N.H. Admin. Code § 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).

(c) Residents shall be eligible to apply for AHC if:

(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.

Notes

N.H. Admin. Code § Cor 408.01

Derived from Volume XXXIX Number 24, Filed June 13, 2019, Proposed by #12777, Effective 5/11/2019, Expires 5/11/2029.