the resident in non-working status on a permanent basis, only after staff from the division of medical and forensic services provide classification staff with information substantiating the medical or behavioral capacity issues warranting such decision.

(1) Classification evaluations;

(2) A “Job Change Request Form” completed and approved by the classification staff during one of the quarterly job fairs; or

(3) A “Job Change Request Form” approved by classification staff based on institutional needs.

(d) Assignment to a specific job shall be based on the following:

(1) Classification score of the resident;

(2) Needs of the institution; and

(3) Needs and skills of the resident.

(e) Available areas of work and training shall be as follows:

(1) Correctional industries;

(2) Custodial assignments;

(3) Service related jobs in the kitchen, laundry, warehouse, or maintenance department;

(4) Vocational training;

(5) Education; and

(6) Reduced custody programs.

(f) Job fairs shall be held at each prison facility on a quarterly basis within each calendar year in order to present potential employment opportunities to residents. This process shall allow residents to request a change in their current job assignment without going through formal classification hearings for those jobs that do not affect their overall classification scores. Those residents not wishing, or not being recommended, to stay in their present assignment shall attend the job fair to seek other employment.

(g) To seek a job change the resident shall complete a “Job Change Request Form” pursuant to Cor 409.03, below.

(h) No staff member shall sign-off a job change request to any state certified vocational training program unless it has been verified that the resident has:

(1) Achieved a minimum grade level of 7.5 in reading and math on the tests of adult basic education (TABE);

(2) Earned a verified high school diploma or high school equivalency certificate; or

(3) Successfully completed all pre-requisite courses.

(i) The classification staff shall reassign residents to any job that needs to be done at a departmental facility.

(j) The resident may appeal the decision for an unrequested job change on a “Request Slip” form pursuant to Cor 312, to the classification staff stating the reasons for his or her disagreement. If the classification staff upholds the job change, an appeal may be made to the administrator of classification and client records on a “Request Slip” form, pursuant to Cor 312.

(k) Residents who work in the health services center or who may be exposed to infectious diseases or blood borne pathogens in their work assignment shall be required to attend infection control training.

Source. (See Revision Notes #1 and #2 at chapter heading for Cor 400) #12777, eff 5-11-19; ss by #12886, eff 9-28-19

Cor 409.02 Security Sensitive Work Assignments.

(a) Each facility shall identify work areas that are security sensitive due to posing potential risks to institutional security.

(b) Residents shall be in C-3 classification for a minimum of 120 days before applying for a security sensitive position.

(c) Residents in C-2 classification and being housed in C-2 housing shall be permitted to apply for security sensitive positions without a waiting period.

(d) Residents being assigned to security sensitive work areas shall require the approval of the facility chief of security or designee. Approval shall be based on the following criteria to include, but not be limited to, disciplinary infraction history, staff input as well as safety for the resident, staff, and the public including the ability to maintain institutional security.

(e) Residents who have one or more of the following shall not be permitted to work in security sensitive areas without the approval of the warden, who shall take into consideration all criteria identified in Cor 409.02(d) above:

(1) Possession of escape implements within the last 5 years;

(2) Possession of drugs with the intent to distribute or possession of weapons within the last 2 years;

(3) Positive drug screen within the past 1 year; or

(4) Major disciplinary infraction within the past 60 days

Source. (See Revision Notes #1 and #2 at chapter heading for Cor 400) #12777, eff 5-11-19

Cor 409.03 Job Change Request Form.

(a) The following shall be the 2 types of job-change request forms:

(1) The “Job Change Request Form”; and

(2) The “Transitional Work Center Job Change Request” form.

(b) A resident shall be permitted to request a job change at any time.

(1) Date, name, and identification number;

(2) Current housing unit;

(3) Present job;

(4) Proposed job;

(5) Reasons for the request; and

(6) Experience in requested area applied for.

(d) The resident shall present the form to his or her present job supervisor.

(e) The present job supervisor of the resident shall supply on the form comments on the job performance and behavior on the job of the resident.

(f) The present job supervisor shall then:

(1) Sign and date the form; and

(2) Forward the form to the proposed job supervisor.

(g) The proposed job supervisor shall supply on the form comments as to whether there is a position available for the resident.

(h) The proposed job supervisor shall then:

(1) Sign and date the form; and

(2) Return the form to the resident’s unit supervisor.

(i) The unit supervisor shall supply on the form the following information:

(1) Comments on the proposed job change to include any information which may preclude the resident from working within the newly requested position, to include but not limited to, recent disciplinary infractions, safety concerns for residents, staff, and the public; and

(2) Whether the job change request is approved. Approval shall be based on whether the opportunity would be beneficial to the resident and the institution, and if the resident meets the requirements for the desired position.

(j) The unit supervisor shall then sign and date the form and forward the form to classification staff.

(k) The classification staff upon receipt of the form shall supply the following on the form:

(1) Comments on the proposed job change, taking into consideration all information provided within the “Job Change Request” form by staff and if staff, institutional security, or the public safety could be jeopardized, or approving the job would invalidate the re-entry plan of the resident; and

(2) Whether the job change request is approved or denied which shall be based on the review of all compiled information collected and contained within the “Job Change Request” form, including but not limited to staff comments and observations, as well as documented disciplinary infraction history, as well as benefits to the resident and the institution.

(l) Job change requests which are recommended by the current and prospective employer shall be approved unless during the review by classification staff there is evidence that approving the change would put resident, staff, institutional security, or the public in jeopardy, or approving the job would invalidate the re-entry plan of the resident.

(m) The classification officer shall then:

(1) Sign and date the form; and

(2) Forward copies of the form to the following:

a. The resident;

b. The present job supervisor;

c. The proposed job supervisor;

d. The unit supervisor; and

e. Client records.

(n) The resident shall begin work at the new job within 90-days.

Source. (See Revision Notes #1 and #2 at chapter heading for Cor 400) #12777, eff 5-11-19

Cor 409.04 Reduced Pay Status.

(a) If a resident is to be fired from his or her assigned job for cause, he or she shall not be terminated until his or her right to due process is exercised.

(b) A resident found guilty of a disciplinary infraction involving the work or program assignment shall be placed on “reduced pay status (RPS)” by the appropriate work site supervisor using the “Placement on Reduced Pay or No Job Available Status” Form.

(c) Residents placed on RPS for disciplinary reasons may appeal the assignment to the warden or director’s designee using a “Request Slip” form as described in Cor 312.

(d) Residents placed on RPS shall not be assigned another job until 90 days has lapsed from the date of placement in RPS status.

(e) Residents who are on RPS shall remain in their housing area except when they are directed by a staff member to be elsewhere.

(f) If availability exists, and the housing unit and program area staff authorize, residents on RPS may participate in education and programs and shall be paid RPS wages.

(g) Residents under 21 years of age who are receiving special education services shall continue to attend classes when on RPS.

(g) If a resident’s job performance is not satisfactory through no fault of his or her own, the supervisor shall document this, stating the reasons on the “Placement on Reduced Pay or No Job Available Status Form” and noting that no disciplinary action needs to be taken. Copies shall be forwarded to the classification office, the resident, and the unit security representative, within 24 hours. Classification staff shall enter this information into the CORIS, and the resident shall be able to seek other employment.

(h) Residents placed in NJA status may get another job assignment once a completed job change request has been approved by classification staff for the specific facility.

(i) Residents unable to continue in his or her current job due to a medical condition and who have been provided with a medical lay-in pass shall be reassigned a medical lay-in job code.

Source. (See Revision Notes #1 and #2 at chapter heading for Cor 400) #12777, eff 5-11-19

Cor 409.05 No Job Available Status. Residents shall be assigned to the NJA status when:

(a) He or she is newly incarcerated and is in the orientation period; or

(b) His or her work performance at an assigned job is substandard through no fault of his or her own.

Source. (See Revision Notes #1 and #2 at chapter heading for Cor 400) #12777, eff 5-11-19

Cor 409.06 Placement on Reduced Pay or No Job Available Status Form. The “Placement on Reduced Pay or No Job Available Status” form shall contain the following:

(a) The resident’s name;

(b) The resident’s ID number;

(d) The resident’s job assignment and shift;

(e) Whether the placement is in:

(1) (RPS); or

(2) (NJA) Status.

(f) The specific reason for the placement;

(g) The staff member’s name; and the date.

Source. (See Revision Notes #1 and #2 at chapter heading for Cor 400) #12777, eff 5-11-19

Cor 409.07 Job Assignment Suspension.

(a) Residents shall be suspended from his or her work assignment without pay during the disciplinary and due process procedures utilizing the “Individual Job Assignment Suspension Form”, if it is determined there is a threat to institutional security, the safety of residents, staff or the public.

(b) Residents suspended without pay that are found not guilty of the charges used to suspend them shall be reimbursed all missed pay while suspended.

(c) Residents removed from his or her work assignment administratively pursuant to (409.06) above shall be paid at the standard NJA status pay-rate, and permitted to pursue employment in other areas.

(d) Residents may appeal their administrative removal from an assigned job to the warden or director on a “Request Slip” form as defined in Cor 312.

Source. (See Revision Notes #1 and #2 at chapter heading for Cor 400) #12777, eff 5-11-19

Cor 409.08 Individual Job Assignment Suspension Form. The “Individual Job Assignment Suspension Form” shall contain the following:

(a) The resident’s name;

(b) The resident’s ID number;

(d) The pending disciplinary infractions;

(e) The suspension effective date;

(f) The resident’s work site and shift;

(g) The worksite supervisor’s printed name and signature;

(h) Notification to the resident of either:

(1) “You have pled guilty to or been found guilty of the disciplinary infraction(s) referenced in (4) above. You are hereby placed in RPS effective (date). All movement and employment restrictions apply pursuant to Cor 409.05 (e)”; or

(2) “You have been found not-guilty of the disciplinary infraction referenced in (4) above. You will report back to your work-site effective (date)”; or

(3) The form shall contain the following language for notification:

“Although you have not been found guilty of a disciplinary infraction, you are being removed from your work assignment permanently per documented unusual circumstances, confidential intelligence information, or first-hand knowledge of individual misbehavior”.

(i) The removal in (h)(3) above shall require the approval of the facilities chief of security or higher authority.

Source. (See Revision Notes #1 and #2 at chapter heading for Cor 400) #12777, eff 5-11-19

PART Cor 410 SPECIAL STATUSES

Cor 410.01 Protective Custody.

(a) The department shall provide a protective custody status for those residents that face a verifiable danger of being physically harmed by another resident.

(b) Protective custody may be sought by a resident. The resident shall demonstrate during an administrative review evaluation that he or she faces danger of being physically harmed by describing the nature of the harm and identifying the residents who has threatened him or her.

(c) Residents in quarantine status shall make a request for consideration for protective custody to the unit supervisor. These requests can be made verbally, by the resident to a staff member, or in writing to a staff member, no special form shall be required. The approving unit supervisor shall schedule that resident for a protective custody review evaluation.

(d) If a resident housed in general population has a rational fear for his or her safety, he or she shall report his or her concern to a staff member who shall notify the shift supervisor.

(e) The shift supervisor shall immediately place the resident in PAR status pending protective custody (PC) review pursuant to Cor 410.04 below. A report shall be completed and distributed to the shift commander, the unit supervisor of the housing area of the resident, and the classification staff before the end of the shift supervisor's tour of duty that day.

(f) The approving unit supervisor shall advise the case manager of the resident requesting protective custody. The case manager shall attempt to mediate the issue and resolve it. If the case manager is unable to mitigate the problem, the case manager shall notify the approving unit supervisor, and document the attempted mitigation in the resident’s record, and a PC evaluation will be scheduled.

(g) The approving unit supervisor shall schedule a protective custody review evaluation for those residents deemed as requiring one, if one has not yet been scheduled. The resident shall be notified 24 hours in advance of the PC review evaluation. The resident may waive this notice.

(h) The protective custody evaluation board shall consist of:

(1) The shift commander or designated shift supervisor;

(2) A member of the department’s investigation bureau, who shall be the evaluation board chair; and

(3) The approving unit’s supervisor or designee.

(i) A resident shall request in writing if he or she chooses to preclude a specific staff member, or officer from attending the evaluation. In addition, any witnesses, questions, or evidence to be presented during the evaluation, by the resident, shall be requested in writing as soon as possible, but no later than 12 hours prior to the start of the evaluation. Requests shall be submitted on a “Request Slip” form as defined in Cor 312, to the unit supervisor or case counselor or case manager of the resident only.

(j) A resident may object to the presence of a particular officer on the evaluation review board based on a disciplinary infraction involving the officer and the resident, which occurred within 3 months immediately preceding the evaluation. Requests shall be completed as described within (i) above.

(k) The evaluation review board in reaching its decision, shall consider the following to determine if a feasible, verifiable threat of bodily harm exists and would jeopardize the safety of the resident:

(1) What is in the best interest of the health, welfare, and safety of the other resident’s;

(2) All evidence relevant to the request of the resident to be placed in, or to remain in, protective custody status;

(3) Any alleged conflict the resident might have with other residents currently confined in the institution;

(4) Whether the resident currently would be in any danger, should the resident be returned to general population; and

(5) Whether the resident being evaluated specified a verifiable danger and named the resident or residents who he or she feared would cause him or her physical harm.

(l) A resident shall not be refused protective custody status or removed from such status based on disciplinary reasons, or reasons unrelated to the resident or of other residents in that status.

(m) The residents shall have a right to appear at his or her evaluation, testify, call witnesses, and present relevant evidence as directed in (i) above. However, the protective custody review board chair as identified in (h)(2) above, shall exclude any witness called by a resident from testifying if the presence of that witness at the evaluation might pose a danger to prison security, or the safety of the resident, or the testimony of the witness is irrelevant or cumulative. In no event shall the board chair require a resident to offer evidence that would incriminate himself or herself.

(n) The chair of the review board as identified in (h)(2) above, shall issue a written recommendation to the administrator of classification and client records. He or she shall make the final decision which shall be based upon, whether evidence exists that a feasible, verifiable threat of bodily harm is present and would jeopardize the safety of the resident. All evaluation documentation, which shall include the board's reported observations and the facts relied upon by the board, in arriving at such conclusions, shall be considered by the administrator of classification and client records when reaching his or her final decision.

(o) If protective custody status is recommended, the board shall recommend a housing placement based on the nature of the threat to the resident, and the resident shall:

(1) Remain in or be returned to the same or another housing unit in general population;

(2) Be transferred out of state;

(3) Be transferred to a county facility; or

(4) Be transferred to a different departmental facility.

(p) Verbal notification shall be provided to the resident by unit staff. Due to the potential danger to the resident involved by possessing protective custody documents, written notification shall be provided to the resident of the administrator of classification and client records final decision only if requested by the resident.

(q) If the resident is dissatisfied with the decision of the review board he or she may, within 7 days, appeal to the administrator of classification and client records on a “Request Slip” form as defined in Cor 312, stating the reasons why this status should be granted or revoked. During the pendency of the appeal the resident shall remain in PAR status.

Source. (See Revision Notes #1 and #2 at chapter heading for Cor 400) #12777, eff 5-11-19

Cor 410.02 Secure Psychiatric Unit (SPU) Assignments.

(a) A resident shall be a candidate for transfer to the (SPU) if the resident is:

(1) Classified at level BH-5, a behavioral health score of 5, and is a danger to self or others;

(2) Observed by a behavioral health clinician engaging in behavior that would qualify the resident for reclassification to level BH-5 and is dangerous to self or others;

(3) Certified by a psychiatric provider as needing management or treatment in a secure psychiatric facility; or

(4) Ordered transferred by the superior court of the sentencing jurisdiction.

(b) If a court order is issued, delivery of a copy of the order to the administrator of SPU shall initiate the transfer.

(c) Whenever any of the necessary criteria listed in section (a), above are met, the administrator of the behavioral health unit or designee, in consultation with the administrator of SPU, shall initiate proceedings by completing and submitting to the SPU a “Transfer of a Person Under Departmental Control to the Secure Psychiatric Unit for Behavioral Health Treatment Services Pursuant to RSA 623:1” form, (Rev. 02/2018).

(d) The completed transfer form shall be forwarded to the SPU prior to the transfer of the resident so that admission arrangements can be made.

