N.H. Admin. Code § 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).

Notes

N.H. Admin. Code § Cor 309.01

(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

Amended by Volume XXXVII Number 41, Filed October 12, 2017, Proposed by #12396, Effective 9/29/2017, Expires 3/28/2018. Amended by Volume XXXVIII Number 15, Filed April 12, 2018, Proposed by #12502, Effective 3/23/2018, Expires 3/23/2028.