Section Cor 408.05 - Regaining Reduced Custody Status(a) A resident who is returned from reduced custody status for disciplinary reasons shall be subject to disciplinary action.(b) If the resident is found guilty at a disciplinary hearing, a classification evaluation shall be conducted to determine whether this infraction is cause to change the resident's custody level.(c) If the resident's custody level recommendation remains C-1 or C-2 that resident shall be returned to the reduced custody program: (1) 30 days after pleading guilty to or being found guilty of a minor, B-level, offense; or(2) 60 days after pleading guilty to or being found guilty of a major, A-level, offense.(d) Residents may be returned to reduced custody sooner with extenuating circumstances that shall include, but not be limited to, accident, injury, illness, death of a family member, or other circumstance beyond the resident's control. Operational needs of a facility shall also be considered, and shall include but not be limited to, housing availability, program availability, resident, staff and public safety. This shall be approved only after a review of public risk in accordance with Cor 406.02 and if approved by the administrator of classification and client records.(e) If the resident is found not guilty of the offense they shall be returned to the previous custody at the first available bed.(f) When a resident is reclassified to C-3 or higher custody level, from either C-2 or C-1 level, he or she shall return to the higher custody level and shall not be eligible for reduced custody until their next regularly scheduled classification evaluation, unless there is a change in his or her status that warrants earlier review. If the resident is again recommended for reduced custody at that time he or she shall be placed on the appropriate waiting list and shall move as bed space becomes available.(g) Disputes resulting from removal from reduced custody shall be settled using the grievance process pursuant to Cor 313.N.H. Admin. Code § Cor 408.05
Derived from Volume XXXIX Number 24, Filed June 13, 2019, Proposed by #12777, Effective 5/11/2019, Expires 5/11/2029.