(e) If a person in the custody of the commissioner needs emergency treatment and requires immediate transfer to the SPU, the due process review shall occur within 24 hours following the transfer, and shall be executed as outlined within Cor 504.07.

(f) A resident who agrees to be transferred to the SPU shall sign the form in (c) above.

Source. (See Revision Notes #1 and #2 at chapter heading for Cor 400) #12777, eff 5-11-19

Cor 410.03 Pending Administrative Review (PAR).

(a) “Pending administrative review (PAR)” as defined within Cor 101.18, shall allow investigation of various issues as delineated in (e), below.

(b) PAR shall be imposed on a resident when circumstances arise involving the resident that might place the safety, security, and orderly operation of the facility in jeopardy or for any other valid penological purpose. It shall be imposed only for the minimum amount of time necessary when the continued presence of the resident in the reduced custody or general population presents a clear danger to himself, herself, others, or facility safety.

(c) When a resident is involved in an incident that threatens institutional security, staff, or other residents, and, in the opinion of the on-duty shift supervisor, it is necessary that he or she be placed in PAR status to prevent further incidents, or because of the seriousness of the incident, the shift supervisor shall advise the resident of the imposition of PAR status and have him or her moved to the housing unit designated for that purpose.

(d) The responsible officer shall prepare a “Pending Administrative Review Notification and Review Form”, pursuant to Cor 410.05, below, forward it to the shift supervisor, and file a report for investigation and distribution before going off duty. The shift supervisor shall sign the form, ensure a copy is delivered to the resident, and forward copies to the investigations bureau, the classification and client records office. The “Pending Administrative Review Notification and Review” form shall indicate to the resident that a written appeal of this status may be made on a “Request Slip” form as defined in Cor 312, to the warden within 48 hours.

(e) The various categories of administrative review shall be designated as follows in Table 410-1, Administrative Review Designation:

Table 410-1 Administrative Review Designation

Category	Designation
Administrative	Administrative Review-Pending Reclassification
Investigation	Administrative Review-Pending Investigation
Protective Custody	Administrative Review-Pending PC Review
Behavioral Health	Administrative Review-Pending Behavioral Health Review
Reclassification based on Discipline	Administrative Review-Pending Reclassification
Transfer	Administrative Review-Pending Transfer

(f) The sending unit staff shall schedule an administrative review evaluation within 7 days.

(g) If there is no change in the PAR status of the resident, a meeting every 7 days thereafter shall be scheduled and:

(1) The resident shall be present at every 7-day meeting and shall be given the opportunity to speak at the meeting;

(2) The 7-day meetings shall be documented on the PAR form; and

(3) If the PAR status is not resolved the reviewer shall note the specific reason why not on the form.

(h) The weekly meetings shall not be administrative review evaluations, but shall be administrative meetings.

(i) When the PAR status is resolved, or it is determined that it cannot be resolved, an administrative review evaluation shall be scheduled.

(j) Except for extenuating circumstances and with the approval of the administrator of classification and client records, PAR status shall be cleared in no more than 30 days.

(k) For residents with victim notification required, the classification staff or designee shall inform the victim services coordinator when the board recommends reclassification to a higher custody level, reclassified to minimum custody, work release, AHC, or reclassified to any custody level inside the secure perimeter.

(l) The administrative review evaluation shall review the facts and circumstances regarding the imposition of PAR and shall recommend to the administrator of classification and client records that the resident be released from PAR or recommend the continuation of PAR until such time as a disciplinary hearing can be scheduled. If the administrative review evaluation concludes that the return of the resident to the prison population would not pose a clear danger to institutional security, or to the well-being of the resident, the board shall recommend to the administrator of classification and client records that the resident be released from PAR status. If the board determines that release of the resident from secure housing would pose a clear threat to him or her, others, or to institutional security, it shall recommend the resident be retained in secure housing pending a re-classification evaluation.

(m) The administrator of classification and client records shall approve all recommendations unless the administrator of classification and client records can articulate a reason why approving the recommendation would create a threat to institutional security, staff, or other residents.

(n) Residents retained in PAR shall be reviewed by the sending unit supervisor or designee at 7-day intervals and shall be advised of the reason for any delay in obtaining a hearing or recommended action, as well as the approximate date by which they can expect the action to be completed.

(o) Residents in PAR shall have the same cell furnishings offered the other residents in the same housing unit unless reduction or restriction of certain items are necessary to maintain security control or to prevent the resident from harming themselves or others.

(p) Residents retained under this rule in PAR status shall be afforded the same recreation, work, education, and other activities as are other residents in the same housing unit unless security of the institution mandates otherwise.

Source. (See Revision Notes #1 and #2 at chapter heading for Cor 400) #12777, eff 5-11-19

Cor 410.04 Pending Administrative Review Notification and Review Form.

(a) The officer who is placing a resident in PAR status shall supply the following on the “Pending Administrative Review Notification and Review” form:

(1) The date;

(2) The name and identification number of the resident;

(3) The officer’s name; and

(4) The PAR category as described in Cor 410.04 above, in which the resident is being placed.

(b) The officer shall sign the “Pending Administrative Review Notification and Review” form.

(c) The officer who delivers the “Pending Administrative Review Notification and Review” form to the resident shall supply the following on the “Pending Administrative Review Notification and Review” form:

(1) His or her name; and

(2) The delivery date.

Source. (See Revision Notes #1 and #2 at chapter heading for Cor 400) #12777, eff 5-11-19

Cor 410.05 Notice of Evaluation Form. Resident shall be notified of the administrative review evaluation pursuant to Cor 407.03.

Source. (See Revision Notes #1 and #2 at chapter heading for Cor 400) #12777, eff 5-11-19

Cor 410.06 Administrative Review Evaluation Form.

(a) The “Administrative Review Evaluation” form shall be used by classification staff to document evaluations for residents placed in administrative review status.

(b) The “Administrative Review Evaluation” form shall contain:

(1) The name of the resident;

(2) The booking number of the resident;

(3) The names of board members;

(4) The sending facility and unit;

(5) The current facility and unit;

(6) The reason for placement in administrative review status;

(7) Documentation of 24-hour notice being:

a. Received;

b. Not received; or

c. Waived;

(8) Documentation of the resident being:

a. Present;

b. Absent; or

c. Attendance being waived;

(9) A summary of the evaluation;

(10) Documentation of witness statements being attached if applicable:

(11) The custody level recommendation of either:

a. C-1;

b. C-2;

c. C-3;

d. C- 4; or

e. C-5;

(12) A housing recommendation of either:

a. NH state prison for men;

b. Northern NH correctional facility;

c. NH correctional facility for women;

d. Transitional work center;

e. Transitional housing unit;

f. Out-of-state; or

g. County placement;

(13) The specific unit, county, or state, if applicable;

(14) A notation of any escape history;

(15) A notation of any public risk concerns;

(16) Whether victim notification is required;

(17) The board chair’s signature;

(18) The warden or director’s approval or denial;

(19) The reason for denial if applicable;

(20) The facility warden’s signature if the review was protective custody related;

(21) The commissioner’s approval or denial if the result is a 2-step change in the resident’s classification status;

(22) The final decision of the resident’s:

a. Classification;

b. Housing; and

c. Time to next review;

(23) Instructions on how to appeal the decision; and

(24) Notice that the commissioner has the authorization to remove any resident from any approved plan, at any custody level, at any time if in his or her opinion the placement might jeopardize the safety, security, or orderly operation of any departmental facility.

Source. (See Revision Notes #1 and #2 at chapter heading for Cor 400) #12777, eff 5-11-19

Cor 410.07 Medical Segregation.

(a) Medical segregation shall be imposed only by a doctor, licensed provider, or advance practice registered nurse, hereinafter called the medical authority, who upon examination of the resident has determined that it is necessary to separate him or her from the general population because the resident might be contagious or a threat to his or her self or others because of his or her medical or mental condition.

(b) Medical segregation shall be imposed only for as long as necessary to resolve the medical or psychiatric concern. It shall occur in any housing facility within the institution consistent with security requirements, and the medical needs of the resident as determined by the medical authority. Items available to the resident in the housing location shall be limited or restricted by the medical authorities if necessary, pursuant to (g) below.

(c) Residents in medical segregation shall be restricted from work or participating in recreation by the medical authority if necessary, pursuant to (g) below. In each case the limitations associated with that condition shall be specified and shall become part of the treatment folder health record of the resident.

(d) Residents held in medical segregation for psychological reasons shall visit with the psychiatric providers or behavioral health counselor as determined by the medical authority. Such visits shall be for the purpose of monitoring or checking the resident, providing therapy and treatment, and determining on a regular basis whether the status should continue. That determination shall be made by the medical authority based on the authority's own examination and reports from the healthcare staff.

(e) Upon initial examination and during the period of medical segregation, the medical authority shall determine whether referrals or transfers should be made to other facilities or medical or psychiatric personnel.

(f) The medical authority shall keep medical records regarding imposition of the status, including recording the reasons for imposition of the status and what referrals, if any, to outside facilities were sought. The medical condition shall be regularly reviewed to insure that segregation is imposed only for the period absolutely required for valid medical and psychiatric reasons. The medical authority and the behavioral health staff or healthcare staff shall on a regular basis keep progress notes and indicate the reason for continuation of the status in the health record of the resident.

(g) A resident placed in medical segregation shall retain all rights and privileges in consonance with the custody level of the resident including all personal property and participation in programs, unless the medical authority determines in his or her opinion that the exercise of a particular right or privilege by the resident might jeopardize the medical treatment that he or she is undergoing, in which case the medical authority shall prescribe in writing a partial or total curtailment of such rights and privileges.

Source. (See Revision Notes #1 and #2 at chapter heading for Cor 400) #12777, eff 5-11-19

Cor 410.08 Disciplinary Confinement of a Resident to Cell (DCC).

(a) Disciplinary Confinement of a Resident to Cell (DCC), shall be imposed on a resident by the disciplinary board as punishment for a specific disciplinary infraction after he or she has been afforded a due process hearing pursuant to Cor 311.

(b) DCC, shall be imposed for up to 15 days at a time with a 24-hour break between any consecutive impositions.

(1) Be visited by a member of the medical or behavioral health staff on a daily basis to determine whether he or she has any medical complaints;

(2) Receive one hour out of cell, 7 days a week;

(3) Have the opportunity to shower on a daily basis;

(4) Have the opportunity for issue and exchange of clothing, bedding, linen, and laundry at least 3 times a week;

(5) Be provided the same opportunities for the writing and receipt of letters available to general population residents. In addition, writing implements and paper shall be supplied to residents in DCC upon request;

(6) Be restricted to only placing telephone calls to their attorney of record, New Hampshire Legal Assistance, and family members during a verified family crisis;

(7) Have access to counseling services, social service, religious guidance, and commissary purchased personal hygiene toiletries;

(8) Be provided access to reading materials. Soft cover books shall be requested only from the chaplain or tier officer. Personal magazines and newspapers shall be held in property until the punitive time is completed; and

(9) Only receive visits from their attorney of record, New Hampshire Legal Assistance, and family members during a verified family crisis. These visits shall be scheduled and facilitated through the unit supervisor or designee.

Source. (See Revision Notes #1 and #2 at chapter heading for Cor 400) #12777, eff 5-11-19

Cor 410.09 Temporary Confinement of a Resident to Cell (TCC).

(a) When a resident becomes so hostile or agitated that opening the cell door might result in a violent incident, he or she shall be temporarily confined to his or her cell (TCC).

(b) The shift supervisor shall be notified immediately of the TCC.

(1) Speak with the resident in an attempt to resolve the situation;

(2) Review the situation, including talking with any witnesses;

(3) Advise the warden or chief of security if the situation is not resolved within 2 hours; and

(4) Call a behavioral health worker if needed.

(d) If the TCC continues beyond one day, the warden or director shall evaluate whether the circumstances outlined in (a) above continue to be present and make a decision thereupon each day whether to continue the status.

(e) A classification evaluation shall be convened within 3 days if the behavior of the resident does not allow him or her to be released from the cell by that time.

(f) Use of TCC shall be documented in an incident report. Any limitations on property shall be documented and justified on the TCC log and no property or furnishing shall be removed unless the resident is destroying property, attempts to set fire to those items, is assaultive, or self-destructive. The clothes of the resident shall not to be removed unless absolutely necessary. The underwear of the resident shall not to be removed unless the warden or designee finds that in light of the condition of the resident the underwear might be used by the resident to harm himself or herself or others. Any limitations on clothing shall be documented and justified on the TCC log.

(g) No resident shall be placed in a cell bare of any furnishings without an immediate referral and evaluation by behavioral health, and the condition shall continue only so long as is necessary.

(h) Residents in temporary cell confinement shall not be let out of their cells for the ordinary recreation, showers, or other activities enjoyed by residents who are compliant. Since this status poses a serious hardship on a resident, it shall continue only for the period of time necessary to insure the safety of the resident or others.

Source. (See Revision Notes #1 and #2 at chapter heading for Cor 400) #12777, eff 5-11-19

PART Cor 411 WORK RELEASE

Cor 411.01 Work Release Program Purpose. The work release program shall provide a structured community-based opportunity for eligible residents to reintegrate into the community by obtaining employment and other approved rehabilitative activity while residing in a departmental transitional housing unit. Residents participating in the program shall be assisted in a graduated program of lessening restrictions as they demonstrate increasing social responsibility.

Source. (See Revision Note #3 at chapter heading for Cor 400) #12887, eff 9-29-19

Cor 411.02 Work Release Program Description. The program shall provide guidance and jurisdiction over the resident while assisting them in completion of their program. Residents in the program shall be assigned to a departmental transitional housing unit, taking into consideration availability of employment, educational opportunities, public safety, public acceptance, and the desires of the resident.

Source. (See Revision Note #3 at chapter heading for Cor 400) #12887, eff 9-29-19

Cor 411.03 Eligible Entrants.

(a) Residents eligible for entry into the work release program shall include those who meet the following criteria:

(1) The resident shall be within 12 months of parole of serving the resident’s last sentence;

(2) If detainers or warrants have been lodged, the resident may seek approval through the administrator of inmate classification and client records;

(3) The administrator of classification and client records after reviewing the detainers and warrants, and considering any perceived risk to the public, shall base his or her decision upon:

a. The seriousness of the underlying offenses;

b. The resident’s institutional record;

c. The resident’s criminal history;

d. Any unpaid fines, restitution or both;

e. Warrants issued as a condition of parole; and

f. The originator of the warrant does not seek extradition.

(4) The resident shall not have been found guilty of any departmental disciplinary actions for the past 60 days where prison privileges could have been curtailed as a sanction;

(5) The resident shall possess sufficient funds in his or her account to cover initial expenses associated with participation in the program as determined by the department.

Source. (See Revision Note #3 at chapter heading for Cor 400) #12887, eff 9-29-19

Cor 411.04 Eligible Entrants from Sources Other Than Prison.

(a) Parolees shall be eligible to participate in the program under such conditions as the adult parole board shall prescribe for them.

(b) Residents committed or transferred to the secure psychiatric unit shall be eligible to participate in departmental work-release programs if consistent with the resident’s treatment plan and program space availability. However, residents who object and who do not have a state prison sentence shall not be placed in work release programs.

Source. (See Revision Note #3 at chapter heading for Cor 400) #12887, eff 9-29-19

Cor 411.05 Residents Required to Follow Rules. Residents at transitional housing units shall follow the rules and orders provided by the staff. Any failure to follow rules and orders shall result in the resident being removed from the program.

Source. (See Revision Note #3 at chapter heading for Cor 400) #12887, eff 9-29-19

Cor 411.06 Disposition of Resident Funds.

(a) Each resident at a transitional housing unit shall have a limit placed on the amount of money at his or her disposal, limited as follows:

(1) Phase 1 $20.00 per week;

(2) Phase 2 $40.00 per week;

(3) Phase 3 $50.00 per week; and

(4) Phase 4 $60.00 per week.

(b) Residents shall surrender to the designated staff member all funds received by them or credited to their account pursuant to RSA 651:25.

(c) A designated staff member shall assist the resident in developing a budget, and approve disposition of the funds, including payments for:

(1) Room and board in the specified amount;

(2) Transportation fees;

(3) Medical, dental, and prescription costs;

(4) Court ordered restitution or fees and child support as ordered;

(5) Family support;

(6) Personal expenses in approved amounts;

(7) Savings; and

(8) Other expenses as ordered by the courts or regulatory agency having such powers.

