N.H. Admin. Code § 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.
Notes
(See Revision Note at chapter heading for Cor 300) #7448, eff 2-6-01; ss by #9383, INTERIM, eff 2-3-09, EXPIRES: 8-3-09; ss by #9508, eff 7-8-09
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