N.H. Admin. Code § Cor 407.10

Current through Register No. 50, December 12, 2024

Section Cor 407.10 - Unit Classification Evaluations

(a) Residents housed out-of-state or in other facilities shall be subject to the classification procedures of that institution. That institution shall submit the proposed classification for approval by the New Hampshire department of corrections. The department shall approve the recommended classification if the resident would qualify for the classification pursuant to Cor 400. The department shall deny the proposed classification if requirements set forth within Cor 400 are not met. Classification evaluations for state residents housed at county facilities shall be done telephonically or electronically.

(b) Each resident residing in a departmental facility shall attend a unit classification evaluation at least on an annual basis.

(c) For other than annual unit classification evaluations, residents residing in a departmental facility shall be requested to attend unit classification evaluations. After notification, if the resident chooses not to participate, the resident shall notify the unit supervisor in writing.

(d) A recommendation for an unscheduled reclassification evaluation shall be made for a resident by the unit supervisor of the housing unit of the resident or by the classification staff in cases where new information is obtained or in cases where the behavior of the resident, either positive or negative, warrants earlier consideration.

(e) The schedule for standard reviews for reclassification shall be as follows:

(1) C-5 residents assigned to the special housing unit shall be reviewed every 3 months by the unit team, except for death sentence residents per Cor 407.05(e), and:

a. The warden shall review every case in which a resident has resided in the special housing unit in excess of 3 consecutive months;

b. The commissioner shall review every case in which a resident has resided in the special housing unit in excess of 6 consecutive months;

c. A new case management plan shall be required as follows each time a C-5 resident is evaluated after the first 6 months and:

1. The case management plan shall specifically state what the resident must do to be reclassified to a lower custody and a timeframe for such re-evaluation; and

2. A copy of the plan shall be given to the resident; and

d. The warden shall be notified each time a resident is moved into or out of the special housing unit;

(2) C-4 residents shall be reviewed every 6 months, or earlier, if considered appropriate, pursuant to (f), below, by the unit team or the classification staff, and:

a. C-4 residents accepted into a therapeutic community shall receive a classification override of one step to C-3 custody in order to fully participate in the curriculum; and

b. Therapeutic community staff shall evaluate the custody level of all residents and facilitate a classification evaluation to determine the current needs of all residents leaving the therapeutic community;

(3) C-3 residents shall be reviewed every 6 months, or earlier, if considered appropriate, pursuant to (f) below, by the unit supervisor or the classification staff, for those residents with less than 3 years to their minimum parole date, except for those with a consecutive sentence to serve;

(4) C-3 residents shall be reviewed every year, or earlier, if considered appropriate, pursuant to (f) below, by the unit supervisor or the classification staff, for those residents with more than 3 years to their minimum parole date or who have a consecutive sentence to serve;

(5) C-2 residents shall be reviewed every 6 months, or earlier, if considered appropriate, pursuant to (f), below, by the unit supervisor or the classification staff, for those residents with less than 3 years to their minimum parole date, except for those with a consecutive sentence to serve; and

(6) C-1 residents shall not be reviewed unless:

a. They are charged with a major disciplinary infraction;

b. They are charged with multiple minor disciplinary infractions; or

c. They are having difficulty adjusting to living and working in the community.

(f) Reviews for reclassification shall be held earlier than the schedule in (e), above, based upon, but not limited to, the following:

(1) Changes in the disciplinary record of the resident;

(2) Court orders;

(3) Changes in the sentence of the resident;

(4) New sentences;

(5) Changes in the physical health of the resident; and

(6) Changes in the behavioral health of the resident.

(g) The case manager of the resident shall automatically schedule the resident for reviews in accordance with the time frames above and notify the resident that a unit classification evaluation has been scheduled. Residents who believe they have legitimate reasons for an earlier review may request review consideration to the unit supervisor via a "Request Slip" form pursuant to Cor 312.

(h) It shall be the case manager's responsibility one week prior to the unit evaluation to have the re-entry plan of the resident updated and available for review at the unit classification evaluation. No reclassification reconsideration shall be made without written documentation for review at the unit classification evaluation. It shall be the responsibility of the resident to inform the case manager of completion of any program so appropriate notations can be made on the plan.

N.H. Admin. Code § Cor 407.10

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