(d) Additional funds may be requested for necessary purchases such as child-care expenses or tools for work.

(e) Under no circumstances shall residents have money not accounted for in their budget.

(f) Unaccounted for funds shall be confiscated, and presented as evidence at a disciplinary hearing, as follows:

(1) Persons found not guilty of possessing unaccounted for funds shall have the funds returned to them.

(2) Persons found guilty of possessing unaccounted for funds shall be sanctioned in accordance with departmental policy and procedure directive 5.25.

Source. (See Revision Note #3 at chapter heading for Cor 400) #12887, eff 9-29-19

Cor 411.07 Approved Absences from Transitional Housing Units.

(a) Upon application, and with a concurring recommendation from the resident’s case manager, and the program manager of the transitional housing unit absences shall be approved from the unit for any resident who meets the following criteria:

(1) The resident shall be serving the last 90 days of his or her last sentence;

(2) The resident shall be physically and mentally capable of conducting himself or herself in a law-abiding manner and can be without escort or supervision without putting either the public or property at risk;

(3) The resident has demonstrated through institutional behavior a level of responsibility which provides reasonable assurance he or she will fully comply with the requirements of the approved absence and will not jeopardize the safety of persons or property; and

(4) The purpose of the approved absence shall be to:

a. Visit immediate family, including:

1. Father, either natural, adoptive, or step;

2. Mother, either natural, adoptive, or step;

3. Brother, either natural, adoptive, or step;

4. Sister, either natural, adoptive, or step;

5. Wife;

6. Husband;

7. Children, either natural, adoptive, or step;

8. Legal civil union partners; or

9. Grandchildren.

b. Attend the funeral of immediate family, as described in a. above;

c. Obtain medical treatment as prescribed by an appropriate medical authority; or

d. For attendance at specific community activities, including:

1. Religious;

2. Educational;

3. Vocational;

4. Social;

5. Civic; or

6. Recreational activities.

Source. (See Revision Note #3 at chapter heading for Cor 400) #12887, eff 9-29-19

Cor 411.08 Removal from the Program.

(a) Work release status shall not be considered a right, but shall be a privilege. Any resident shall be removed from the program any time the commissioner believes or has reason to believe the peace, safety, welfare, or security of the community or any person will be endangered by the person on work release status.

(b) Residents so removed shall be returned to a more secure correctional setting.

(d) A resident who is placed in escape status at a transitional housing unit shall upon return to custody be returned to a New Hampshire state prison and not returned to the transitional housing unit, at least until the incident is resolved.

Source. (See Revision Note #3 at chapter heading for Cor 400) #12887, eff 9-29-19

PART Cor 412 NON-GOVERNMENTAL PERSONNEL ACCESS TO RESIDENT NON-MEDICAL RECORDS

Cor 412.01 Permission for Release of Information. Residents shall complete and sign a “Release of Information Form” (revised 5/2019) as referenced in Cor 412.03 prior to the release of information from their non-medical client records. A copy of the completed form shall be maintained in the client record. The release shall expire 6 months from the date of issue.

Source. #13082, eff 8-6-20

Cor 412.02 Copies of Official Records.

(a) Attorneys, excluding the department of justice, insurance companies, employers, or other individuals shall submit a completed and original “Release of Information” form as described in Cor 412.03 signed by the resident along with prepayment for requested copies.

(b) After review of a paper record, a count of the total pages to be copied and the cost of producing said materials shall be determined. The estimated printing costs shall include the per page cost as well as the total cost for reproduction, and shall be sent to the requesting party for pre-payment.

(c) Costs for printed materials shall be determined by the commissioner, or his or her designee and printing costs shall be calculated by considering current market prices associated with producing such documents.

(d) Should the requesting party request an electronic copy, the requesting party shall be charged a flat fee of $10 for records stored in the ECR and the EDSA. This fee shall cover the cost of the medium, mailer, postage, and review of the Release of Information form to determine which parts of the record shall be released. A copy of the bill shall also be sent to Department financial services.

(e) Pursuant to RSA 560:22 and RSA 332-I:13,when there is no estate administration, the surviving spouse or next of kin shall have access to copies of the deceased resident’s record upon providing proof of the requestor’s identity unless the record indicates that the individual shall not have access to those records. Copying fees shall be applied as stated in (b) and (c) above.

(f) Upon receipt of the appropriate fees, financial services shall notify the office of client records that payment was received. The office of client records shall make and forward the requested copies.

Source. #13082, eff 8-6-20

Cor 412.03 Release of Information Form.

(a) The “Release of Information Form” (5/2019 edition) shall be completed by the resident and shall contain:

(1) The resident’s name, ID number, and date of birth;

(2) The expiration date of the form;

(3) The resident’s signature; and

(4) The signature of a witness to the resident signing the form.

(b) The form shall identify:

(1) The name of person who is authorized to review the file;

(2) The name of the organization the person in (1) above represents; and

(3) The specific record(s) in the resident’s non-medical electronic record(s) the person shall examine and discuss.

(d) The resident shall sign the completed form to consent to the following:

(1) “I understand that these records are confidential and will not be released unless I sign this Release of Information Form”; and

(2) “I further understand that this consent to release information may be revoked in writing by me at any time”.

Source. #13082, eff 8-6-20

CHAPTER Cor 500 STANDARDS FOR HEALTH, MEDICAL, AND BEHAVIORAL HEALTH CARE IN CORRECTIONS FACILITIES

Revision Note:

Document #12793, effective 5-25-19, readopted with amendments and renumbered Part Cor 303, titled “Standards for Health and Medical Care in Corrections Facilities”, as Part Cor 501 and Cor 502 in a new Chapter Cor 500, titled “Standards for Health, Medical, and Behavioral Health Care in Corrections Facilities.” Document #12793 also adopted Part Cor 503 titled “Medical and Psychiatric Emergencies” and readopted with amendments and renumbered Part Cor 304, titled “Standards for Treatment at the Secure Psychiatric Unit,” as Part Cor 504. Document #12793 readopted with amendments and renumbered Cor 302.03, titled “Diagnosis, Counseling, and Therapy”, as Cor 505.01 in Part Cor 505 titled “Behavioral Health Services”, with the exception of Cor 302.03(i), which was readopted with amendments and renumbered as Cor 505.02 titled “Sexual Offender Administration”. Document #12793 adopted Cor 505.03 through Cor 505.07.

Document #12793 replaces all prior filings for the former rules Cor 302.03, Cor 303, and Cor 304. The prior filings affecting the former rules Cor 302.03, Cor 303, and Cor 304 include the following documents:

#7448, eff 2-6-01

#9383, INTERIM, eff 2-3-09

#9508, eff 7-8-09, EXPIRED 7-8-17

#12396, INTERIM, eff 9-29-17

#12502, eff 3-23-18

PART Cor 501 MEDICAL AND FORENSICS.

Cor 501.01 Purpose. The purpose of these rules is to define the circumstances in which, and mechanisms by which, involuntary emergency treatment, seclusion, or restraint can be provided for adult residents in correctional settings. These emergency interventions are designed to be effective, safe, and time-limited and utilized only after all less restrictive options have been exhausted.

Source. (See Revision Note at chapter heading for Cor 500) #12793, eff 5-25-19

Cor 501.02 Definitions.

(a) "Administrator" means the non-medical administrator of the secure psychiatric unit (SPU) or, in the absence of the administrator, the designee in charge of the facility.

(b) “Administrative review committee (ARC)” means a committee comprised of administrators from the division of medical and forensic services assigned by the director of medical and forensic services as a risk management and clinical review committee of the treatment rendered to residents who have committed sexually-related offenses or have a documented sexually violent history.

(c) “Advance practice registered nurse (APRN)” means an advanced practice registered nurse licensed by the board of nursing who is certified as a psychiatric behavioral health nurse practitioner by a board-recognized national certifying body.

(d) “Behavioral contract” means a document that addresses current negative behaviors which are preventing a resident from being successful in a program or treatment, and that contains an agreement to ensure that the resident is made aware of concerns and how the resident and treatment provider can work together to resolve barriers to treatment.

(e) “CMS regional office” means the office of the U.S. Department of Health and Human Services, Branch Chief, Survey and Enforcement Branch, Centers for Medicare & Medicaid Services, Room 2275, John F. Kennedy Federal Building, Boston, Massachusetts 02203.

(f) “Completion without full application” means that the sexual offender treatment participant is not consistently demonstrating use of the tools and concepts learned in treatment and is not consistently demonstrating the application of interventions necessary for full completion.

(g) “Correctional Offender Record Information System (CORIS)” means the resident’s official electronic record.

(h) “Cycle of offending” means an individual model which graphically demonstrates early antecedents in a person’s sexual offending behavior.

(i) “Department” means the department of corrections.

(j) "Emergency" means the physical or behavioral status of a resident that, if not treated promptly, will likely result in substantial harm to the resident or others.

(k) “Facility” means New Hampshire state prison for men, New Hampshire correctional facility for women, northern New Hampshire correctional facility, the residential treatment unit, and the SPU.

(l) “Female sexual offender treatment services” means treatment for females that have sexually related charges unique to the needs and differing typologies of the female offender.

(m) “Individual” means a person receiving services from a facility.

(n) “Individual treatment plan (ITP)” means a documented plan that describes the resident’s condition and procedures that will be needed, detailing the treatment to be provided, expected outcomes, and expected duration of the treatment outlined by the treating clinician and with the resident’s feedback.

(o) “Informed decision” means a choice made voluntarily by an individual or applicant for services or, where appropriate, such person's legal guardian, or durable power of attorney after all relevant information necessary to making the choice has been provided, when:

(1) The person understands that he or she is free to choose or refuse any available alternative;

(2) The person clearly indicates or expresses his or her choice; and

(3) The choice is free from all coercion.

(p) "Involuntary admission" means admission to the secure psychiatric unit pursuant to RSA 623:1.

(q) "Lack of capacity" means the inability of a person, after efforts have been made to explain the nature, effects, and risks of the proposed treatment and alternatives to the proposed treatment, to engage in a rational decision-making process regarding the proposed treatment as evidenced by his or her inability to weigh the nature, purpose, risks, and benefits of the proposed treatment and any available alternatives and the likely consequences of refusing treatment.

(r) “Licensed provider” means a provider licensed in the state of New Hampshire.

(s) “Maintenance contract” means a document created by residents in the sexual offender treatment programs to mitigate sexual re-offending. This is an agreement that is a work in progress during treatment and residents leave with a contract. This document includes the resident’s triggers, and his or her abilities to change thinking patterns, and ideas to keep him or her free from reoffending.

(t) "Medical emergency" means a physical condition of a patient which, if not treated, will result in an immediate, substantial, and progressive deterioration of a serious physical illness or injury.

(u) “Nursing staff” means a registered or licensed practical nurse or other care provider working under the direct supervision of a registered nurse.

(v) “Patient” means a person involuntarily admitted to the SPU by order of a probate court pursuant to RSA 623:1, or any other person admitted to the SPU.

(w) “Personal safety emergency” means a physical status, a behavioral status, or an act or pattern of behavior of an individual which, if not treated immediately, will result in serious physical harm to the individual or others.

(x) “Physician” means a medical doctor licensed in the state of New Hampshire who is employed by, consultant to, or otherwise under contract with the department.

(y) "Psychiatric emergency" means a condition of a patient, resulting from psychiatric illness, which, if not treated promptly, likely will result in either:

(1) Imminent danger of harm to the patient or others as evidenced by:

a. Symptoms that in the past have immediately preceded acts of harm to self or others; or

b. A recent overt act including, but not limited to, an assault or self-injurious behavior when the likelihood of preventing such harm would be substantially diminished if treatment is delayed; or

(2) Deterioration of the patient's psychiatric status from his or her usual behavioral status as manifested by exacerbation of psychiatric symptoms that potentially endanger self or others, or lead to severe self-neglect, or lead to a failure to function in a less restrictive environment when the likelihood of stabilizing and reversing such deterioration would be substantially diminished if treatment is delayed.

(z) “Resident” means any person housed in a department facility, work center, or transitional housing unit.

(aa) “Restraint” means a mechanical device, drug, or medication when it:

(1) Is used as a restriction to manage an individual’s behavior or restrict the individual’s freedom of movement;

(2) Is not a standard treatment or dosage for the individual’s condition, in order to modify a individual’s interaction with others to achieve the highest level of function; or

(3) Any manual method, physical or mechanical device, material, or equipment that immobilizes an individual or reduces the ability of an individual to move his or her arms, legs, head, or other body parts freely but does not include devices, such as orthopedically prescribed devices, surgical dressings or bandages, protective helmets, or other methods that involve the physical holding of an individual, if necessary, for the purpose of permitting the individual to participate in activities without the risk of physical harm.

(ab) “Safety booth” means an enclosure a resident is placed in, that allows the resident who is known to be assaultive towards others to have interpersonal interactions with other residents and to participate in group gatherings that include, but are not limited to, group therapy and educational classes.

(ac) “Seclusion” means the involuntary confinement of an individual who is 18 or older who:

(1) Is placed alone in a room or area from which the individual is physically prevented, by lock or person, from leaving; and

(2) Cannot or will not make an informed decision to agree to such confinement.

(ad) “Steering committee” means a group of participants that steers the direction of a unit or program. The committee works on projects such as the contract, agenda for monthly unit meeting and is the voice of the unit.

(ae) “Sexual offender treatment services (SOTS)” means treatment specifically established to create accountability and eliminate any further sexual victimization and sexually deviant behaviors.

(af) “Training” means provision of education to staff, based on the specific needs of the individual population, resulting in demonstrated knowledge and documented competency.

(ag) “Treatment” means medical or psychiatric care, excluding seclusion or restraint, provided by a physician, a person acting under the direction of a physician, or a clinician in accordance with generally accepted clinical and professional standards.

(ah) “Treatment team” means all the disciplines participating in the implementation and oversight of the individual treatment plan.

Source. (See Revision Note at chapter heading for Cor 500) #12793, eff 5-25-19; ss by #12888, eff 9-28-19

PART Cor 502 STANDARDS OF CARE

Cor 502.01 Health, and Medical Care in Departmental Facilities.

(a) Medical care shall be provided to residents at each departmental facility. Medical care shall include services providing for the person’s physical and behavioral well-being as well as treatment for specific diseases or infirmities.

(b) A physician licensed in New Hampshire by the board of medicine shall be designated the chief medical officer and shall be responsible for medical services and work cooperatively with the psychiatric medical doctor ensuring the provision of comprehensive healthcare.

(c) Residents arriving at a departmental facility shall receive a comprehensive medical examination within 14 days of arrival directed to the discovery of physical and behavioral health illness.

(d) Medical examinations shall include:

(1) Medical and behavioral health history;

(2) A physical examination;

(3) A dental examination;

(4) Diagnostic lab tests;

(5) Notation of apparent medical physical illnesses or accessibility issues;

(6) A determination of the physical ability of each resident for work; and

(7) A notation of referrals or recommended treatment for specific illnesses or accessibility issues.

(e) Based on the history and examination, a licensed medical provider shall prescribe any necessary treatment including referral or therapy.

(f) All medical services shall be performed by medical staff licensed in the State of New Hampshire under the general supervision of a licensed physician.

(g) The department shall include appropriately licensed medical staff to assure residents have full-time access to medical care. Medical care shall include provisions for the transfer of sick or injured residents to medical facilities as deemed medically necessary. Medical facilities shall include prison infirmaries and referrals to outside medical specialists, other licensed health care facilities, accredited hospitals, and the SPU.

(h) Medication shall be prescribed only by properly licensed physicians, physician assistants, or APRN providers. Such medications shall only be dispensed under the supervision of licensed pharmacists.

(i) Medications appropriately prescribed and dispensed as described above shall be administered in one of these methods:

(1) Self-administered by individuals;

(2) Self-administered by individuals under direct staff supervision; or

(3) Administered by medical staff.

(j) Medical records shall contain documentation concerning healthcare related encounters including, but not limited to, medical and behavioral health assessment and examinations, healthcare findings, and treatments.

