reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 622 - The State Prisons › Section 622:7 - Duties of Commissioner of Corrections.

622:7 Duties of Commissioner of Corrections. –
It shall be the duty of the commissioner of corrections:
I. To receive, safely keep, and employ in the prisons all convicts pursuant to their sentence and until discharged according to law. The commissioner may employ convicts outside of the prison walls, upon terms to be prescribed by the commissioner. A prisoner, while so employed, or while going to or from the prisons in connection with such employment, shall be deemed to be in prison as far as all laws relating to escape, attempts to escape, and aiding escape are concerned.
II. To have the custody and superintendence of all persons confined in the prisons, and of all property belonging thereto.
III. To obey and enforce all orders, bylaws, and regulations which the commissioner may make for the management of the prisons.
IV. To command the military guard for the prisons.
V. To be the fiscal officer of the prisons.
VI. To keep a regular and true account upon the books of the prisons of all money received and expended on account of the prisons and of all their concerns.
VII. Not to be a contractor for the prisons and not to be interested in any contract therewith.
VIII. [Repealed.]
IX. To conduct and manage the industries at the prisons.
X. To conduct and manage the educational program of the prisons.
Source.
RS 227:6. CS 242:6. GS 270:6. GL 288:6. PS 285:7. 1917, 45:2. PL 400:8. 1927, 101:2. 1941, 15:1. RL 464:8. RSA 622:7. 1977, 600:36. 1988, 170:4, I, eff. June 25, 1988. 1998, 386:5, eff. Aug. 26, 1998.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 622 - The State Prisons › Section 622:7-a - Prisoner's Fund.

622:7-a Prisoner's Fund. –
Notwithstanding RSA 6:11, any interest accruing on moneys in any account established by the commissioner of corrections for the benefit of prisoners and their families or dependent relatives is hereby continually appropriated to the state prisons and may be expended by the commissioner of corrections for the benefit of all prisoners.
Source.
1975, 304:1. 1998, 386:16, eff. Aug. 26, 1998.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 622 - The State Prisons › Section 622:8 - Committals.

622:8 Committals. –
Whenever any convict shall be sentenced to confinement at hard labor the court shall order the sheriff of the county to remove him to the state prisons and deliver him to the commissioner of corrections.
Source.
RS 227:7. CS 242:7. GS 270:7. GL 288:7. PS 285:8. PL 400:9. RL 464:9. 1998, 386:16, eff. Aug. 26, 1998.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 622 - The State Prisons › Section 622:9 - Mittimus; Return.

622:9 Mittimus;  Return. –
The clerk of the court shall deliver a copy of the conviction, judgment and order issued pursuant to RSA 622:8 to the sheriff, who shall deliver the same, with a copy of his return indorsed thereon, to the commissioner of corrections, and shall make due return to the court of the service of the order, upon an attested copy thereof.
Source.
RS 227:8. CS 242:8. GS 270:8. GL 288:8. PS 285:9. PL 400:10. RL 464:10.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 622 - The State Prisons › Section 622:10 - United States Prisoners.

622:10 United States Prisoners. –
The commissioner of corrections shall receive all convicts sentenced to confinement to hard labor by any court of the United States within this state who may be delivered to him by the marshal of the district or his deputy, and shall safely keep such convicts until discharged by due course of the laws of the United States.
Source.
RS 227:14. CS 242:14. GS 270:14. GL 288:14. PS 285:10. PL 400:11. RL 464:11.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 622 - The State Prisons › Section 622:11 - Illegal Privileges.

622:11 Illegal Privileges. –
A person employed in the prisons is guilty of a misdemeanor if he negligently suffers a prisoner to be at large, or to be visited, comforted, or relieved contrary to the regulations of the prisons or the terms of the sentence of the prisoner, and is guilty of a class B felony if he knowingly allows a controlled substance to be passed to a prisoner.
Source.
RS 227:11. CS 242:11. GS 270:11. GL 288:11. PS 285:11. PL 400:12. RL 464:12. RSA 622:11. 1977, 588:21. 1998, 386:6, eff. Jan. 1, 1999.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 622 - The State Prisons › Section 622:14 - Discipline.

622:14 Discipline. –
The commissioner of corrections may offer suitable encouragement and indulgences to those convicts who distinguish themselves by obedience, industry, and faithfulness, and may punish any convict guilty of insolence or ill language to any officer of the prisons or guilty of obstinate and refractory behavior by solitary imprisonment not more than 30 days at one time or by such other reasonable and effective modes of punishment and discipline as the commissioner of corrections may from time to time prescribe.
Source.
RS 227:15. CS 242:15. GS 270:16. GL 288:16. 1885, 72:1. PS 285:15. PL 400:16. RL 464:15. 1998, 386:16, eff. Aug. 26, 1998.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 622 - The State Prisons › Section 622:15 - Communication by Inmates with Commissioner of Corrections, etc.

