N.H. Admin. Code § 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.

Notes

N.H. Admin. Code § Cor 408.03

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