(k) A routine sick call policy shall be established for each facility. Each resident shall be given an opportunity to request to report to sick call. When routine sick call is unavailable, or the resident is unable to personally transmit their medical concerns, corrections officers and other staff members shall transmit concerns to medical authorities. No one shall prevent residents from seeking medical help. Residents who, because of their custody or other status, are not able to visit the health services center to seek medical care on the schedule established, shall be visited in their cell or other convenient place by a medical professional who shall conduct an examination or perform any medical procedures as necessary. Documentation of medical concerns expressed and addressed shall be completed in the electronic health record.

(l) Medical personnel shall have available portable screens or other devices to insure adequate privacy during medical examinations and treatment. The medical services in-patient areas shall have a call system so that residents can summon medical help when they are confined in that facility. Nursing stations shall be so located that nurses can monitor the condition of the residents.

(m) Residents requiring monitoring shall be monitored by a trained individual. Residents housed in segregation or any other restricted status that prevents them from visiting sick call at the medical facility shall be visited at least once a day by a member of the medical staff. The chief medical officer shall report to the chief administrator of the facility or designee and the director of medical and forensic services or designee whenever the physical or behavioral health of a resident will be adversely affected by continued segregation or by any condition of confinement.

(n) The department shall ensure that there are written policies which detail the operations and procedures of departmental medical facilities, medical care, medical services, and medical treatment, and that they are reviewed at least 2 times each year, kept current, and followed.

Source. (See Revision Note at chapter heading for Cor 500) #12793, eff 5-25-19

Cor 502.02 Emergency Response to a Psychiatric Emergency.

(a) As soon as possible after a suspected psychiatric incident, the treatment staff of the facility and the resident shall develop a crisis plan to:

(1) Identify the resident’s preferred response to a psychiatric emergency situation in order to avoid more restrictive interventions;

(2) Identify the resident’s history of physical, sexual, or emotional trauma, if any; and

(3) Minimize the possibility of involuntary emergency measures.

(b) Involuntary emergency treatment, seclusion, or restraint in a facility shall not be implemented unless a physician or APRN determines that a personal safety emergency exists.

(c) A physician or APRN shall authorize involuntary emergency treatment, seclusion, or restraint without consent of the resident only following personal examination or observation, except as provided in Cor 502.03 or Cor 502.04.

(d) No involuntary emergency treatment shall be administered pursuant to Cor 502 unless it is to take effect within 24 hours and is expected to alleviate or ameliorate the status or condition which has caused the emergency.

(e) The emergency response that is administered pursuant to Cor 502 shall be an intervention that:

(1) Is expected to be effective;

(2) Considers whether any of the following factors regarding the resident’s condition would require special accommodation to ensure necessary communication and the individual’s safety:

a. Medical factors;

b. Psychological factors; and

c. Physical factors, including:

1. Blindness or other limitations of sight;

2. Deafness or other limitations of hearing; and

3. Any other physical limitation that would require special accommodation;

(3) Is the least restrictive of the resident’s freedom of movement; and

(4) Gives consideration to the resident’s preferred response to a psychiatric emergency situation.

(f) Involuntary emergency treatment, seclusion, or restraint ordered following a personal safety emergency shall be authorized for no more than is necessary, but in no case for more than 24 hours.

Source. (See Revision Note at chapter heading for Cor 500) #12793, eff 5-25-19

Cor 502.03 Medical Use of Restraints.

(a) An emergency response shall include use of restraints only to the extent authorized by this section

(b) Restraints shall:

(1) Not be imposed longer than is necessary to resolve a personal safety emergency regardless of the length of the time identified in the order; and

(2) Not exceed 2 hours unless there is documented authorization by a physician or APRN.

(c) Restraints shall be used only as a last resort when no other intervention in an emergency situation is feasible to protect the immediate safety of the resident or others.

(d) Restraints shall never be used explicitly or implicitly as punishment for the behavior of the resident.

(e) Residents in restraints shall be afforded privacy through practices including:

(1) The use of a single room;

(2) Minimizing external stimuli such as noise, nearby movement, and approaches by other residents; and

(3) Continuous staff observation to assure the conditions in (2) above are met.

(f) Authorization for the use of restraints shall be as follows:

(1) A physician or APRN may write an order for the use of restraints; or

(2) A physician or APRN may authorize the use of restraints via telephone when the order:

a. Follows deliberate and comprehensive consultation between the physician or APRN and a trained APRN or registered nurse (RN) who has personally evaluated the resident by reviewing:

1. The assessments of the resident that have been performed;

2. The safety issues involved; and

3. The potential antecedents to the restraint(s);

b. Is for a period not to exceed 2 hours; and

c. Is countersigned by the ordering physician or APRN within 24 hours of the time such treatment was ordered.

(g) A physician or APRN may authorize in writing, or verbally by telephone, the extension of an order of restraint(s) if he or she, or a trained APRN or registered nurse (RN), has personally examined, observed, and assessed the resident for whom the seclusion or restraint is ordered.

(h) Following an examination and assessment as required by (g) above such authorization shall expire unless it is renewed by telephone order for an additional 4 hours. Any further extensions of restraints shall require a personal examination or observation by a physician or APRN.

(i) If the condition of the resident does not improve to meet the criteria for termination, the physician or APRN may renew the order as specified in (h) above, provided that no resident shall remain in restraints for more than 24 hours from the time such procedure was initiated unless a physician or APRN personally examines, observes, and assesses the resident and renews the order in writing.

(j) Staff shall continually monitor the individual during periods of restraint to ensure that:

(1) In the judgment of the staff, all reasonable measures are in place to ensure that the resident’s health and safety is protected during the period of restraint;

(2) The resident receives meals and regular opportunities to move and to utilize the bathroom;

(3) All other basic physiological needs are identified and met; and

(4) The restraint is discontinued as soon as the resident’s status or condition has improved to the extent that a personal safety emergency no longer exists, regardless of the length of time identified in the order.

(k) Only during incidents requiring immediate action shall restraints be utilized without the authorization of a physician or APRN.

Source. (See Revision Note at chapter heading for Cor 500) #12793, eff 5-25-19

Cor 502.04 Emergency Medication and Other Emergency Treatment.

(a) A physician or APRN in a facility shall prescribe medication as a form of emergency treatment, to be administered without the resident’s consent at the time a personal safety emergency is declared. Such authorization shall be countersigned by the ordering physician or APRN within 24 hours of the order for involuntary administration of the medication.

(b) When emergency medication is ordered, the resident shall be offered, whenever feasible, a choice of taking the medication orally or by injection.

(c) Psychosurgery, electroconvulsive therapy, sterilization, or experimental treatment of any kind shall not be used as involuntary emergency treatment.

Source. (See Revision Note at chapter heading for Cor 500) #12793, eff 5-25-19

Cor 502.05 Review and Documentation of Emergency Response.

(a) At the time that any emergency treatment, seclusion, or restraint is administered in a facility pursuant to Cor 502.03, the physician or APRN administering or directing such treatment, or a person acting under his or her direction, shall promptly record the circumstances pertaining to the personal safety emergency.

(b) The person completing a record pursuant to (a) above shall include the following:

(1) The resident’s name;

(2) The date and time when the report is completed;

(3) The physician or APRN’s name;

(4) A description of the resident’s physical or behavioral status and the act or pattern of behavior which constitutes the emergency;

(5) The names of any witnesses other than the resident;

(6) A description of any alternatives attempted or considered prior to declaring a personal safety emergency;

(7) Any treatment limitations;

(8) A description of the specific emergency treatment, seclusion, or restraint ordered; and

(9) The physician’s or APRN’s signature.

(c) As soon as possible following an involuntary emergency treatment, seclusion, or restraint, facility medical or nursing staff, or both, shall document the incident in the resident’s medical record.

(d) As soon as possible following the resolution of the emergency situation, medical staff shall:

(1) Address any physical injuries or trauma that might have occurred as a result of the episode;

(2) Hold and document a discussion with the resident to:

a. Review the circumstances that led up to the emergency with the resident involved;

b. Ascertain the resident’s willingness or desire to involve his or her clinician in a debriefing to discuss and clarify their perceptions about the episode and to identify additional alternatives or treatment plan modifications;

c. Hear and document the resident’s perspective of the episode;

d. Discuss and clarify any possible misperceptions the resident or staff might have concerning the incident;

e. Identify with the resident any environmental changes or alternative interventions to reduce the potential for additional episodes; and

f. Ascertain whether the resident’s rights and physical well-being were addressed during the episode and advise the resident of the process to address perceived rights grievances; and

(3) Support the individual’s re-entry into his or her assigned housing.

(e) Within one business day, the individual’s clinician shall, after discussion with the resident, modify the treatment plan as needed through a treatment team review including areas noted in (d)(1)-(3) above and seek an informed decision on that plan by the resident.

(f) A review of the clinical appropriateness of the use of seclusion or restraint shall be conducted:

(1) As authorized by the facility’s psychiatric medical director;

(2) On the next business day following a personal safety emergency;

(3) To assess compliance with the requirements of Cor 503.02;

(4) To consider and take any action needed to prevent the recurrence of the same or similar personal safety emergencies; and

(5) By the facility’s chief of security.

Source. (See Revision Note at chapter heading for Cor 500) #12793, eff 5-25-19

Cor 502.06 Notice of Right to Appeal.

(a) On the business day following administration of emergency treatment seclusion or restraint under Cor 502, the resident’s clinician or another staff member designated by the facility shall provide notice to the resident or his or her guardian of the resident’s right to complain against, and appeal, the administration of emergency treatment.

(b) Appeals on the final decision shall be forwarded, in writing, to the director of medical and forensics. An exception shall be that the appeals may be filed verbally if the resident is unable to convey the appeal in writing.

Source. (See Revision Note at chapter heading for Cor 500) #12793, eff 5-25-19

Cor 502.07 Involuntary Emergency Medical Treatment.

(a) The department shall maintain the general health and well-being of residents. Resident’s whose medical condition requires, in the opinion of the departmental physician, physician’s assistant, or APRN, expeditious emergency medical treatment to prevent death, substantial worsening illness or injury, contagion or infection of others, or harm to self or others shall be treated in the least intrusive manner as prescribed by the licensed provider, even over the objection of the resident, pursuant to RSA 627:6, VII (b).

(b) In the case of an incompetent resident, pursuant to RSA 627:6, VII(b), emergency treatment shall be administered when the physician, physician’s assistant. or APRN licensed provider reasonably believes that a reasonable person concerned for the welfare of the resident would consent. Legally responsible persons shall be notified before the proposed treatment, if possible, but in no event later than 24 hours after the administration of such treatment.

(c) Involuntary emergency treatment, seclusion, or restraint in a facility shall not be implemented unless a licensed provider determines that a personal safety emergency exists. Involuntary emergency medical and psychiatric treatment shall be administered by a licensed provider only upon personal examination or observation prior to the decision to administer such treatment, except in situations where emergency physical or mechanical restraint or seclusion is necessary as described in (k) below.

(d) Involuntary emergency medical treatment, pursuant to RSA 627:6, VII (b) shall be limited to the extent that:

(1) The authorization by the departmental licensed provider to impose involuntary treatment issued pursuant to Cor 502.07 shall last for not longer than 72-hours unless the licensed provider issues a new 72-hour authorization;

(2) No treatment shall be administered pursuant to Cor 502.07 which is not reasonably expected to alleviate or ameliorate the condition which has caused the need for said involuntary treatment; and

(3) The treatment that is administered shall be a form of treatment that is the least restrictive effective treatment.

(e) When any emergency treatment is administered pursuant to Cor 502.07 the physician or APRN administering or directing such treatment shall record in the resident’s health record the specific reasons that such involuntary treatment is necessary.

(f) The provider’s emergency response shall be an intervention that:

(1) Is expected to be effective;

(2) Considers whether any of the following factors regarding the resident’s condition would require special accommodation to ensure necessary communication and the resident’s safety:

a. Medical factors;

b. Psychological factors; and

c. Physical factors, including:

1. Blindness or other limitations of sight;

2. Deafness or other limitations of hearing; and

3. Any other physical limitation that would require special accommodation;

(3) Is the least restrictive of the resident’s freedom of movement; and

(4) Gives consideration to the resident’s preferred response to a psychiatric emergency situation.

(g) Documentation pursuant to (e) above shall be distributed as follows:

(1) The original of the physician’s, or APRN’s note regarding the involuntary treatment shall be retained in the resident’s medical health record; and

(2) A copy shall be promptly transmitted to the psychiatric medical director or designee to keep him or her informed of residents receiving treatment pursuant to Cor 502.07.

(h) A resident or legally responsible person may complain against and appeal the administration of involuntary treatment pursuant to Cor 502.07 in accordance with the departmental grievance procedure pursuant to Cor 313. The commissioner shall act on the appeal within 48 hours after securing additional advice and expertise from healthcare professionals.

(i) Each instance of involuntary emergency treatment shall require an administrative review conducted by the director of medical and forensic services or designee which shall review the treatment and circumstances and make recommendations to the commissioner.

(j) Departmental employees shall use the minimal amount of force and restraint necessary to prevent serious bodily harm to the resident or others.

(k) All such interventions shall be limited to the extent that:

(1) Any such intervention shall be imposed for a period no longer than is necessary to resolve a personal safety emergency regardless of the length of the time identified in the order;

(2) Interventions emergently imposed by licensed nursing staff may not exceed one hour until a physician, or APRN can be consulted to determine if continued authorization of emergency treatment is necessary; and

(3) Authorization for the use of seclusion or restraint shall be pursuant to Cor 502.07 (f).

Source. (See Revision Note at chapter heading for Cor 500) #12793, eff 5-25-19

Cor 502.08 Involuntary Non-Emergency Medical Treatment. Except as provided in Cor 502.07 and 504.04, medical treatment shall be administered only with the consent of the resident or the resident’s duly appointed legal guardian. In the event a resident is legally incapacitated, as defined in RSA 464-A:2, XI, to consent to medical treatment which, in the opinion of the departmental physician, or APRN, would tend to promote the physical or behavioral health of the resident, and the resident does not have a legal guardian, the director of medical and forensic services shall consult with and refer the matter to the department of justice who shall petition the appropriate court for the appointment of a guardian or guardian ad litem pursuant to RSA 464-A.

Source. (See Revision Note at chapter heading for Cor 500) #12793, eff 5-25-19

Cor 502.09 Training.

(a) At a minimum, facilities shall provide training at the following intervals to all staff who will be involved in the use of any type of restraint or seclusion:

(1) During initial academy training; and

(2) During annual training.

(b) Staff shall not perform any action relative to restraint or seclusion without having been trained in the use of such methods, in accordance with (c) and (d) below.

(1) Techniques to identify behaviors, events, and environmental factors regarding resident and staff that might trigger circumstances that require restraint or seclusion;

(2) Use of non-physical interventions;

(3) How to identify and choose positive behavioral supports and the least restrictive intervention based on an individualized assessment of the resident’s medical or behavioral status or condition;

(4) How to ensure that the resident and staff are able to communicate effectively;

(5) Safe application and use of all types of restraint or seclusion, including mitigating positional risks that can result in asphyxia or airway obstruction, in accordance with resident needs;

(6) How to monitor the physical and psychological well-being of the resident who is restrained or secluded;

(7) How to recognize and respond to signs of physical and psychological distress;

(8) How to identify clinical changes that indicate that restraint or seclusion is no longer necessary;

(9) How to monitor respiratory and circulatory status, skin integrity, and vital signs during restraint; and

(10) Training in first aid techniques and certification in cardiopulmonary resuscitation (CPR), including CPR recertification every 2 years.

(d) Training shall be given by a person who:

(1) Possesses the requisite qualifications based upon education, training, experience, and certification to teach the assessment of, and response to, a resident’s medical or behavioral status or condition;

(2) Is certified by a nationally recognized program as an instructor in CPR; and

(3) Is trained in crisis prevention utilizing a nationally recognized program or comparable curriculum.

Source. (See Revision Note at chapter heading for Cor 500) #12793, eff 5-25-19

Cor 502.10 Reporting of Death.