622:15 Communication by Inmates with Commissioner of Corrections, etc. –
Whenever a prisoner desires to communicate with the governor and council, the commissioner of corrections, or the attorney general, he shall be permitted to do so in a direct manner, without any supervision being exercised over his letters by the prison officials or other persons.
Source.
1879, 97:1. PS 285:16. PL 400:17. RL 464:16. 1949, 25:1, eff. Feb. 23, 1949.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 622 - The State Prisons › Section 622:16 - Supplies for Discharged Prisoners.

622:16 Supplies for Discharged Prisoners. –
The commissioner of corrections may furnish, at the expense of the state, to each convict discharged from the prisons a suit of clothes, decent and suitable for the season in which he is discharged, and a sum of money, not more than $ 100.
Source.
RS 227:16. CS 270:17. GS 242:16. GL 288:17. PS 285:17. 1903, 84:1. PL 400:18. RL 464:17. 1951, 138:1. RSA 622:16. 1965, 25:1. 1971, 299:1. 1975, 210:1. 1998, 386:16, eff. Aug. 26, 1998.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 622 - The State Prisons › Section 622:17 - Committal of One Held on Civil Process.

622:17 Committal of One Held on Civil Process. –
If any convict sentenced to confinement to hard labor or solitary imprisonment shall, at the time of his sentence, be in custody of the sheriff on civil process, mesne or final, the sheriff shall, on the delivery of such convict to the commissioner of corrections, leave with the commissioner of corrections an attested copy of such process.
Source.
RS 227:17. CS 242:17. GS 270:18. GL 288:18. PS 285:18. PL 400:19. RL 464:18.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 622 - The State Prisons › Section 622:18 - Detention of One Held on Civil Process.

622:18 Detention of One Held on Civil Process. –
The commissioner of corrections shall detain a convict committed under the circumstances provided for in RSA 622:17 by virtue of the civil process as well as of his sentence, and, if, at the expiration of the sentence, the civil process is not withdrawn, discharged, satisfied, or annulled, shall still detain the convict thereon until he is discharged or remanded by due course of law.
Source.
RS 227:18. CS 242:18. GS 270:19. GL 288:19. PS 285:19. PL 400:20. RL 464:19.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 622 - The State Prisons › Section 622:19 - Execution on Judgment against Commissioner of Corrections.

622:19 Execution on Judgment against Commissioner of Corrections. –
If judgment shall be rendered against a person holding the office of commissioner of corrections, for a sum of money, the execution thereon shall be against his goods, chattels, and lands, but not against his body; and, if the execution is returned unsatisfied, the creditor may file a certified copy of it, and of the return thereon, with the secretary of state.
Source.
RS 227:19. CS 242:19. GS 270:20. GL 288:20. PS 285:20. PL 400:21. RL 464:20.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 622 - The State Prisons › Section 622:20 - Failure of Commissioner of Corrections to Pay Judgment.

622:20 Failure of Commissioner of Corrections to Pay Judgment. –
The secretary shall immediately notify the commissioner of corrections thereof, in writing, with the day on which the copy was filed. If the execution shall remain unsatisfied for the space of 90 days after such notification, the commissioner of corrections shall be removed from his office, and execution may then issue against him in common form.
Source.
RS 227:20. CS 242:20. GS 270:21. GL 288:21. PS 285:21. PL 400:22. RL 464:21.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 622 - The State Prisons › Section 622:22 - Religious Ministrations.

622:22 Religious Ministrations. –
The rules and regulations established for the government of any prison, county correctional facility, or public charitable or reformatory institution shall provide for suitable religious instruction and ministration to the inmates.
Source.
1881, 39:1. PS 285:24. PL 400:25. RL 464:23. RSA 622:22. 1988, 89:24, eff. June 17, 1988.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 622 - The State Prisons › Section 622:23 - Religious Preferences.

622:23 Religious Preferences. –
The inmates shall have freedom of religious belief and freedom to worship God according to the dictates of their consciences, but this shall not permit anything inconsistent with proper discipline and management or any expense beyond that made under RSA 622:22.
Source.
1881, 39:1. PS 285:25. PL 400:26. RL 464:24.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 622 - The State Prisons › Section 622:24 - Regulations.

622:24 Regulations. –
No person shall deliver or procure to be delivered or have in his or her possession with intent to deliver to a prisoner confined in the state prisons, or deposit or conceal in or about the prisons, or in any building or upon any land appurtenant thereto, or in any vehicle entering the premises belonging to the prisons, any article with intent that a prisoner shall receive or obtain it, or receive from a prisoner any article with intent to convey it out of the prisons, or bring into or attempt to take from the prisons any article contrary to the rules and regulations established by the commissioner of corrections and without the knowledge and permission of the commissioner of corrections, or designee.
Source.
1925, 57:1. PL 400:31. RL 464:29. 1998, 386:16, eff. Aug. 26, 1998. 2018, 65:2, eff. July 24, 2018.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 622 - The State Prisons › Section 622:25 - Penalty.

