N.H. Admin. Code § Cor 305.07

Current through Register No. 41, October 10, 2024

Section Cor 305.07 - Resident Access to Visitation Privileges

(a) For residents seeking access to visitation, a corrections counselor/case manager (CC/CM) shall review each resident's NHDOC Electronic Client Record (ECR) and documents within the Electronic Data Storage Area (EDSA) to determine if the resident has a history of violent or sexual crimes committed against children or adults.

(b) The CC/CM shall initiate the records review by preparing a NHDOC "Resident Visitation Enrollment and Routing Form."

(c) NHDOC staff shall provide the following information on the NHDOC "Resident Visitation Enrollment and Routing Form" and forward it to the next applicable staff location as follows:

(1) The CC/CM shall provide the following:

a. The resident's full legal name;

b. The resident's NHDOC identification number;

c. The date the review was initiated;

d. The name of the CC/CM assigned to initiate the review;

e. All current and previous applicable charges; and

f. The CC/CM shall sign and date the form and forward it to the victim services bureau of the NHDOC;

(2) Upon receipt, the victim services bureau staff shall evaluate the preliminary finding(s) and document on the NHDOC "Resident Visitation Enrollment and Routing Form" the following:

a. That current and prior charges as well as any indictments have been reviewed and documented;

b. That the pre-sentence investigation, if applicable was reviewed;

c. That a review of notes prepared by NHDOC probation and parole staff within the ECR was conducted, if applicable;

d. That notes within the ECR pertaining to program completion, notes made by the Administrative Review Committee (ARC) as defined in Cor 501.02, and probation conditions pertaining to contact with minors have been reviewed, if applicable; and

e. That victim services staff have contacted staff within the sexual offender treatment program and behavioral health units if applicable;

(3) Victim services staff shall then supply on the NHDOC "Resident Visitation Enrollment and Routing Form" recommendations based on the data contained within a resident's ECR and information obtained from applicable programming staff;

(4) Victim services shall make one of the following recommendations:

a. Approve unchaperoned visits with minor children;

b. Deny visits with minor children unless accompanied by a trained/certified chaperone pursuant to Cor 305.16;

c. Deny visitation with minor children;

d. Approve unchaperoned visitation with a vulnerable adult visitor;

e. Deny visits with an adult visitor unless accompanied by a trained/certified chaperone pursuant to Cor 305.16;

f. Deny visitation with an adult visitor; or

g. No visitation restrictions shall be required if no history of violent crimes against minors or adults exists.

(5) A representative from victim services shall sign and date the NHDOC "Resident Visitation Enrollment and Routing Form" and forward the signed form to the warden, director or designee of the facility in which the resident resides;

(6) The warden, director or designee shall make the final decision based on recommendations made by victim services staff and information obtained during the record review pursuant to Cor 305.07;

(7) To ensure the safety of visitors, residents, the public and staff, the warden, director, or designee shall make one of the following determinations based on information contained within the ECR; information considered shall include, but not be limited to, criminal history, court documents, program participation and completion, and resident conduct to include disciplinary infractions. Information shall be provided by NHDOC staff which includes but is not limited to CC/CM's, victim services staff and probation and parole staff:

a. Approve unchaperoned visits with minor children;

b. Deny visits with minor children unless accompanied by a trained/certified chaperone pursuant to Cor 305.16;

c. Deny visitation with minor children;

d. Approve unchaperoned visits with a vulnerable adult visitor;

e. Deny visits with a vulnerable adult visitor unless accompanied by a trained/certified chaperone pursuant to Cor 305.16;

f. Deny visitation with a vulnerable adult visitor;

g. No visitation restrictions shall be required if no history of violent crimes against minors or adults exists.

(8) The warden, director, or designee shall make additional notes relative to the case as needed and document any restriction(s) or exception(s), which may be unique to the resident and his or her individual case; and

(9) The warden, director, or designee shall then sign and date the completed form and forward the completed form to visitation room staff who shall enter the NHDOC "Resident Visitation Enrollment and Routing Form" into the residents ECR.

(d) Resident access to official business visitors shall not be impacted by statuses, which would preclude a resident from receiving regularly scheduled visits.

(e) Access to visitation shall be a privilege.

(f) The following shall affect a resident's eligibility to participate in visitation:

(1) While a resident is in a quarantine status, unless exigent circumstances exist which shall include, but not be limited to, death of a family member or a confirmable family emergency, requests for authorization shall be made to the warden, director, or designee of the facility in which the resident resides;

(2) The resident shall be required to be free of any bans on visitation, which have been incurred as a result of disciplinary action taken against the resident;

(3) The resident shall not be in disciplinary confinement to cell (DCC) status as described within Cor 410.09;

(4) The resident shall not be on precautionary watches or in pending administrative review (PAR) status; and

(5) Residents in PAR status or on a precautionary watch shall be required to receive written approval from the warden, director or designee of the facility prior to any visit.

(g) Residents who are placed in a DCC status shall be eligible to receive official business visitors only, pursuant to Cor 305.10.

(h) It shall be the resident's responsibility to notify prospective visitors when he or she has been placed in a status, which precludes him or her from receiving visits.

(i) C1, C2, and C3 residents shall be authorized a minimum of one visit weekly.

(j) C4 residents shall be authorized a minimum of 2 visits monthly.

(k) C5 residents shall be authorized a minimum of one visit monthly.

(l) Women who reside at a NHDOC facility, who have given birth while incarcerated, shall be authorized 2 additional visits per week with the newborn, for a period not to exceed 8 months post-delivery.

(m) The visitor accompanying the newborn shall be required to meet all eligibility criteria set forth within Cor 305.12.

(n) Visits shall be contingent upon the facility's ability to accommodate the visit.

(o) Visits from official business visitors shall not be counted against the allotted number of authorized resident visits.

N.H. Admin. Code § Cor 305.07

Derived from Volume XLI Number 6, Filed February 11, 2021, Proposed by #13154, Effective 1/5/2021, Expires 1/5/2031.