(a) In accordance with Patient Rights 42 CFR 482.13(g)(1)i and the Protection and Advocacy for Mentally Ill Individuals Act (PAIMI Act), 42 U.S.C. § 10801-10851, facility staff shall make a telephone report to the CMS regional office, no later than the close of the next business day and to the state protection and advocacy agency within 7 days following knowledge of a resident’s death that:

(1) Occurs while a resident is in restraint or in seclusion at the facility;

(2) Occurs within 24 hours after the resident has been removed from restraint or seclusion; and

(3) Occurs within one week after restraint or seclusion where it is reasonable to assume that the use of restraint or placement in seclusion contributed directly or indirectly to the resident’s death including, at a minimum:

a. Death related to restrictions of movement for prolonged periods of time; and

b. Death related to chest compression, restriction of breathing, or asphyxiation.

(b) Staff shall document in the resident’s medical record the date and time the death was reported.

Source. (See Revision Note at chapter heading for Cor 500) #12793, eff 5-25-19

Cor 502.11 Use of Safety Booths.

(a) Safety booths shall only be utilized for, but not limited to:

(1) Assessments;

(2) Evaluations;

(3) Interviews;

(4) Group therapy;

(5) Education classes; and

(6) Hearings.

(b) Safety booths shall be used only for residents residing in the special housing unit of the NH state prison for men, or residents of the secure psychiatric unit.

(d) Safety booth sessions shall not exceed 2 hours.

(e) Safety booth use shall not exceed 3 sessions per day.

(f) Residents utilizing a safety booth shall not be restrained in any other manner.

(g) Safety booths shall not be used for punishment.

(h) Residents using a safety booth shall not be unaccompanied in the room for a length of time exceeding five minutes.

Source. #12889, eff 9-28-19

Cor 502.12 Resident Interaction Prohibited.

(a) Except in exigent circumstances, which shall include, but not be limited to, emergency evacuation of the housing area, residents of the SPU shall not be in physical proximity with other residents of the SPU that are of the biological opposite sex.

(b) Residents shall be under staff supervision at all times when out of their living unit.

Source. #12890, eff 9-28-19

PART Cor 503 MEDICAL AND PSYCHIATRIC EMERGENCIES

Cor 503.01 Guardianship. During the course of the authorized treatment period, SPU staff shall assess the resident’s need for the appointment of a guardian and take actions consistent with RSA 464-A and RSA 547-B.

Source. (See Revision Note at chapter heading for Cor 500) #12793, eff 5-25-19

Cor 503.02 Treatment Limitations. The authorization to provide emergency treatment to the resident shall immediately expire if a guardian over the person of the resident with authority to make treatment decisions is appointed during the period of emergency treatment authorized.

Source. (See Revision Note at chapter heading for Cor 500) #12793, eff 5-25-19

PART Cor 504 STANDARDS FOR TREATMENT AT THE SECURE PSYCHIATRIC UNIT

Cor 504.01 Administration.

(a) The administrator of the SPU, in collaboration with an American Board of Psychology and Neurology, Inc. or equivalent board-certified or board-eligible psychiatrist licensed in New Hampshire, under the administrative supervision of the commissioner or designee, shall be jointly responsible for the provision, supervision, and administration of the medical and psychiatric services of the department and the SPU.

(b) A psychiatrist who is a licensed physician in New Hampshire, who shall be board-certified or who shall by virtue of education and training be board-eligible, shall provide psychiatric services under the supervision of the administrator of the SPU.

(d) There shall be on staff a psychiatrist, licensed and board certified in New Hampshire.

(e) There shall be on staff an advanced practice registered nurse (APRN).

(f) Nursing and security coverage shall be provided 24 hours a day.

Source. (See Revision Note at chapter heading for Cor 500) #12793, eff 5-25-19

Cor 504.02 Secure Psychiatric Unit Resident Management.

(a) SPU residents shall be those who are so classified pursuant to RSA 622:40-48, RSA 171-B:2, RSA 135:17-a, I and II, RSA 135-C:34, RSA 651:8-b, RSA 651:9-a, RSA 651:11-a, RSA 623:1, or RSA 135-E:4 and RSA 135-E:11 and are committed or transferred to an environment which provides for the safety and security of the public, the staff, and those committed.

(b) SPU residents shall be under supervision at all times when not in their rooms.

(c) SPU residents, when outside the boundaries of the SPU, shall be supervised to ensure the safety and security of the public, the staff, and the residents.

(d) Residents whose behavior and mental condition permit shall be fed in a communal dining area.

(e) If a resident is disruptive, assaultive, violent, or dangerous within the constraints of the secure psychiatric unit and has demonstrated a propensity to throw his or her food or to use utensils as weapons, he or she shall be denied the utensils and wholesome and nutritious sandwiches or finger food shall be substituted for the regular food.

(f) SPU residents whose behavior and mental condition permit shall have in their possession in their rooms appropriate allowable property as detailed in the SPU handbook.

(g) The SPU shall be a 24-hour forensic treatment facility and the residents housed within shall be provided with the services of a psychiatrist, advanced registered nurse practitioner, or an on-call physician, and 24-hour nursing coverage.

(h) Therapeutic recreational opportunities shall be offered to SPU residents if clinically indicated;

(i) SPU residents shall be provided the opportunity for religious counseling by ministers, priests, rabbis, or other religious representatives of organized faiths on a regular basis.

(j) SPU residents shall be provided the opportunity to participate in educational and vocational programs as clinically able.

(k) SPU residents shall have the opportunity to work when their level of functioning permits, consistent with security.

(l) SPU residents shall be provided access to law library materials and access to regular library materials. Books being transferred into the SPU shall be carefully searched to preclude the introduction of contraband through library materials.

(m) Property taken from a resident shall be accounted for by the SPU property officer. A receipt shall be made for any property removed from the possession of any resident, and the resident shall be furnished a copy of the receipt.

(n) SPU residents shall be provided a weekly opportunity to list items they desire from the canteen. A list shall be provided to residents reflecting the items available to them from the canteen. If a resident has the money to pay for the items listed by that resident, and subject to a security screening of the items, they shall be picked up by staff and delivered to the resident.

(o) SPU residents using the day rooms shall be afforded use of tablets for making pre-paid calls.

(p) SPU residents shall be afforded the opportunity to consult with their attorneys.

(q) SPU residents not under visiting restriction shall be allowed social visits to be conducted during scheduled visiting hours in a supervised visiting area provided in the SPU.

(r) Residents admitted to the SPU shall be photographed and fingerprinted for the purpose of positive identification.

Source. (See Revision Note at chapter heading for Cor 500) #12793, eff 5-25-19

Cor 504.03 Medical Records. Notwithstanding the provisions of RSA 329:26, RSA 329-B, and RSA 330-A:32, medical and behavioral health records concerning current residents of the secure psychiatric unit shall be exchanged between other state medical and mental health facilities to facilitate treatment pursuant to RSA 622:47.

Source. (See Revision Note at chapter heading for Cor 500) #12793, eff 5-25-19

Cor 504.04 Commitment. Any person admitted or transferred to the unit shall be under the care and custody of the commissioner and the administrator of the SPU and shall be subject to the rules and policies of the commissioner until the person is transferred to a receiving facility in the state mental health services system or otherwise discharged.

Source. (See Revision Note at chapter heading for Cor 500) #12793, eff 5-25-19

Cor 504.05 Rights of All Residents of the SPU. Persons committed or transferred to the unit who are convicted offenders, persons found not guilty because of insanity, pre-trial detainees, or persons civilly committed, shall retain all their individual rights, subject to those restrictions that are inherent with confinement within a secure forensic setting.

Source. (See Revision Note at chapter heading for Cor 500) #12793, eff 5-25-19

Cor 504.06 Procedures for Commitment to the Secure Psychiatric Unit.

(a) All persons committed or transferred to the unit pursuant to RSA 171-B:2, RSA 135:17-a, RSA 135-C:34, RSA 135-E:4, RSA 135-E:11, RSA 623:1, RSA 651:8-b, RSA 651:9-a, RSA 651:11, or RSA 651:11-a, as lawfully ordered by the court of competent jurisdiction or the commissioner, shall be residents of the SPU unless otherwise discharged pursuant to New Hampshire law.

(b) A person in the custody of the commissioner who needs hospitalization for a behavioral health illness shall be transferred to the SPU following a due process hearing pursuant to RSA 623:1 and Cor 403.10. If the person requires immediate transfer, the due process review shall occur within 24 hours following the transfer.

(c) Any person subject to an involuntary admission to the SPU shall be transferred to the SPU, per RSA 622:40-48, upon a determination that the person would present a serious likelihood of danger to himself, or herself, or to others if admitted to or retained at New Hampshire hospital.

(d) Admission to the SPU shall be ordered by:

(1) A probate court pursuant to the relevant sections of RSA 135-C, RSA 171, or RSA 135-E;

(2) A criminal court order pursuant to the relevant sections of RSA 651; or

(3) An emergency transfer pursuant to RSA 623.

(e) Except upon an order of court or in an emergency, no admission or transfer to the SPU shall occur without the prior approval of the commissioner or designee and the director of medical and forensic services or their designees. The request for approval shall be made in writing to the commissioner by the sending jurisdiction. The commissioner’s approval shall be based upon the physician’s or APRN’s certification documenting the dangerousness of the person to self or others. In such instances, if the person to be admitted or transferred objects to the admission or transfer, he or she shall request a review of the decision by the director of medical and forensic services or their designee. The review shall occur prior to the admission or transfer, or within 24 hours following the admission or transfer where immediate admission or transfer has been determined necessary by the physician or APRN to protect the person or others. If the director of medical and forensic services upholds the objection of a person to be transferred, the transfer shall not be made. If the director of medical and forensic services upholds the objection of a person already admitted or transferred, the person shall promptly be transferred back to a receiving facility named by the director of medical and forensic services.

Source. (See Revision Note at chapter heading for Cor 500) #12793, eff 5-25-19

Cor 504.07 Due Process Hearing.

(a) Once it has been determined that a resident is contesting the decision to move him or her to the SPU, as described above, the administrator of medical and forensics, or his or her designee, shall appoint 3 individuals to serve in the required positions needed to execute the due process hearing, as outlined below:

(1) Independent decision maker, who shall make the final determination whether the move is warranted and necessary;

(2) Offender advocate, who shall work with the resident helping him or her prepare for the due process hearing, this may include contacting community advocates, if requested by the resident, which may include but not be limited to a disability rights representative, or a personal attorney. The offender advocate may also arrange for resident requested witnesses to be present if appropriate; and

(3) Department advocate, who shall represent the department and validate why this movement is necessary to ensure resident and staff safety.

(b) The sending facility shall have completed this due process hearing prior to movement of a resident barring exigent circumstances which shall include, but not be limited to, emergency transfer of a resident to the SPU for emergency treatment, in such cases the due process hearing shall be executed within 24 hours following the transfer of the resident, if requested.

(c) The sending facility shall prepare the following sections of the “Transfer of a Person Under Departmental Control to the Secure Psychiatric Unit for Behavioral Health Treatment Services Pursuant to RSA 623:1” form prior to a due process hearing being held:

(1) The resident’s name;

(2) The sending facility name and address;

(3) The name and title of the staff person completing the form;

(4) The name, date and time of the staff member who provided the resident with written notice he or she is being considered for movement to the SPU;

(5) The name of the staff member who supplied the resident with a copy of resident rights;

(6) The criteria for admission which has been identified necessitating the move to the SPU, as identified by circling the applicable option on page 2;

(7) The recommendation made by medical staff initiating the transfer; and

(8) The name and title of the offender advocate, department advocate and the independent decision maker;

(d) At the completion of the due process hearing, the independent decision maker shall supply the following on the form:

(1) His or her name and position;

(2) His or her finding of facts;

(3) Rulings; and

(4) The final decision reached.

(e) If the independent decision maker, who was appointed by the director of medical and forensics services or designee, concludes that the resident presently meets the criteria for transfer, the warden or administrator of medical and forensic services shall approve the transfer by signing and dating page 5 of the “Transfer of a Person Under Departmental Control to the Secure Psychiatric Unit for Behavioral Health Treatment Services pursuant to RSA 623:1” form.

(f) The correctional facility administrator shall approve the transfer by signing section 5 of the “Transfer of a Person Under Departmental Control to the Secure Psychiatric Unit for Behavioral Health Treatment Services Pursuant to RSA 623:1” form

(g) The resident shall receive written notice of the results of the due process hearing. The staff member who serves a completed copy of the “Transfer of a Person Under Departmental Control to the Secure Psychiatric Unit for Behavioral Health Treatment Services pursuant to RSA 623:1” form to the resident showing the decision of the independent decision maker, shall certify the resident was served by providing in the witness area the following information:

(1) The printed name and title of the staff member providing the resident with the document;

(2) The signature of the staff member who served the resident; and

(3) The date and time the inmate received the documentation.

Source. (See Revision Note at chapter heading for Cor 500) #12793, eff 5-25-19

Cor 504.08 Transfer of a Resident to the Secure Psychiatric Unit for Behavioral Health Treatment Pursuant To RSA 623:1 Form.

(a) The administrator of behavioral health or designee initiating a transfer to the SPU of a resident shall supply the following on the “Transfer of a Person Under Departmental Control to the Secure Psychiatric Unit for Behavioral Health Treatment Services Pursuant to RSA 623:1” form:

(1) The name of the resident;

(2) Correctional facility name;

(3) Address; and

(4) His or her name and title.

(b) The transfer form shall contain a notice to the resident that includes:

(1) A statement that he or she is being considered for transfer to the SPU pursuant to RSA 623: 1 for the purpose of receiving behavioral health treatment;

(2) A list of the criteria for admission to the SPU for behavioral health treatment services pursuant to RSA 623:1;

(3) Definitions of the terms “behavioral health illness” and “harm to himself, herself, or others” for the provider’s certification; and

(4) A statement that he or she has due process rights, which include the opportunity for a hearing.

(1) His or her name and title;

(2) The name of the resident recommended for transfer; and

(3) The date on which he or she personally examined the resident.

(d) The licensed provider shall then:

(1) Sign and date the form; and

(2) Certify by his or her signature that in his or her opinion the criteria for transferring the resident to the SPU have been met.

(e) A resident who agrees to be transferred to the SPU shall sign and date a waiver of his or her right to a hearing.

(f) A resident who objects to being transferred to the SPU shall sign and date page 3 of the “Transfer of a Person Under Departmental Control to the Secure Psychiatric Unit for Behavioral Health Treatment Services Pursuant to RSA 623:1” form to request a hearing.

Source. (See Revision Note at chapter heading for Cor 500) #12793, eff 5-25-19

Cor 504.09 Procedures Upon Admission.

(a) Upon admission to the SPU, each resident shall receive:

(1) A psychiatric examination to be completed by the psychiatrist or APRN;

(2) A preliminary treatment plan, resulting from the completion of the above documents by the psychiatrist or APRN;

(3) A physical examination to be completed by the physician’s assistant or APRN within 24 hours of admission or on the next weekday including diagnostic lab tests such as blood and urine;

(4) Nursing assessment; and

(5) Nutritional assessment.

(b) Upon admission to the SPU each resident’s transfer paperwork shall be assessed to verify the completeness of the legal documents and the validity of the admission.

(c) A preliminary oral examination shall be made during the admission physical. Referral to a dentist shall be made when necessary. On-going oral hygiene shall be scheduled while the resident is admitted in the SPU. Additional dental services shall be available at the request of the resident and accomplished as determined necessary by the dentist.

Source. (See Revision Note at chapter heading for Cor 500) #12793, eff 5-25-19

Cor 504.10 Individual Treatment Plans.

(a) Each resident admitted to the SPU shall have an individualized treatment plan which shall be formulated by a multi-disciplinary treatment team and authorized by a psychiatrist or APRN.

(b) The preliminary individualized treatment plan shall be completed within 10 days after admission.

(c) Reviews of the preliminary individualized treatment plan shall be completed 20 days after admission, 30 days after admission, every other month thereafter, and quarterly after a year.

(d) A comprehensive clinical assessment shall be completed within 10 days of admission.

(e) A therapeutic recreational assessment shall be completed within 10 days following admission.

(f) Any other clinical assessments ordered by the psychiatrist or APRN shall also be completed within the first 10 days of admission.

Source. (See Revision Note at chapter heading for Cor 500) #12793, eff 5-25-19

Cor 504.11 Procedures for Release or Transfer from the Secure Psychiatric Unit.