622:25 Penalty. –
Any person who violates any provision of RSA 622:24 shall be guilty of a class B felony.
Source.
1925, 57:1. PL 400:32. RL 464:30. RSA 622:25. 1973, 528:320, eff. at 11:59 P.M., Oct. 31, 1973.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 622 - The State Prisons › Section 622:26 - Sales of Prison Products.

622:26 Sales of Prison Products. –
I. The commissioner of corrections may contract for the sale or lease of goods and products which are produced at the state prisons on the open market at competitive prices, when, in his opinion, such sale or lease is in the best interests of the inmates and of the prisons and does not conflict unduly with the availability of prison manufactured goods to state and public institutions as provided for in RSA 622:5, VI and RSA 622:28, and results in the best utilization of the prison production capacity.
II. The commissioner of corrections shall not, nor shall any other authority, make any contract by which the labor or time of any prisoner in the state prisons or in any reformatory, penitentiary, or jail in the state shall be farmed out, given or sold to any person.
Source.
1933, 42:1. RL 464:31. RSA 622:26. 1979, 113:1. 1982, 6:1. 1998, 386:7, eff. Aug. 26, 1998.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 622 - The State Prisons › Section 622:27 - Sale of Prison-Made Goods.

622:27 Sale of Prison-Made Goods. –
No goods, wares, or merchandise, manufactured, or mined wholly or in part by convicts or prisoners of other states, except convicts or prisoners on parole or probation, shall be sold on the open market, or be sold to, or exchanged with, an institution of this state or with any of its political subdivisions, except under arrangements which have been entered into between the commissioner of corrections and another state's correctional institution engaged in industrial activities.
Source.
1933, 42:1. RL 464:32. RSA 622:27. 1981, 495:3, eff. July 1, 1981.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 622 - The State Prisons › Section 622:28 - Provision of Products for State Agencies.

622:28 Provision of Products for State Agencies. –
No articles or supplies, except printing, such as are manufactured at the state prisons or for the state prisons in accordance with arrangements with other prison systems shall be purchased from any other source for the state or its departments or institutions if the division of procurement and support services in the department of administrative services determines that such purchases may be made at fair market value. The commissioner of corrections will advise the division of procurement and support services in the department of administrative services as to what articles or supplies are available for purchase and their current prices.
Source.
1933, 42:1. RL 464:33. RSA 622:28. 1977, 485:2. 1981, 495:4. 1998, 386:8, eff. Aug. 26, 1998. 2014, 327:70, eff. Aug. 2, 2014.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 622 - The State Prisons › Section 622:28-a - Industries Inventory Account.

622:28-a Industries Inventory Account. –
I. An industries inventory account shall be maintained to enable the state prisons to implement RSA 622:26-28. Except for permanent personnel, all operating expenses, materials, supplies, overtime and purchase and repair of equipment determined to be necessary for the growing or manufacture of products for resale shall be a proper charge against this account. Charges for the sale of goods and services produced by the industries program shall be sufficient to defray the expenditures charged against this account and any sums obtained therefrom shall be a credit to the account.
II. The state treasurer, upon presentation of manifests prepared by the commissioner of corrections and certified by the commissioner of administrative services, is authorized to pay for materials, supplies and equipment from any money in the treasury not otherwise appropriated.
III. The commissioner of corrections shall prepare a monthly profit and loss statement and at the end of each fiscal year shall file a report with the commissioner of administrative services in such format and containing such information as the commissioner of administrative services shall require. The commissioner of administrative services at the end of each fiscal year shall cause any profit which accrued during that year to lapse to the general fund.
IV. [Omitted.]
V. All purchases of materials, supplies, and equipment into the inventory account shall be made in accordance with the provisions of RSA 21-I:11 and any equipment purchase in excess of the approval threshold for contracts set by the governor and council manual of procedures, and made under the provisions of this section, shall require the prior approval of both the fiscal committee of the general court and the governor and council.
Source.
1979, 268:1. 1985, 399:3, I. 1998, 386:9, 16, eff. Aug. 26, 1998. 2021, 91:71, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 622 - The State Prisons › Section 622:29 - Prisoner's Earnings, etc.

622:29 Prisoner's Earnings, etc. –
The commissioner of corrections may provide for the payment to prisoners confined in the state prisons of such pecuniary earnings, and render to their families such pecuniary assistance, as the commissioner of corrections may deem proper, under such rules as he may prescribe.
Source.
1913, 178:1. PL 400:27. RL 464:25. RSA 622:29. 1998, 386:16, eff. Aug. 26, 1998.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 622 - The State Prisons › Section 622:30 - Source of Payment.

