Section 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: (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.N.H. Admin. Code § Cor 305.05
(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.Amended by Volume XLI Number 6, Filed February 11, 2021, Proposed by #13154, Effective 1/5/2021, Expires 1/5/2031.