(a) When a person committed or transferred to the unit no longer requires the security provided by the SPU, the commissioner shall initiate his or her release or transfer, as follows:

(1) 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; or

(2) The commissioner or his designee shall transfer to the state mental health services system 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 himself or others if confined within a receiving facility in the state mental health services system.

(b) A patient of the SPU pursuant to RSA 651:9-a shall be eligible for transfer by the commissioner to the state mental health services system provided:

(1) That in consultation with the resident’s treatment team, a psychiatrist or APRN determines that the person presents a potentially serious likelihood of danger to himself, herself, or others as a result of behavioral illness but that the resident no longer requires the degree of safety and security as provided by the SPU;

(2) That prior approval of the proposed transfer is obtained from the superior court if the transfer is not already allowed in an existing court order; or

(3) The resident to be so transferred agrees to the proposed transfer.

(c) If the resident does not desire to be transferred, a review shall be held by a designee of the commissioner to ascertain the reasons why the transfer is recommended and the resident’s reasons for objecting. The designee shall recommend to the commissioner or designee whether the resident should be transferred and the circumstances relative to the data presented at the review.

(d) The director of medical and forensic services shall have complete access to the departmental medical and behavioral health records of the proposed transferee.

(e) Pursuant to RSA 622:49, if the director of medical and forensic services intends to grant off-grounds privileges to any person committed to the unit by criminal proceedings and who has subsequently transferred to the state mental health services system, the administrative director of medical and forensic services shall give written notice of such intention to the commissioner. The commissioner shall give written notice of the director of medical and forensic services’ intention to the superior court for the county in which the resident was committed, to the department of justice, and to the county attorney, if any, who prosecuted the case.

Source. (See Revision Note at chapter heading for Cor 500) #12793, eff 5-25-19

PART Cor 505 BEHAVIORAL HEALTH SERVICES

Cor 505.01 Diagnosis, Counseling, and Therapy.

(a) There shall be an outpatient behavioral health unit which shall provide for the resident’s behavioral health needs as determined by completion of an initial behavioral health interview and a biopsychosocial assessment which results in a behavioral health diagnosis. Referrals for such assessments may be via self-referral made by residents themselves or by any departmental staff member. These referrals shall be triaged accordingly, and for those cases requiring on-going behavioral health treatment, a treatment plan shall be developed and filed in the resident’s medical record.

(b) The behavioral health unit shall be sufficiently staffed to include at a minimum:

(1) A full-time New Hampshire licensed administrative clinician who shall:

a. Oversee and supervise the testing operations and determine what types of behavioral health interventions are needed;

b. Conduct staff training, triage referrals to the behavioral health unit, and assist behavioral health staff with individual cases;

c. Provide individual and group counseling and supervise the provision of such counseling by mental behavioral health clinicians; and

d. Review the behavioral health needs of the residents and implement new treatment modalities as indicated;

(2) New Hampshire licensed psychiatric providers who shall provide for the psychiatric needs of the residents and the secure psychiatric unit including prescription of medications, coordination of care between disciplines, and consultation with administration with regard to behavioral health policy development; and

(3) Full-time clinical staff who, at a minimum, shall be qualified under the state personnel system to include, without being limited to, social workers or clinical mental health counselors.

(1) Documentation and implementation of a treatment plan;

(2) Psychiatric services;

(3) Medication management;

(4) Individual counseling pursuant to RSA 329-B;

(5) Group therapy sessions as appropriate; and

(6) Such other specialized treatment for individuals or groups of resident as needed.

(d) Behavioral health services shall be available to all resident regardless of their custody status.

(e) Residents who are transferred to the restricted housing settings such as the special housing unit (SHU) shall be screened prior to being placed in a cell. The behavioral health unit shall conduct a suicide risk assessment and suitability review of the resident’s placement. If the behavioral health unit’s staff is not on-site, nursing staff shall conduct the assessment within health services. All staff shall complete appropriate clinical documentation recording the assessment and outcome of the assessment in the resident’s health record. If the resident presents a risk as a result of the assessment, alternative housing arrangements shall be made to secure the individual for their safety.

(f) Residents who are prescribed psychotropic medications or are diagnosed with a severe mental illness (SMI) that are housed in the SHU shall have clinical appointments scheduled at least every 14 business days that shall include at a minimum the following:

(1) Status examination as follows:

a. Appearance;

b. Interaction;

c. Speech;

d. Mood/Affect;

e. Thought process;

f. Thought content;

g. Suicidality; and

h. Violence;

(2) A review of their medications and any reported side-effects for triaging to psychiatric providers;

(3) A subjective statement of each resident’s current emotional status;

(4) An assessment of diagnosis/es with reflection of psychiatry’s perspective, if available in the health record;

(5) The treatment plan shall be updated which shall include referral to a case manager, assignment to group therapy, triage to medical staff, or other individual specific goals based on the clinical appointment; and

(6) A monthly report of these clinical appointments to track compliance to the 14-day standard and treatment plan development which shall be reviewed by the director of medical and forensic services for compliance to the standards.

(g) The department shall provide a psycho-social skill development program in restricted housing settings at all facilities. Such programs will be provided in consultation with the bureau of behavioral health. These shall operate in quarterly cycles with at a minimum of 4 offerings a year for residents referred in these settings by the behavioral health staff;

(h) The correctional staff assigned to restricted housing settings shall be provided with specific training at a minimum of quarterly on topics related to the treatment and supervision of individuals with behavioral health issues; and

(i) The correctional staff assigned to restricted housing settings shall conduct at minimum 30-minute rounds on individuals housed in theses settings on psychotropic medications or diagnosed with a severe and persistent mental illness.

(j) There shall be therapeutic communities as follows for those residents:

(1) Who because of significant functional impairment due to their documented behavioral illness are unable to successfully live in the general population;

(2) Who are diagnosed with substance use disorders; or

(3) Who are diagnosed with other behavioral health disorders.

(k ) The therapeutic communities shall be sufficiently staffed to include at a minimum:

(1) A full time administrator who shall:

a. Oversee the clinicians managing the therapeutic communities to ensure proper procedures are followed regarding admission, treatment, and transition of residents;

b. Manage the process of evaluating and triaging those residents’ referred for therapeutic communities services; and

c. Supervise the collection of quality improvement data and participate in the development of quality improvement benchmarks; and

(2) Clinical staff to meet the treatment needs of those receiving treatment in the therapeutic communities including but not limited to of recreational therapy, psychological services, special education, behavioral health therapy, medical care, safety, and psychiatric interventions.

(l) Residents admitted to the therapeutic community shall receive a complete evaluation of their psychiatric needs including at a minimum:

(1) A complete psychiatric evaluation;

(2) A comprehensive clinical assessment; and

(3) An assessment of skills required to successfully navigate in their housing unit.

(m) Above mentioned assessments shall result in the development of a master treatment plan that specifically addresses the individual’s clinical needs.

Source. (See Revision Note at chapter heading for Cor 500) #12793, eff 5-25-19

Cor 505.02 Sexual Offender Administration.

(a) There shall be a sexual offender treatment services (SOTS) bureau which shall provide for the treatment needs of residents who are incarcerated for sexually-related offenses, and which meets the following requirements:

(1) Presence of a full-time administrator who shall:

a. Oversee and supervise the assessment and treatment of services for residents identified as in need of these services;

b. Review the sexual offender treatment needs of the residents and implement treatment modalities as indicated;

c. Provide individual and group therapy and supervise the provision of such services by other sexual offender treatment therapists; and

d. Conduct staff training and supervision; and

(2) Full-time clinical staff who at a minimum shall be qualified under the state personnel system.

(b) Residents convicted of sexual offenses who are willing to participate in SOTS shall be provided with an initial screening assessment in order to determine their treatment needs including:

(1) A complete comprehensive clinical assessment;

(2) A risk and needs assessment;

(3) A review of any special accommodations necessary to participate in treatment such as language barriers, intellectual disability or accessibility issues; and

(4) A referral to any other services as indicated.

(c) Residents shall be placed into the appropriate form of treatment services or on the waiting list for appropriate services.

(d) A determination of required services shall be provided to the resident.

(e) The goals of SOTS shall include:

(1) Decreasing use of cognitive distortions or distorted thinking patterns;

(2) Establishing and maintaining trusting, supportive, and equitable intimate relationships;

(3) Increasing autonomy and self-sufficiency;

(4) Developing a positive self-concept;

(5) Increasing effective emotional management;

(6) Reducing self-destructive or self-injurious behaviors;

(7) Ensuring healthy sexual development, expression, and boundaries;

(8) Developing open and honest communication;

(9) Developing the ability to appropriately express thoughts, feelings, and wishes in a healthy manner;

(10) Becoming more aware of feelings and developing appropriate coping mechanisms;

(11) Developing an understanding of the cycle of thoughts, feelings, and behaviors that lead to offender relapse;

(12) Developing interventions to interrupt the cycle of offender relapse;

(13) Increasing and improving pro-social skills;

(14) Developing improved self-esteem and healthier relationship skills;

(15) Developing victim empathy;

(16) Demonstrating a consistent understanding and application of treatment concepts in the management of a resident’s daily life;

(17) Self-disclosing entire sexual offending history and verifying offense history by passing a polygraph or other validated technology;

(18) Identifying high-risk areas and intervention strategies;

(19) Developing a comprehensive, workable maintenance contract that addresses appropriate identification of risks, past unhealthy patterns of coping and appropriate interventions for the future; and

(20) Referring the residents to appropriate ancillary services as needed to ensure a systemic holistic approach to managing their sexual offending behaviors.

(f) Referrals to sexual offender treatment services shall be made through the initial classification process pursuant to Cor 400 and on-going as needs are identified by departmental staff. Assessments shall be based on risk and needs assessment and triaged into appropriate treatment services accordingly by qualified sexual offender treatment staff;

(g) The SOTS unit shall at a minimum provide the following services:

(1) Specific needs assessment to determine the specific treatment needs of each resident as it relates to his or her sexual offender treatment;

(2) The development of an individualized treatment plan specific to sexual offender treatment;

(3) Group and individual therapy sessions;

(4) Discharge planning;

(5) Coordination with other prison services and external services as indicated by the resident’s specific sexual offender treatment needs; and

(6) Treatment reviews of services to ensure public safety and risk mitigation through the establishment of an administrative review committee (ARC) as follows:

a. The ARC shall review the outcome of sexual offender treatment services. The ARC shall provide oversight to ensure the department is meeting its mission in preventing further victimization from sexually-related crimes;

b. The purpose of the ARC shall be to ensure that each resident participating in the department’s sexual offender treatment service has satisfactorily completed his or her treatment goals as specified on their individualized treatment plan and outlined by the clinician’s discharge summary proposal;

c. The person whose case is being reviewed shall appear before the ARC unless the resident requests to be excused in writing. Residents who refuse to request to be excused in writing shall not be subject to adverse conditions. The refusal shall be noted in the official record; and

d. The ARC shall be comprised of administrators and senior level clinicians from the division of medical and forensic services as assigned by the director of medical and forensic services.

(h) SOTS shall be staffed by qualified behavioral health professionals who meet the following 2 requirements:

(1) Educational and license or certification criteria specified by their state licensing board; and

(2) Qualifications established by the New Hampshire state division of personnel.

(i) Residents declining SOTS services shall be administered a behavioral status examination to determine if any behavioral health needs exist. Any concerns that might impact the resident’s ability to make decisions due to a behavioral health condition shall be referred to behavioral health services to develop a comprehensive treatment plan with the goal to engage the resident into the appropriate sexual offender treatment intervention. If a resident refuses treatment recommendations, he or she shall sign a waiver of responsibility indicating that he or she is refusing treatment and shall suffer no punishment by the department for the refusal.

(j) If a resident is eligible for sentence reduction by participating in the program, this shall be included in the calculation for his or her minimum release date to allow the resident timely access to treatment. The resident shall make SOTS aware of the potential for time off his or her sentence.

(k) An electronic health record shall be utilized to document the treatment of a resident participating in SOTS.

(l) Participant assignments shall be returned to the participant upon successful completion of treatment. No copies shall be maintained in the permanent record unless they document violations of state law or intention to engage in criminal acts requiring investigation.

(m) SOTS staff shall not maintain local treatment files.

(n) SOTS shall include but not be limited to:

(1) An initial screening evaluation for sexual offenders to determine the level of treatment necessary;

(2) Ongoing assessment and progress reviews;

(3) Case management and coordination of ancillary services to meet the specific needs of sexual offenders; and

(4) Gender responsive treatment consistent with the empirical research related to sexual offenders.

Source. (See Revision Note at chapter heading for Cor 500) #12793, eff 5-25-19

Cor 505.03 Assessment.

(a) All sexual offenders who have sexually related charges or whose crime had a sexual element shall be offered an opportunity for screening and assessment for SOTS.

(b) The initial assessment shall be an overall psychosocial evaluation and sexual risk assessment evaluation to review the resident’s general social history, the static and dynamic risk factors present, and the resident’s overall motivation and appropriateness for SOTS.

(1) Low self-esteem;

(2) Self-injury or suicide attempts;

(3) Victimization during childhood and adulthood;

(4) Employment difficulties;

(5) Low educational attainment;

(6) Difficulties in intimate relationships;

(7) Anti-social peers and attitudes;

(8) Behavioral health difficulties; and

(9) Substance abuse.

(d) Residents identified during their initial classification evaluation as being in need of sexual offender treatment shall receive an additional assessment conducted by SOTS staff at least 3 years prior to their minimum parole date. If a resident is incarcerated with less than 2 years to his or her minimum parole date, the individual shall be placed on the assessment waiting list according to their minimum parole date and shall be seen as soon as their name comes up.

(e) SOTS staff shall utilize a nationally recognized assessment tool for general recidivism use among general male offenders and their criminal history.

(f) SOTS staff shall conduct a comprehensive psychological profile of female residents and their criminal history. SOTS for women shall consist of open-ended treatment length based on individualized treatment plans (ITPs).

(g) Upon completion of the assessment, the resident shall be provided with the results and recommendations of the assessment including the treatment in which he or she is being recommended to participate.

(h) SOTS shall utilize different forms of polygraph or other validated technology for assessments.

(i) A polygraph or other validated truth or deception technology shall be utilized in SOTS for the purpose of full disclosure of the resident’s range of sexual behavior. A polygraph or other truth or deception technology shall also be utilized as a therapeutic tool in specific issues exams when it is determined to be clinically indicated to further a resident’s treatment progress.

(j) All participants of SOTS shall undergo a full disclosure polygraph to ascertain their full spectrum of sexual offender.

(k) If results of the polygraph indicate no deception, the participant, shall continue in treatment with no delays.

(l) If results of the polygraph are deceptive or inconclusive, the participant shall be offered another opportunity within the standards for timelines of polygraph administration to obtain a truthful or no deception result. During the wait for the 2nd polygraph, the clinician shall work with the participant to review any inconsistencies and explore their distortions.

(m) If the second polygraph is inconclusive, the participant shall continue in SOTS with the polygraph result highlighted in their summary of completion.

(n) If the second polygraph exam indicates deception, then the participant shall be reassessed and their treatment plan adjusted accordingly.

(o) If the outcome of any polygraph or other validated deception technology is inconclusive or deceptive, a resident shall be referred for another polygraph or validated deception technology evaluation.

(p) The polygraph and other validated technology shall be administered in a controlled setting and in collaboration with SOTS staff. The procedures shall be in accordance with the Standards of Practice (2017) of the American Polygraph Association, http://www.polygraph.org/apa-bylaws-and-standards, and the ethical standards and principles for use of physiological measurements and polygraph examinations of the Association for the Treatment of Sexual Abusers (ATSA), Professional Code of Ethics 2017, https://www.atsa.com/Public/Ethics/ATSA_2017_Code_of_Ethics.pdf and as noted in Appendix B.

(q) The evaluating clinician shall complete a record review that shall include, but not be limited to, police records, victim statements, criminal history, and any other clinical evaluations as available including but not limited to behavioral health screening and substance abuse assessments as available.

(r) The clinician shall document in the electronic health record and the electronic client record treatment recommendations for each resident.

(s) The assessment shall be utilized to develop an appropriate ITP.

(t) If a sexual offender declines the SOTS assessment, it shall be noted that the resident is not interested in treatment and the assessment has not been completed. The resident’s decision to decline treatment shall be documented in the electronic health record and the CORIS. Residents shall sign a waiver of responsibility showing that he or she are declining services at this time.