622:30 Source of Payment. –
When allowed, the earnings and assistance provided for in RSA 622:29 shall be paid out of such money as may be available for current running expenses of the state prisons.
Source.
1913, 178:1. PL 400:28. RL 464:26. RSA 622:30. 1998, 386:16, eff. Aug. 26, 1998.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 622 - The State Prisons › Section 622:31 - Application of Earnings.

622:31 Application of Earnings. –
Any money accruing under RSA 622:29 shall be and remain under the control of the commissioner of corrections, to be used for the benefit of the prisoner, his family or dependent relatives under such regulation as to time, manner, and amount of disbursement as the commissioner of corrections may prescribe.
Source.
1913, 178:2. PL 400:29. RL 464:27.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 622 - The State Prisons › Section 622:31-a - Medical Care; Inmate Copayment Required.

622:31-a Medical Care;  Inmate Copayment Required. –
I. The commissioner of the department of corrections shall adopt policies and procedures establishing reasonable medical and health service fees for the medical services that are provided to inmates at any state facility.
II. Except as provided in paragraph III, the commissioner may charge each inmate a reasonable fee for medical and mental health services, including prescriptions, medication, or prosthetic devices. The fee shall be deducted from the inmate's account.
III. The commissioner shall exempt the following inmates or medical visits by inmates from payment of medical and health services fees:
(a) Medical visits initiated by the medical or mental health staff, consultants, or contract personnel of the department.
(b) Inmates at reception centers.
(c) Juvenile inmates.
(d) Pregnant inmates.
(e) Seriously mentally ill inmates.
(f) Developmentally disabled inmates, as determined by authorized staff.
(g) Inmates who are housed in the secure psychiatric unit.
(h) Inmates who are undergoing follow-up medical treatment for chronic diseases.
IV. An inmate shall not be refused medical treatment for financial reasons.
V. The commissioner shall establish criteria for reasonable deductions from moneys credited to the inmate's account to repay the cost of medical treatment for injuries that were self-inflicted or inflicted by the inmate on others.
VI. All moneys received by the department for medical and health service fees shall be deposited in the general fund.
VII. The commissioner shall establish criteria for reasonable deductions from moneys credited to the inmate's account to repay the cost of:
(a) Property that the inmate willfully damages or destroys during the inmate's incarceration.
(b) Searching for and apprehending an inmate who escapes or attempts to escape.
(c) Quelling a riot or other disturbance in which the inmate is unlawfully involved.
No inmate shall be subject to deductions from moneys credited to the inmate's account under paragraphs V and VII until the inmate has been afforded a due process hearing and has been found guilty.
VIII. For purposes of this section, "reasonable fee" and "reasonable deduction" mean an amount to be determined by the commissioner of corrections, and which shall be based upon the actual or approximate costs of the property or service for which reimbursement is required.
IX. For purposes of this section, "inmate's account" means the moneys belonging to an inmate which are held in the department of corrections trust fund.
Source.
1995, 296:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 622 - The State Prisons › Section 622:32 - Effect of Misconduct.

622:32 Effect of Misconduct. –
If any prisoner shall willfully escape from a state prison or commit a breach of discipline while confined in said prison, or when at liberty on parole shall violate any of the terms and conditions governing prisoners on parole, the commissioner of corrections may, in his or her discretion, cause the forfeiture of all earnings remaining to the prisoner's credit, and the same shall be credited to the account from which it was taken. Any restitution ordered by a court or through the inmate disciplinary system shall, upon payment, be used to defray the operating expenses of the prisons.
Source.
1913, 178:2. PL 400:30. RL 464:28. 1998, 386:10, eff. Aug. 26, 1998. 2007, 239:1, eff. June 25, 2007.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 622 - The State Prisons › Section 622:33-a - Care and Custody of Female Prisoners.

622:33-a Care and Custody of Female Prisoners. –
I. There is established a state confinement facility for female prisoners which shall be called the New Hampshire correctional facility for women.
II. The New Hampshire correctional facility for women shall be under the superintendence of a warden. The warden shall serve at the pleasure of the commissioner of corrections and shall be an unclassified employee qualified by education and experience.
III. The operation of the New Hampshire correctional facility for women and the inmates confined to the New Hampshire correctional facility for women shall be governed by the same laws, rules and regulations which govern the state prisons for men and inmates of the state prisons for men, except as otherwise specified by law.
Source.
1990, 211:1. 1996, 159:6. 1998, 386:11. 1999, 296:7, eff. Sept. 14, 1999. 2015, 18:3, eff. July 4, 2015.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 622 - The State Prisons › Section 622:34-a - Expenses of Confinement.

622:34-a Expenses of Confinement. –
The expenses of confinement of any female transferred to the custody of the state prisons shall be paid by the institution making the transfer.
Source.
1955, 61:3. 1998, 386:16, eff. Aug. 26, 1998.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 622 - The State Prisons › Section 622:35 - Good Behavior.

