N.H. Admin. Code § Cor 305.10

Current through Register No. 41, October 10, 2024
Section Cor 305.10 - Official Business Visits
(a) Space shall be set aside for attorney visits that shall provide privacy when attorney-client confidentially is required.
(b) All attorneys visiting a resident shall be subject to the visitor approval process pursuant to Cor 305.11, Cor 305.12, Cor 305.13, and Cor 305.14.
(c) The following shall apply to all attorney visits:
(1) Attorney visits shall occur during normal business hours;
(2) Attorney visits shall be coordinated through the warden's office at the facility where the client resides;
(3) If an attorney visit is requested outside of a NHDOC resident's normal visiting time, and the attorney can articulate why he or she cannot wait until the resident's regularly scheduled visit, the warden or designee shall approve an exception and allow a visit, which shall be considered a "special visit;"
(4) An attorney visit shall be made for the purpose of conducting legal business and not for the purpose of social visitation;
(5) All attorneys shall be subject to the same rules as regular visitors except as noted within Cor 305.20(h);
(6) Attorneys shall not be required to be on the resident's approved visitors list;
(7) An attorney wishing to visit his or her client at a NHDOC facility shall be required to complete and submit all applicable forms pursuant to Cor 305.13 and Cor 305.14 to be registered as a NHDOC business visitor;
(8) No attorney visits shall be authorized prior to an attorney completing all requisite paperwork, having a background check completed, and being granted access to NHDOC facilities by the approving authority;
(9) An attorney shall not switch from being an attorney to an active visitor on a resident's approved visitors list; and
(10) Attorney visits shall not count toward the authorized allotment of visits a resident is entitled.
(d) Official business visits shall be with members of a governmental office or post of authority, or representatives from non-profit organizations to include individuals representing those offices.
(e) The following shall apply to all official business visits:
(1) All official business visits shall require the approval of the warden, director or designee of the facility in which the visit shall take place, prior to the visit occurring;
(2) Official business visits shall not count toward the authorized allotment of visits a resident is entitled;
(3) All official business visitors shall be subject to the visitor approval process pursuant to Cor 305.11, Cor 305.12, Cor 305.13 and Cor 305.14;
(4) The commissioner, warden, director, or his or her designee shall authorize that the required background investigation, pursuant to Cor 305.14 be waived for government entities visiting for one time only; and,
(5) All official business visitors shall be subject to the same rules and regulations as regular visitors except as noted within to Cor 305.20(h).
(f) The following procedures for official business visitors shall apply:
(1) All official business visitors shall enter through the designated entrance at each facility;
(2) All official business visitors shall sign the visitor's log and shall be issued a visitor's badge to be worn on the left breast area of the outer garment;
(3) A picture identification for the official business visitor and the name of the resident to be visited shall be provided to the officer on duty; and
(4) A staff member shall escort all official business visitors while inside the secure perimeter.
(g) Visits shall be denied or restricted when:
(1) Security or safety is jeopardized by any individual; or
(2) If visitation by specific individual(s) would be detrimental to the behavioral health interests of the resident involved as determined and documented by behavioral health staff, or a treating medical provider.

N.H. Admin. Code § Cor 305.10

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