(u) If the sexual offender changes his or her decision and makes a request for assessment, he or she shall be placed at the end of the assessment waiting list at the time of his or her request and processed according to that current list with no special consideration to their minimum parole date due to their initial refusal of assessment and treatment.

(v) After evaluation of the resident’s need, the outcome shall be sent to the resident in writing indicating the recommended treatment needs. A reclassification evaluation shall be conducted, and the sexual offender shall be placed on the waiting list, if applicable, or placed immediately into treatment if space permits.

Source. (See Revision Note at chapter heading for Cor 500) #12793, eff 5-25-19

Cor 505.04 Treatment.

(a) The sexual offender treatment recommendations identified by the department shall be:

(1) Community- based treatment;

(2) Prison-based Intensive Sexual Offender Services (ISOTS); or

(3) No treatment.

(b) Community based treatment shall include group therapy, both process oriented and psycho-educational, journaling, workbook completion, homework assignments, and other projects. Participants shall live in the prison community and shall meaningfully participate in community and community meetings.

(c) ISOTS shall include group therapy, both process oriented and psycho-educational, journaling, workbook completion, homework assignments, and other projects. The participants shall live together in a therapeutic community.

(d) The participant shall meet with their primary therapist upon entry into the treatment service to review treatment expectation, sign a treatment contract and confidentiality waiver, and review treatment rules.

(e) An ITP shall be established with the participant.

(f) ITPs shall include at a minimum:

(1) The participant’s identifying information;

(2) Treatment needs;

(3) Goals and objectives; and

(4) Identification of any necessary ancillary services to meet the specialized needs of each participant.

(g) Prior to admission into SOTS, the resident shall begin attending recommended behavioral health groups as part of his or her treatment plan.

(h) The resident shall be referred for participation in groups such as:

(1) Cognitive behavior therapy;

(2) Coping skills;

(3) Dealing with trauma;

(4) Socialization;

(5) Victim empathy;

(6) Anger management; or

(7) Drug and alcohol treatment.

(i) All residents who enter the SOTS shall be administered the Prison Rape Elimination Act (PREA) potential for sexual assault or sexual victimizing screening instrument and housed accordingly.

(j) SOTS therapeutic services shall be offered in accordance with an ITP. If the resident is identified with any intellectual disabilities or requires medically restricted housing, a modified ITP shall be established.

(k) A resident with multiple treatment needs shall have a collaborative treatment plan established inclusive of areas such as substance use, behavioral health, and psychiatric needs.

(l) SOTS staff shall be responsible for determining completion of goals and providing feedback to the resident on how to better achieve goals.

(m) Sexual offender treatment shall be documented in the electronic health record using the progress note, group note, treatment plan, and discharge summary, including such documents as:

(1) The assessment;

(2) Polygraph or other validated technologies; and

(3) Disclosure or administrative tools.

(n) Treatment plans shall be updated at least every 6 months or when goals are attained or require modifications based on the resident’s needs. Treatment plans shall also be updated when entering into the next phase of treatment.

(o) SOTS shall utilize a holistic approach to treating sexual offenders that includes a combination of cognitive behavioral therapy, psycho-educational components, and the treatment of co-morbid conditions. Emphasis is placed on addressing trauma and its impact on emotional, social, psychological and sexual adjustment.

(p) Residents in SOTS shall participate in clinical therapeutic groups and psycho-educational treatment aimed at the specific treatment needs addressed in their ITPs. In addition, residents shall participate in other behavioral health treatment, substance abuse treatment, as designated in their ITPs. Residents shall also complete a number of different homework assignments, journaling assignments, and projects during treatment.

(q) In their core clinical therapeutic groups residents shall address key components of his or her offenses and work on issues of accountability, responsibility, identifying and challenging distorted thinking, identifying and coping with feelings and inappropriate or maladaptive coping skills, developing a positive self-concept, increasing effective emotional management and establishing and maintaining trusting, supportive and equitable intimate relationships. Residents shall identify the patterns of behavior that lead to their offending.

(r) Caseloads shall be entered in the electronic client record for ongoing informational sharing and awareness for re-entry planning. The electronic client record shall also be used to document movement in SOTS for purposes of case management. Clinicians shall update this information, for instance when someone has transitioned out of SOTs whether it be due to being removed or because he or she has been issued a discharge summary.

(s) Quarterly progress reviews shall be conducted with the participant and documented on his or her treatment plan.

(t) The primary therapist shall complete clinical progress notes for each participant on the therapist’s caseload. Post treatment encounters shall be documented in the electronic health record.

(u) All discharges from sexual offender treatment services shall be documented by the primary clinician within 5 days of program completion.

(v) Community-based treatment shall be the recommendation for a resident upon release to parole or other community-based supervision.

(w) If an assessing clinician is recommending a resident for community–based treatment following the assessment, the resident shall be referred for additional screening as necessary to complete the assessment and recommendations. Once the assessing clinician determines that a community treatment referral is warranted, this outcome shall be reviewed by the administrator of SOTS and the deputy director of forensic services for thoroughness and concurrence.

(x) If the recommendation is approved, a treatment plan shall be developed for participation in behavioral health groups to address any treatment needs of the resident while waiting for release into community-based treatment services.

(y) The resident shall also participate in continuing treatment until released. If at any time during continuing treatment a clinician identifies a behavioral status change, acquires additional information with regard to the resident’s engaging in risky sexual behaviors, or is provided additional collateral information which is a cause for concern, a new assessment will be completed using gender validated tools as appropriate.

(z) All residents, who post an assessment by a department clinician and which receives a recommendation of community-based treatment shall with a SOTS clinician’s assistance establish an appropriate individualized treatment plan. If the resident fails a polygraph or shows deception, he or she shall be placed in ISOT to receive more intense treatment.

Source. (See Revision Note at chapter heading for Cor 500) #12793, eff 5-25-19

Cor 505.05 Program Completion.

(a) When a program participant has met all program goals, he or she shall be referred to the ARC by his or her SOTS therapist for case review.

(b) The ARC shall:

(1) Meet at a minimum once a month to review cases. The resident’s completed packet shall be received by the ARC for review at least one week prior to the scheduled meeting;

(2) Ensure that each resident participating in the SOTS has reached maximum benefit via completion of his or her goals as specified on his or her ITP and outlined by the clinician’s discharge summary proposal;

(3) The SOTS therapist shall present the case, relating the resident’s progress to his or her goals. The therapist shall also provide information on any disciplinary action or behaviors that resulted in the resident being removed from the program, if applicable. Included in the case presentation shall be a description of the resident’s self-management plan for the community to include therapeutic, vocational, educational and housing activities established for transition;

(4) If treatment is not deemed completed, the administrative review committee shall provide recommendations to enhance attainment of treatment goals to the clinician for implementation with the individual;

(5) Determine if the members of the ARC are in agreement with whether a program participant has completed the program or needs further treatment or assessment;

(6) The recommendations of the ARC shall be sent to the parole board. The original Administrative Review Committee Referral and Discharge Form (2019) shall be placed in the resident’s electronic health record, electronic client record and a copy sent to the program participant. Participants shall also receive a copy of their discharge summary; and

(7) If treatment is not deemed completed, the ARC shall provide recommendations to enhance attainment of treatment goals to the clinician for implementation with the resident.

(c) If the ARC members cannot reach an agreement pursuant to 2 above, the SOTS administrator acting as chair of the committee shall make the final recommendation.

(d) No resident shall be considered to have completed the SOTS if he or she have not developed a comprehensive plan including a description of his or her offending cycle, a maintenance contract, and actions to establish community treatment for release.

(e) Once treatment goals have been successfully completed and the resident has an updated cycle of offending and maintenance contract, the SOTS therapist shall make recommendations for the resident’s on-going treatment needs in a discharge summary for use upon release to the community and by the adult parole board for continuity of care and safety planning.

(f) A participant shall have successfully completed the treatment when the participant has demonstrated the ability to apply, both verbally and behaviorally, the skill sets and treatment concepts instilled through treatment.

(g) Completion without full application issues shall be adequately documented in progress notes or through warnings or behavioral contracts.

Source. (See Revision Note at chapter heading for Cor 500) #12793, eff 5-25-19

Cor 505.06 Removal and Re-Admittance.

(a) An individual shall be removed from SOTS for:

(1) Disciplinary infractions related to sexual behaviors;

(2) Multiple instances of non-compliance with program expectations;

(3) Repeatedly not engaging in treatment;

(4) Criminal behaviors; and

(5) Multiple instances of disrupting the treatment milieu.

(b) Termination from treatment shall be utilized as a last resort after all other possible methods to correct behavior has been exhausted.

(c) All potential removals occurring as a result of founded disciplinary or criminal action as determined by security or investigations shall be reviewed as a team with the SOTS administrator, unless emergent removal is required. A meeting shall be offered to the resident to outline reasons they are being considered for removal from treatment.

(d) All removals shall be reviewed by the administrator of SOTS in conjunction with the deputy director of forensic services within 5 calendar days of the removal.

(e) The primary therapist shall notify a participant of any concerns regarding quality of work, behavioral issues, non-compliance with treatment rules, and expectations, and any other area in which the participant is failing to progress in treatment or causing a major disruption to the successful treatment of other group members.

(f) Notification of concern shall occur within 7 working days of identification of the concern(s) as it relates to progress in treatment in order to provide the participant the opportunity to improve in the area of concern and to stay in treatment.

(g) If a participant fails to complete one assignment, or has one absence from any treatment group or meeting, the notification shall occur within 7 days.

(h) If the clinician, after providing written notification, continues to see lack of improvement in the specified areas, then the clinician shall refer the participant to the treatment team for further consideration such as:

(1) Development of a behavioral contract;

(2) Addendum to a behavioral contract; or

(3) Termination from the program.

(i) A plan for re-admittance shall be completed by the resident and reviewed by the primary sexual offender clinician if submitted within 30 calendar days of being removed. A letter shall be sent to the resident who is removed from treatment, explaining why he or she was removed and what he or she was needs to work on for consideration of remittance.

(j) Participants terminated from the program shall be allowed the opportunity to request to re-enter treatment. The former participant shall be eligible to request to return to treatment or placement on the waiting list for previously terminated participants, if applicable, once they have been out of treatment. This request shall only place them on the waiting list and shall not guarantee an automatic entry into treatment. Previously terminated participants shall be taken back into treatment as space allows.

(k) Residents who have previously completed SOTS or community treatment but who have returned on a parole violation shall be assessed within 90 days to determine treatment needs. A treatment plan shall be developed as a result of the new assessment and documented in the electronic health record.

Source. (See Revision Note at chapter heading for Cor 500) #12793, eff 5-25-19

Cor 505.07 Conflicts of Interest. No employee shall engage in any activity, as an employee of the department, on the behalf of a private provider, or as an employer of a community provider, that services the offender population, as that shall be a conflict of interest. An employee shall disclose and report all potential conflict of interest situations to his or her supervisor immediately.

Source. (See Revision Note at chapter heading for Cor 500) #12793, eff 5-25-19

CHAPTER Cor 600 RESIDENT CASE MANAGEMENT

PART Cor 601 PURPOSE AND APPLICABILITY

Cor 601.01 Purpose. The purpose of this chapter is to provide rules that establish the general framework for the case management of residents.

Source. #12891, eff 9-28-19

Cor 601.02 Applicability. This rule shall apply to all NHDOC personnel as well as residents, probationers, parolees, and the public.

Source. #12891, eff 9-28-19

PART Cor 602 DEFINITIONS

Cor 602.01 Definitions.

(a) “Family” means:

(1) Husband;

(2) Wife;

(3) Children, either natural, adoptive, or step;

(4) Mother, either natural, adoptive, or step;

(5) Father, either natural, adoptive, or step;

(6) Grandparents, either natural, adoptive, or step;

(7) Brothers, either natural, adoptive, or step;

(8) Sisters, either natural, adoptive, or step;

(9) Aunts;

(10) Uncles;

(11) Brother’s spouse;

(12) Sister’s spouse;

(13) Legal civil union partners; and

(14) Grandchildren.

(b) “Marriage” means pursuant to RSA 457:1-a, namely, “marriage” is the legally recognized union of 2 people. The term also includes “matrimony”.

Source. #12891, eff 9-28-19

PART Cor 603 MARRIAGE

Cor 603.01 Resident Marriage.

(a) Pursuant to RSA 457:1-a, any person who meets eligibility requirements of RSA 457 may marry any other eligible person regardless of gender.

Source. #12891, eff 9-28-19

CHAPTER Cor 700 PHYSICAL PLANT MANAGEMENT

REVISION NOTE:

Document #12892, effective 9-28-19, contained new Chapter Cor 700 titled “Physical Plant Management” by adopting Part Cor 701 titled “purpose and Applicability”, adopting Part Cor 702 titled “Definitions”, and readopting with amendment and renumbering existing rules Cor 301.01, Cor 301.02, Cor 301.03, and Cor 301.04 as, respectively, Cor 703.01, Cor 703.02, Cor 704.01, and Cor 703.03.

Document #12892 replaces all prior filings for rules Cor 301.01 through Cor 301.04. The prior filings affecting these and other rules in Chapter Cor 300 are listed in Revision Note #1 and Revision Note #2 at the chapter heading for Chapter Cor 300.

PART Cor 701 PURPOSE AND APPLICABILITY

Cor 701.01 Purpose. The purpose of this rule shall be to establish procedures governing physical plant management for New Hampshire department of corrections (NHDOC) facilities.

Source. (See Revision Note at chapter heading for Cor 700) #12892, eff 9-28-19

Cor 701.02 Applicability. This rule shall apply to all staff, residents, and the public.

Source. (See Revision Note at chapter heading for Cor 700) #12892, eff 9-28-19

PART Cor 702 DEFINITIONS

Cor 702.01 “Physical plant” means all buildings on NHDOC property.

Source. (See Revision Note at chapter heading for Cor 700) #12892, eff 9-28-19

PART Cor 703 HEALTH AND SAFETY

Cor 703.01 Health and Safety Inspections.

(a) The housing, industrial, work, recreational, and administrative areas of each facility shall be maintained in a manner, which meets the standards established for the facility by public health authorities in the state of New Hampshire.

(b) The New Hampshire department of health and human services (DHHS), division of public health services, food protection shall be requested to designate an appropriate staff member from its department to inspect at least annually all areas of each facility, with the exception of exempted health services facilities, and to render a written report of the results to the commissioner. The chief administrator of each facility shall comply with the orders, requirements, and recommendations contained in the inspection report or request a waiver from these requirements and recommendations. Items that require additional funding shall be reported by the commissioner of corrections for inclusion in appropriate budgetary documents.

Source. (See Revision Note at chapter heading for Cor 700) #12892, eff 9-28-19

Cor 703.02 Sanitation.

(a) Sanitation in the food service and food storage areas of each facility shall be maintained in a manner that meets He-P 802.23 adopted by the commissioner of the DHHS, for food service and food storage areas.

(b) Departmental facilities shall provide each person in departmental custody and patient of the secure psychiatric unit with access to cleaning supplies, including toilet brushes, brooms, cleansers, and disinfectants to keep their cell clean and to keep the common and public areas of the facility clean.

Source. (See Revision Note at chapter heading for Cor 700) #12892, eff 9-28-19

Cor 703.03 Fire Safety.

(a) The director of the New Hampshire department of safety, division of fire safety, or the local fire department shall be requested to inspect each residential facility of the department and its organizational sub-divisions, residential treatment unit, and the secure psychiatric unit at least annually to determine fire safety, and to report the results to the chief administrator of each facility. The department’s administrator of logistical services shall coordinate such inspections. The chief administrator of each facility shall comply with or shall request a waiver from the requirements and recommendations of the director of the New Hampshire department of safety, division of fire safety, or local fire department. Items that require additional funding shall be reported by the commissioner for inclusion in appropriate budget submissions.

(b) There shall be fire and emergency evacuation plans for each facility that are reviewed regularly and updated as necessary and such document shall be submitted to and approved by the state fire marshal.

(d) The department shall provide employees with training in fire safety, fire prevention, and limited firefighting.