622:35 Good Behavior. –
The law of this state with respect to diminution of the length of a sentence for good behavior or other cause shall apply to all sentences served in whole or in part in county prison facilities or out-of-state institutions.
Source.
1941, 123:1. RL 464:36. 1955, 38:2, eff. March 12, 1955.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 622 - The State Prisons › Section 622:36 - Return or Transfer of Convicts.

622:36 Return or Transfer of Convicts. –
Upon the termination of any contract entered into in accordance with the provisions of this subdivision, or when the terms of any such contract shall so provide, convicts confined in county prison facilities or out-of-state institutions shall be returned by the commissioner of corrections or his assistant to the state prisons or shall be delivered to such other county prison facility or out-of-state penal institution as the commissioner of corrections shall have contracted with under the provisions of this subdivision. The commissioner of corrections shall provide for the return to this state of all such convicts as shall desire to return upon the expiration of their sentences or other discharge by law.
Source.
1941, 123:1. RL 464:37. 1955, 38:3. 1998, 386:12, eff. Aug. 26, 1998.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 622 - The State Prisons › Section 622:37 - Cost.

622:37 Cost. –
The cost of maintenance of convicts transferred pursuant to this subdivision and the expenses incident to their transfer shall be payable out of the funds provided for the maintenance of the state prisons.
Source.
1941, 123:1. RL 464:38. 1998, 386:16, eff. Aug. 26, 1998.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 622 - The State Prisons › Section 622:37-a - Provision of Menstrual Hygiene Products.

622:37-a Provision of Menstrual Hygiene Products. –
The warden or director of each state correctional facility and any facility listed in RSA 169-B:14, I(c) or (e) shall provide sufficient menstrual hygiene products to individuals who are in the custody of the state who biologically menstruate, at no cost to such persons. Sufficiency shall be considered, at minimum, a combination of 20 standard issue menstrual hygiene products per individual's menstrual cycle. An individual may request additional menstrual hygiene products based exclusively on their cycle at no cost at the discretion of the commissioner, or designee. The number of menstrual hygiene products kept in a cell shall not be excessive so as not to create safety or security issues and shall only be used for the intended purpose. As used in this section, "menstrual hygiene products" means tampons, menstrual pads, sanitary napkins, and pantiliners.
Source.
2023, 194:2, eff. Aug. 1, 2023.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 622 - The State Prisons › Section 622:38 - Prison Security Force.

622:38 Prison Security Force. –
The commissioner of corrections is authorized to organize a prison security force, consisting of members of the prisons' correctional line personnel, for the purpose of patrolling prison buildings, roads, and grounds and providing for general security at the prisons. The prison security force shall be under the immediate control of and responsible to the commissioner of corrections.
Source.
1977, 599:2. 1998, 386:13, eff. Aug. 26, 1998.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 622 - The State Prisons › Section 622:39 - Authority.

622:39 Authority. –
All security officers of the prison security force shall be ex officio constables and shall possess general police powers including the power of arrest, but such powers shall extend only to the confines of the grounds of the prisons and only to the period during which such officers are on official active duty. The only 2 instances where the authority of members of the prison security force shall extend beyond the prisons' grounds are:
I. Where a member of the security force is in hot pursuit of a person or persons who have committed a crime or violation while on prison grounds or who have committed the crime of escape from the prisons; and
II. Where a member of the prison security force is transporting a court committed inmate.
Source.
1977, 599:2. 1998, 386:14, eff. Aug. 26, 1998.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 622 - The State Prisons › Section 622:40 - Definitions.

622:40 Definitions. –
In this subdivision:
I. "Commissioner" means the commissioner of the department of corrections under RSA 21-H:2.
II. "Department" means the department of health and human services.
III. [Repealed.]
IV. "Unit" means the secure psychiatric unit.
Source.
1985, 337:1. 1995, 310:170, XI, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 622 - The State Prisons › Section 622:41 - Unit Established.

622:41 Unit Established. –
There is hereby established a secure psychiatric unit to receive and provide appropriate treatment for persons transferred under RSA 622:45 to a secure environment.
Source.
1985, 337:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 622 - The State Prisons › Section 622:43 - Staffing.

622:43 Staffing. –
I. There are hereby established the following unclassified positions:
(a) A medical director, who shall be a board certified psychiatrist and shall be under the administrative supervision of the commissioner. The medical director shall be responsible for the provision, supervision, and administration of the medical and psychiatric services of the department of corrections and the unit.
(b) A psychiatrist, who shall be board eligible and who shall provide psychiatric and medical services under the supervision of the medical director.
(c) A non-medical director, who shall administer programs and services of the division of medical and psychiatric services and the unit.
II. The positions established by paragraph I shall carry with them an annual salary as set forth in RSA 94:1-a.
III. The commissioner shall appoint qualified personnel, who shall serve at the pleasure of the commissioner, to the positions established by paragraph I of this section.
Source.
1985, 337:1. 1993, 321:4, 5, eff. July 1, 1993.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 622 - The State Prisons › Section 622:44 - Rulemaking.

622:44 Rulemaking. –
I. The commissioner shall adopt rules, pursuant to RSA 541-A, which provide for effective treatment for persons found to be dangerous to themselves or others and committed or transferred pursuant to RSA 622:45 to an environment which provides for safety and security for the public, the staff, and those committed.
II. The rules shall reflect the general policy that persons committed or transferred to the unit, who may be convicted offenders, persons found not guilty because of insanity, pre-trial detainees, or persons civilly committed, shall retain all their individual rights, except where safety or security mandates restriction.
Source.
1985, 337:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 622 - The State Prisons › Section 622:46 - Treatment Standards.

622:46 Treatment Standards. –
I. The commissioner shall establish clinical and treatment standards for the operation of the unit in consultation with the commissioner of the department of health and human services. The commissioners shall review, at least biennially, any interagency agreements and the mental health program at the unit to determine which provisions, standards, or practices should be revised to improve treatment. The commissioner shall submit a report of its findings in each even-numbered year, commencing on or before November 1, 2020, to the speaker of the house of representatives, the senate president, the governor, and the chairpersons of the house committees having jurisdiction over criminal justice issues and health and human services issues, and the chairpersons of the senate committees having jurisdiction over judicial issues and health and human services issues.
II. The governor shall appoint the director ex officio to the advisory committee of the New Hampshire department of corrections pursuant to RSA 21-G:11.
Source.
1985, 337:1. 1995, 310:168, eff. Nov. 1, 1995. 2018, 353:4, eff. July 2, 2018.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 622 - The State Prisons › Section 622:47 - Medical Records.

622:47 Medical Records. –
Notwithstanding the provisions of RSA 329:26 and RSA 330-A:32, medical and mental health records concerning current patients shall be exchanged between other state medical and mental health facilities and the unit to facilitate treatment.
Source.
1985, 337:1. 1998, 234:16, eff. Oct. 31, 1998.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 622 - The State Prisons › Section 622:49 - Notification of Granting of Off-Grounds Privileges by Director.

622:49 Notification of Granting of Off-Grounds Privileges by Director. –
Not less than 30 days before the intended date of the granting of off-grounds privileges by the director to any person committed to the unit by criminal proceedings and subsequently transferred to the state mental health services system, the director shall give notice of such intention to the commissioner. The commissioner shall give notice of the director's intention to the superior court for the county in which said person was committed, to the attorney general, and to the county attorney, if any, who prosecuted the case. The superior court justice, the attorney general, or the county attorney, if any, who prosecuted the case may request a hearing before the superior court, in which case the director shall not grant off-grounds privileges to such person prior to the hearing. Following such hearing, the court may approve such off-grounds privileges or may order that no off-grounds privileges be granted at the time. In the event that the order of commitment by the superior court shall expressly provide restrictions upon the manner of commitment, such restrictions shall be observed until such restrictions are modified by further order of the court.
Source.
1986, 220:3, eff. June 6, 1986.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 622 - The State Prisons › Section 622:50 - Parole.

622:50 Parole. –
The superior court may, with notice to the attorney general and to the county attorney, if any, who prosecuted the case and after a hearing, for due cause shown, parole any person committed to the unit by criminal proceedings upon such terms and conditions as justice may require; and said court may at any time thereafter, for due cause shown, revoke said parole and order said person returned to the unit under the original commitment.
Source.
1986, 220:3, eff. June 6, 1986.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 622 - The State Prisons › Section 622:51 - Investigation of Detention.

622:51 Investigation of Detention. –
The superior court may at any time, with notice to the attorney general and to the county attorney, if any, who prosecuted the case, upon application and after a hearing, for due cause shown, investigate the question whether there is sufficient reason for the detention in the unit of any person who has been committed thereto by criminal proceedings, and may order his discharge, when such order ought to be made, without the formality of a writ.
Source.
1986, 220:3, eff. June 6, 1986.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 622 - The State Prisons › Section 622:52 - Conduct of Hearings for Commitment, Detention, or Parole.

622:52 Conduct of Hearings for Commitment, Detention, or Parole. –
Whenever provisions of this chapter relative to the commitment, detention, or parole of the mentally ill by criminal proceedings require that a hearing be conducted by the superior court, such hearing shall be ordered in accordance with the following requirements:
I. Such person shall have the right to be represented by counsel and shall have the right to present independent testimony. The court shall appoint counsel for such person whom it finds to be indigent and who is not represented by counsel, unless such person refuses the appointment of counsel.
II. The court may provide an independent medical examination for such indigent person upon the request of his counsel or upon his own request if he is not represented by counsel.
III. The person shall be allowed not less than 2 days after the appearance of his counsel in which to prepare his case and a hearing shall be conducted forthwith after such period unless counsel requests a delay.
IV. Notice of the time and place of hearing shall be furnished by the court to the commissioner, the person, his counsel, and his nearest relative or guardian.
V. The person or the commissioner may request either an open or a closed hearing and the court in its discretion may grant such a request.
Source.
1986, 220:3, eff. June 6, 1986.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 622 - The State Prisons › Section 622:53 - to 622:58 Repealed by 2019, 172:1, eff. Sept. 8, 2019.