(e) There shall be a written fire and disaster plan for each facility that shall include detailed actions to take in the event of fire or similar disaster at the facility. Such plan shall include evacuation as an option or such other approaches to minimize damage, injury, loss of life, or breaches of security in such situations as determined to be the most pragmatic by the state fire marshal and the administrator of logistical services in consultation with the chief administrator of each facility.

Source. (See Revision Note at chapter heading for Cor 700) #12892, eff 9-28-19

PART Cor 704 SERVICES

Cor 704.01 Food Service.

(a) The New Hampshire department of health and human services, division of public health services, food protection or its designee shall be requested at least annually to inspect all food service areas of departmental facilities and to render a written report of the results of its inspection. The chief administrator of each facility shall comply with the requirements and recommendations contained in the inspection report or request a waiver from these requirements and recommendations. Items that require additional funding shall be reported by the commissioner of corrections for inclusion in appropriate budgetary documents.

(b) Each resident shall be given the opportunity to have 3 wholesome and nutritious meals each day served with proper eating and drinking utensils.

(c) Efforts shall be made to ensure that food that is supposed to be served hot shall be served hot, and food that is supposed to be served cold shall be served cold.

(d) Restrictions on the type of food or utensils provided to a resident shall be imposed if the resident throws his or her food or uses his or her food to make the area unclean, unhealthy, unsafe, or is likely to use such items as weapons against others or as a mechanism for self-injury.

(e) Each resident shall be served the same quality of food in a quantity sufficient to meet the resident’s nutritional needs.

(f) Availability of medical or religious diets shall not be dependent upon custodial or disciplinary status.

(g) There shall be a process in place that establishes a changing menu that provides for a regular variety in meals.

(h) The food served to residents shall be properly prepared and served under the direction of the food services supervisor.

(i) Menu planning, food purchasing, and sanitation shall be overseen by a dietician in consultation with the food services supervisor to ensure that meals are wholesome and nutritious. The food services supervisor shall provide staff and residents guidance in food handling and preparation.

(j) Food shall be served, prepared, and stored in accordance with He-P 803.20 adopted by the commissioner of DHHS. Food service equipment shall be maintained in good working condition.

(k) All kitchen employees including residents shall be trained in the handling and preparation of food and medical diets by staff chefs and shift supervisors in consultation with the food services supervisor and dietician. Staff hired for food service duty shall be qualified by experience, training, or education for the position.

(l) There shall be documentation that all persons who assist in the preparation or serving of food shall report information about their health, as it relates to diseases that are transmissible through food, in a manner that allows the person in charge to prevent the likelihood of food-borne disease transmission in compliance with the provisions of He-P 2307.02.

(m) Each resident who requires a medical diet certified by medical personnel shall be provided a diet to meet their medical needs.

(n) Diets for religious purposes shall be made available by the use of substitutes of approximate equivalent nutritional value, as determined by the department's dietician for those food items, which conflict with the dietary requirements of the resident’s religion.

Source. (See Revision Note at chapter heading for Cor 700) #12892, eff 9-28-19

APPENDIX A

Rule			Specific State Statute the Rule Implements
Cor 101.01-101.04			RSA 21-H:13, I; RSA 541-A:16, I (a)
Cor 101.05			RSA 21-H:2, II; RSA541-A:16, I (a)
Cor 101.06 – 101.07			RSA 21-H:13, I; RSA541-A:16, I (a)
Cor 101.08			RSA 21-H:2, V; RSA 541-A:16, I (a)
Cor 101.09			RSA 21-H:5, I, A; RSA 541-A:16, I (a)
Cor 101.10-101.12			RSA 21-H:14; RSA 541-A:16, I (a)
Cor 101.13			RSA 21-H:13, I; RSA 541-A:16, I (a)
Cor 101.14			RSA 21-H:13, I; RSA 541-A:16, I (a)
Cor 101.15			RSA 21-H:13, I; RSA 541-A:16, I (a)
Cor 101.16			RSA 21-H:13, I; RSA 622:44; RSA 541-A:16, I (a)
Cor 101.17			RSA 21-H:13, III (a); RSA, 541-A:16, I (a)
Cor 101.18			RSA 21-H:13, I; RSA 541-A:16, I (a)
Cor 101.19			RSA 21-H:13, II; RSA 541-A:16, I (a)
Cor 101.20			RSA 21-H:13, III (a); RSA 541-A:16, I (a)
Cor 101.21			RSA 21-H-13, III (a); RSA 541-A:16, I (a)
Cor 101.22			RSA 21-H:13, III (a), (b), (c), (d), (e); RSA 541-A:16, I (a)
Cor 101.23			RSA 21-H:13, I; RSA 541-A:16, I (a)
Cor 101.24			RSA 21-H:13, III (a); RSA 541-A:16, I (a)
Cor 101.25			RSA 622:44; RSA 541-A:16, I (a)
Cor 101.26			RSA 541-A:16, I (a)
Cor 101.27			RSA 622:44; RSA 541-A:16, I (a)
Cor 101.28			RSA 541-A:16, I (a)
Cor 101.29			RSA 21-H:13, III (a); RSA 541-A:16, I (a)
Cor 101.30			RSA 21-H:13, I; RSA 541-A:16, I (a)
Cor 101.31			RSA 21-H:13, I; RSA 541-A:16, I (a)
Cor 101.32			RSA 21-H:13, I; RSA 541-A:16, I (a)
Cor 101.33			RSA 21-H:13, I; RSA 541-A:16, I (a)
Cor 102.01(a)(1)			RSA 21-H:3, II (a); RSA 541-A:16, I (a)
Cor 102.01(a)(2)			RSA 21-H:3, II (b); RSA 541-A:16, I (a)
Cor 102.01(a)(3)			RSA 21-H:8, XI (a); RSA 541-A:16, I (a)
Cor 102.01(a)(4)			RSA 21-H:3, II (c); RSA 541-A:16, I (a)
Cor 102.01(a)(5)			RSA 21-H:8, X; RSA 541-A:16, I (a)
Cor 102.01(a)(6)			RSA 21-H:8, II (e); RSA 541-A:16, I (a)
Cor 102.01(a)(7)			RSA 651:2, V (e); RSA 541-A:16, I (a)
Cor 102.02(a)			RSA 21-H:4, I (a)-(c); RSA 21-H:5, I (a); 541-A:16, I (a)
Cor 102.02(b)			RSA 21-H:4, II; RSA 21-H:5, I (a); RSA 541-A:16, I (a)
Cor 102.02(c)			RSA 21-H:4, I (b); RSA 21-H:5, I; RSA 541-A:16, I (a)
Cor 102.02(d)			RSA 21-H:4, IV; RSA 21-H:5, I (a); RSA 541-A:16, I (a)
Cor 102.02(e)			RSA 21-H:6, V; RSA 21-H:10, I; RSA 541-A:16, I (a)
Cor 102.02(f)			RSA 21-H:6, V; RSA 21-H:10, I; RSA 21-H:11; RSA 541-A:16, I (a)
Cor 102.02(g)			RSA 21-H:6, V; RSA 541-A:16, I (a)
Cor 102.02(h)			RSA 21-H:6, II; RSA 541-A:16, I (a)
Cor 102.02(i)			RSA 21-H:4, VI; RSA 21-H:5, IRSA 21-H:6, IV; RSA 541-A:16, I (a)
Cor 102.02(j)			RSA 21-H:4, V; RSA 21-H:5, I, RSA 21-H:6, III; RSA 541-A:16, I (a)
Cor 102.02(k)			RSA 21-H:4, VII; RSA 21-H:5, I;RSA 21-H:6, IV(a); RSA 541-A:16, I (a)
Cor 103.01			RSA 21-H:4; RSA 541-A:16, I (a)

	Cor 201.01	RSA 541-A:30-a, II
	Cor 201.02	RSA 541-A:30-a, II, V
	Cor 202.01	RSA 541-A:1; 541-A:30-a, II
	Cor 203.01	RSA 541-A:29-39
	Cor 203.02	RSA 541-A:30-a, III, (k); 541-A:36
	Cor 203.03	RSA 541-A:22, IV; 541-A:30-a, III (j)
	Cor 204.01	RSA 541-A:29-35; 541-A:30-a, III (a)
	Cor 204.02	RSA 541-A:29-35; 541-A:30-a, III (a)
	Cor 204.03	RSA 541-A:29-35; 541-A:30-a, III (a)
	Cor 205.01	RSA 541-A:29-35; 541-A:30-a, III (f)
	Cor 206.01	RSA 541-A:29-35; 541-A:30-a, III (a)
	Cor 207.01	RSA 541-A:31, I-II
	Cor 207.02	RSA 541-A:29-39; 541-A:31, I-II
	Cor 207.03	RSA 541-A:31, III
	Cor 207.04	RSA 311:1; 311:7; 541-A:30-a, III (b)
	Cor 207.05	RSA 541-A:31, V; 541-A:38
	Cor 208.01	RSA 541-A:32; 541-A:30-a, III (g)
	Cor 208.02	RSA 541-A:32; 541-A:30-a, III (g)
	Cor 209.01	RSA 541-A:30-a, III (h)
	Cor 210.01	RSA 541-A:30-a, III (c)
	Cor 211.01	RSA 541-A:30-a, III (h)
	Cor 211.02	RSA 541-A:29-39
	Cor 212.01		RSA 541-A:30-a, III (c)
	Cor 212.02		RSA 541-A:30-a, III (c)
	Cor 213.01		RSA 541-A:31, VI
	Cor 213.02		RSA 541-A:30-a, III (d), (e)
	Cor 213.03		RSA 541-A:33
	Cor 213.04		RSA 541-A:33
	Cor 213.05		RSA 541-A:31, VI (c); 541-A:35
	Cor 213.06		RSA 541-A:31; 541-A:33
	Cor 213.07		RSA 541-A:31; 541-A:33; 541-A:30-a, III (i)
	Cor 213.08		RSA 541-A:34-35; 541-A:30-a, (e)
	Cor 214.01		RSA 541-A:16, I (b)(3)
	Cor 214.02		RSA 541-A:16, I (b)(3)
	Cor 214.03		RSA 541-A:16, I (b)(3)
	Cor 214.04		RSA 541-A:16, I (b)(3)
	Cor 214.05		RSA 541-A:16, I (b)(3)
	Cor 215.01		RSA 541-A:16, I (c)
	Cor 215.02		RSA 541-A:16, I (d)
	Cor 215.03		RSA 541-A:16, I (c), (d)
	Cor 216.01		RSA 541-A:11, VII
	Cor 216.02		RSA 541-A:11, VII
	Cor 217.01		RSA 541-A:16, I (c), (d)

	Cor 301.01		RSA 21-H:13, I, II
	Cor 301.01		RSA 21-H:13, I, II
	Cor 301.02		RSA 21-H:13, I, II
	Cor 301.03		RSA 21-H:13, I, II
	Cor 301.04		RSA 21-H:13, I, II
	Cor 302.01		RSA 21-H:13, III (c), RSA 194:60
	Cor 302.02		RSA 21-H:13, III (h)
	Cor 302.04		RSA 21-H:13, III (i), 516 US 804 (1996)
	Cor 302.05		RSA 21-H:13, III (j)
	Cor 302.06		RSA 21-H:13, III
	Cor 302.07		RSA 21-H:13, III
	Cor 305		RSA 21-H:13, I, II and III(a)
	Cor 306.01		RSA 21-H:13, I, II, II-a, and VI
	Cor 306.02		RSA 21-H:13, I, II, II-a
	Cor 306.03		RSA 21-H:13, I, II, II-a, RSA 622:6-a
	Cor 306.04		RSA 21-H:13, I, II, II-a
	Cor 307.01		RSA 21-H:13, III (i)
	Cor 307.02		RSA 21-H:13, III (i)
	Cor 307.03		RSA 21-H:13, III (i)
	Cor 307.04		RSA 21-H:13, III (i)
	Cor 307.05		RSA 21-H:13, III (i)
	Cor 307.06		RSA 21-H:13, III (i); RSA 651:25
	Cor 307.07		RSA 21-H:13, III (i)
	Cor 307.08		RSA 21-H:13, III (i)
	Cor 308.01		RSA 651:2, V (e)
	Cor 309.01		RSA 651:2, V (e)
	Cor 310.01		RSA 21-H:13, V
	Cor 312		RSA 21-H:13, I, II and III(a)
	Cor 313		RSA 21-H:13, I, II and II-a
	Cor 313.03		RSA 21-H:13, I, II and III(a)
	Cor 314		RSA 21-H:13, I, II and III(a)

	Cor 401		RSA 21-H:13, III(a)

	Cor 402		RSA 21-H:13, III(a)
	Cor 403.01		RSA 21-H:13, III(a); RSA 622:23
	Cor 403.02		RSA 21-H:13, III(a)
	Cor 404		RSA 21-H:13,III(a)
	Cor 405		RSA 21-H:13, III(a)
	Cor 406		RSA 21-H:13, III(a)
	Cor 407		RSA 21-H:13, III(a)
	Cor 408.01		RSA 21-H:13, III(a); RSA 651:25
	Cor 408.02		RSA 21-H:13, III(a)
	Cor 408.03		RSA 21-H:13, III(a)
	Cor 408.04		RSA 21-H:13, III(a)
	Cor 409		RSA 21-H:13, III(a)
	Cor 409.01		RSA 21-H:13, I, II and III(i)
	Cor 410		RSA 21-H:13, III(a)
	Cor 411		RSA 21-H:13, III(a)

	Cor 412.01		RSA 21-H:13, III(a)
	Cor 412.02		RSA 21-H:13, III(a)
	Cor 412.03		RSA 21-H:13, III(a)

	Cor 501		RSA 21-H:13,III(a)
	Cor 501.02		RSA 21-H:13, IV
	Cor 502.01		RSA 21-H:13,III(a)
	Cor 502.02		RSA 21-H:13,III(a)
	Cor 502.03		RSA 21-H:13,III(a)
	Cor 502.04		RSA 21-H:13,III(a)
	Cor 502.05		RSA 21-H:13,III(a)
	Cor 502.06		RSA 21-H:13,III(a)
	Cor 502.07		RSA 21-H:13,III(a)
	Cor 502.08		RSA 21-H:13,III(a)
	Cor 502.09		RSA 21-H:13,III(a)
	Cor 502.10		RSA 21-H:13,III(a); RSA 611-B:12
	Cor 502.11		RSA 21-H:13, IV
	Cor 502.12		RSA 21-H:13, II-a
	Cor 503		RSA 21-H:13,III(a)
	Cor 504		RSA 21-H:13,III(a)
	Cor 505		RSA 21-H:13,III(a)

	Cor 601		RSA 21-H:13, III
	Cor 602		RSA 21-H:13, III
	Cor 603		RSA 21-H:13, III

	Cor 701		RSA 21-H:13, I, II and II-a
	Cor 702		RSA 21-H:13, I, II and II-a
	Cor 703		RSA 21-H:13, I, II and II-a
	Cor 704		RSA 21-H:13, I, II and II-a

APPENDIX B: INCORPORATED BY REFERENCES

Rule	Title (Date)	Obtain From:
Cor 505.03 (p)	American Polygraph Association Standards of Practice (2019)	NH Department of Corrections 105 Pleasant Street Concord, NH 03301 Phone: (603) 271-5603 Fax: (603) 271-5643 Download at no charge from: http://www.polygraph.org/apa-bylaws-and-standards
Cor 505.03 (p)	ATSA Professional Code of Ethics (2017)	NH Department of Corrections 105 Pleasant Street Concord, NH 03301 Phone: (603) 271-5603 Fax: (603) 271-5643 Download at no charge from: https://www.atsa.com/Public/Ethics/ATSA_2017_Code_of_Ethics.pdf

Rule

Title (Date)

Obtain From:

Cor 505.03 (p)

American Polygraph Association

Standards of Practice (2019)

NH Department of Corrections

105 Pleasant Street
Concord, NH 03301

Phone: (603) 271-5603

Fax: (603) 271-5643

Download at no charge from:

http://www.polygraph.org/apa-bylaws-and-standards

Cor 505.03 (p)

ATSA Professional Code of Ethics (2017)

NH Department of Corrections

105 Pleasant Street
Concord, NH 03301

Phone: (603) 271-5603

Fax: (603) 271-5643

Download at no charge from:

https://www.atsa.com/Public/Ethics/ATSA_2017_Code_of_Ethics.pdf