622:53 to 622:58 Repealed by 2019, 172:1, eff. Sept. 8, 2019. –
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 622 - The State Prisons › Section 622:58-a - Cost of Care Reimbursement Fund Established.

622:58-a Cost of Care Reimbursement Fund Established. –
There is established the cost of care reimbursement fund, which shall be administered by the commissioner of the department of corrections. This fund shall be nonlapsing and continually appropriated to the commissioner for the purpose of the general care of those persons under departmental control and upkeep of the prison facilities including equipment. The commissioner shall deposit all funds received from the department of justice as specified in RSA 622:58 into this fund.
2019, 346:47, eff. July 1, 2019.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 622-A - New England Interstate Corrections Compact › Section 622-A:3 - Authority of Commissioner of Corrections.

622-A:3 Authority of Commissioner of Corrections. –
The commissioner of corrections is hereby authorized and directed to do all things necessary or incidental to the carrying out of the compact in every particular.
Source.
1961, 101:1, eff. May 4, 1961.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 622-B - Interstate Corrections Compact › Section 622-B:3 - Duty of the Commissioner of Corrections.

622-B:3 Duty of the Commissioner of Corrections. –
The commissioner of corrections is authorized and directed to do all things necessary or incidental to implement this compact and he may, in his discretion, delegate this authority to other persons.
Source.
1979, 111:1, eff. July 20, 1979.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 622-C - International Prisoner Transfers › Section 622-C:1 - International Prisoner Transfer.

622-C:1 International Prisoner Transfer. –
Whenever a treaty is in force between the United States and a foreign country providing for the transfer or exchange of convicted offenders to the country of which they are citizens or nationals, the governor may, on behalf of the state and subject to the terms of the treaty, authorize the commissioner of corrections to consent to the transfer or exchange of offenders and to take any other action necessary to implement the participation of this state in the treaty.
Source.
1986, 156:3, eff. May 28, 1986.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 623 - Temporary Removal of Prisoners › Section 623:1 - Illness or Emergency.

623:1 Illness or Emergency. –
I. Any person confined in a county department of corrections facility, state prison or other place of detention may, under necessary precautions, be taken by some regular or specially authorized officer from such place of detention to a medical facility for the purpose of receiving medical examination or treatment upon recommendation of a physician, a physician's assistant, or an advanced practice registered nurse (APRN) and upon approval of the superintendent of the institution in which the person is confined. In the case of a transfer of a pretrial prisoner for medical purposes for a period in excess of 10 days, the justice of the court who originally ordered the prisoner's commitment shall be given written notice of the transfer within 15 days of said transfer, and shall be given notice upon the return of the prisoner within 15 days of the prisoner's return, provided the prisoner is not in the custody of correctional personnel while at the medical facility. The provisions of RSA 402:79 shall apply to payments for medical care provided pursuant to this section.
II. Any person confined in a county department of corrections facility, state prison or other place of detention may be temporarily taken from his place of confinement because of the imminently approaching death or funeral of a member of his immediate family or for other imperative and extraordinary purpose, including treatment, counseling or rehabilitation programs, for a period not exceeding 72 hours without approval by a justice of the superior court.
III, IV. [Repealed.]
Source.
1917, 18:1. 1919, 58:1. PL 397:30. RL 461:30. RSA 623:1. 1975, 388:7. 1977, 306:1. 1979, 290:1. 1987, 250:2. 1988, 89:25. 2000, 225:2, eff. July 31, 2000. 2002, 255:1, eff. Jan. 1, 2003. 2003, 32:1, eff. Jan. 1, 2004; 237:8, eff. Jan. 1, 2004 at 12:01 a.m. 2004, 218:2, eff. June 11, 2004. 2009, 54:4, 5, eff. July 21, 2009.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 623 - Temporary Removal of Prisoners › Section 623:1-a - Court Appearances.

623:1-a Court Appearances. –
Any person confined in a county department of corrections facility, state prison, or other place of detention may, under necessary precautions and upon approval of the administrator of the institution in which said person is confined, be taken by some regular or specially authorized officer from such place of detention to a state or federal court within the state of New Hampshire to appear in a proceeding before that court. During the time period such person is in a state courthouse, the sheriff, through the sheriff's deputies and bailiffs, shall be responsible for such person's custody and control.
Source.
1977, 306:2. 1979, 290:2. 1988, 89:26. 1998, 297:7, eff. Jan. 1, 1999. 2003, 32:2, eff. Jan. 1, 2004.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 623 - Temporary Removal of Prisoners › Section 623:2 - Transfer From State Prisons.

623:2 Transfer From State Prisons. –
Any person confined in a state prison may, upon recommendation of the commissioner of corrections, be transferred to a county correctional facility if such transfer is approved by the county commissioners of the county in which the receiving facility is located.
Source.
1971, 312:1. 1988, 89:27. 1998, 386:15, eff. Aug. 26, 1998.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 623 - Temporary Removal of Prisoners › Section 623:4 - Transfer Procedure.

623:4 Transfer Procedure. –
No person shall be transferred pursuant to the provisions of RSA 623:2 and RSA 21-H:8, VI, unless both the commissioner of corrections and the respective superintendent of the county department of corrections sign an authorization to permit such a transfer.
Source.
1971, 312:1. 1988, 89:29. 1992, 143:2, eff. July 5, 1992.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 623-A - Approved Absences From New Hampshire State Prisons › Section 623-A:1 - Authority to Establish Regulations.

623-A:1 Authority to Establish Regulations. –
The commissioner of corrections is hereby authorized to establish rules permitting approved absences of eligible inmates who are in his official custody. The rules shall be subject to the limitations, restrictions and conditions of this chapter and may impose additional limitations, restrictions or conditions. The rules may be amended from time to time or rescinded.
Source.
1975, 241:1, eff. Aug. 3, 1975.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 623-A - Approved Absences From New Hampshire State Prisons › Section 623-A:2 - Eligibility for Approved Absence.

623-A:2 Eligibility for Approved Absence. –
I. Upon the application of an inmate, the commissioner of corrections may grant an approved absence if he determines that the inmate:
(a) Is serving the last 90 days of his sentence;
(b) Pursuant to RSA 651:25, is on work or study release or is a resident of a community correctional center or halfway house;
(c) Is physically and mentally capable of conducting himself during an approved absence without escort; and
(d) Has demonstrated a level of responsibility which provides reasonable assurance that he will comply fully with the requirements of approved absence and will not jeopardize the safety of persons or property in the community.
II. If otherwise eligible under subparagraphs I(a), (b), (c) and (d), inmates confined at the state prison or other institution under the control of the commissioner of corrections under RSA 622-A may be eligible for approved absence only if, upon the request of the commissioner of corrections, the sending state authorizes such approved absence.
Source.
1975, 241:1, eff. Aug. 3, 1975.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 623-A - Approved Absences From New Hampshire State Prisons › Section 623-A:3 - Purposes of Approved Absence.

623-A:3 Purposes of Approved Absence. –
I. An eligible inmate may be considered for approved absence only for the following purposes:
(a) Visits with the inmate's family.
(b) Attendance at the funeral of a close relative.
(c) Obtaining medical treatment.
(d) Seeking or securing employment.
(e) Seeking or securing admission to an educational or vocational program.
(f) Attendance at specific community religious, educational, vocational, social, civic or recreational activities.
II. In unusual circumstances, an approved absence may be granted for purposes not specified in this section.
Source.
1975, 241:1, eff. Aug. 3, 1975.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 623-A - Approved Absences From New Hampshire State Prisons › Section 623-A:4 - Duration of Approved Absence.

623-A:4 Duration of Approved Absence. –
Every approved absence shall be for a specified period of time which shall be no longer than necessary to accomplish the purpose of the approved absence. An approved absence shall not exceed 7 days except where necessary for extended medical treatment. An approved absence once begun may be extended by the commissioner of corrections only where necessary to permit accomplishment of the purpose for which the approved absence was originally granted. The commissioner of corrections may shorten or terminate an approved absence in his discretion.
Source.
1975, 241:1, eff. Aug. 3, 1975.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 623-A - Approved Absences From New Hampshire State Prisons › Section 623-A:5 - Expenses.

623-A:5 Expenses. –
All expenses of an approved absence for transport, food, lodging and incidentals shall be borne by the inmate or his family or from other sources approved by the commissioner of corrections.
Source.
1975, 241:1, eff. Aug. 3, 1975.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 623-A - Approved Absences From New Hampshire State Prisons › Section 623-A:6 - Waiver of Extradition.

623-A:6 Waiver of Extradition. –
Prior to commencement of an approved absence, the inmate shall be required to execute a waiver of extradition.
Source.
1975, 241:1, eff. Aug. 3, 1975.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 623-A - Approved Absences From New Hampshire State Prisons › Section 623-A:7 - Status During Absence.

623-A:7 Status During Absence. –
While on approved absence, an inmate continues in the official custody of the commissioner of corrections.
Source.
1975, 241:1, eff. Aug. 3, 1975.