Section Cor 406.02 - Public Risk Assessment(a) If a resident receives a combination of ratings ranging from "1" to "5", the "highest" rating in this example will dictate the public risk rating, which would be P-5.(b) Public risk, which relates to a resident's escape potential, and if he or she does escape what danger he or she would present to the public, shall be determined by the highest rating assigned to any of the following 9 factors: (1) Extent of violence in current offense;(2) Weapon used in current offense;(5) Nature of sexual offense;(8) Detainer status or known pending charges; and(9) Substance abuse history.(c) The factors for (b)(1) above shall be assessed independently for "extent of violence in current offense" on a scale of 1 to 5 in the following manner:(1) A rating of 5 for death, premeditated or unprovoked;(2) A rating of 4 for death resulting from a crime of passion, or armed robbery, kidnapping, arson of an occupied structure, and 1st degree assault;(3) A rating of 3 for serious injury or death resulting from the sale of a drug, 2nd degree assault, or armed or unarmed robbery;(4) A rating of 2 for threat or minor injury; and(5) A rating of 1 for no violence involved.(6) Attempted offenses shall be treated the same as if the offense were committed;(7) Parole violation shall be scored on the original crime that they were sentenced; and(8) The P-score for parole violators shall be reduced by one score where the nature of the violation, which returned them to prison, contained no violence.(d) The factors for (b)(2) above shall be assessed independently for "weapon in current offense" with scores awarded in the following manner:(1) A rating of 3 for weapon involved; or(2) A rating of 1 for no weapon involved.(e) The factors for (b)(3) above shall be assessed independently on a scale of 1 to 5 in the following manner: (1) A rating of 5 for escape or attempted escape from a secure perimeter facility less than two years ago or multiple escapes or escape attempts in the past 5 years;(2) A rating of 4 for escape or attempted escape from a secure perimeter facility over 2 years ago;(3) A rating of 3 for escape or attempted escape from a non-secure perimeter facility less than 3 years ago or default, bail jumping, being a fugitive from justice, or escape during the arrest process less than 3 years ago;(4) A rating of 2 for escape or attempted escape from a non-secure facility over 3 years ago, or default, bail jumping, being a fugitive from justice, or escaping during the arrest process more than 3 years ago; or(5) A rating of 1 for no escape history.(f) The factors for (b)(4) above shall be assessed independently on a scale of 1 to 4 in the following manner:(1) A rating of 4 for 2 or more serious offenses;(2) A rating of 3 for one serious offense or 2 or more minor offenses;(3) A rating of 2 for one minor offense; or(4) A rating of 1 for no violent offenses.(g) The factors for (b)(5) above shall be assessed independently on a scale of 1 to 5 in the following manner:(1) A rating of 5 for sexual offense resulting in death, or of a particularly heinous or violent nature;(2) A rating of 4 for rape or a sexual offense resulting in injury;(3) A rating of 3 for molestation of a lesser nature than rape, or sexual offense other than rape resulting in minor injury;(4) A rating of 2 for sexual offense not described in the above ratings such as child pornography where no physical or mental force was used or in crimes not specific to the NH criminal code of a sexual offense but the indictment describes a crime sexual in nature; or(5) A rating of 1 for no sexual offense.(h) The factors for (b)(6) above shall be assessed independently on a scale of 1 to 3 in the following manner: (1) A rating of 3 for 2 or more confinements in a correctional institution;(2) A rating of 2 for one confinement in a correctional institution; or(3) A rating of 1 for no previous confinement.(i) The factors for (b)(7) above shall be assessed independently on a scale of 1 to 5 in the following manner: (1) A rating of 5 for death penalty or life without parole;(2) A rating of 4 for 16 years or more including life;(3) A rating of 3 for 5 to 15 years;(4) A rating of 2 for 1 to 4 years; or(5) A rating of 1 if not applicable.(j) The factors for (b)(8) above shall be assessed independently on a scale of 1 to 4 in the following manner:(1) A rating of 4 for detainer or known pending charge or charges for a capital offense;(2) A rating of 3 for detainer or known pending charge or charges for a felony offense;(3) A rating of 2 for detainer or known immigration detainer for deportation, or pending charge or charges for a misdemeanor, fine traffic offense, or other violations not listed; or(4) A rating of 1 for no detainers or pending charges.(k) The factors for (b)(9) above shall be assessed independently on a scale of 1 to 3 in the following manner:(1) A rating of 3 for serious abuse directly related to the offense which jeopardized the safety of the public or the safety of the resident or both;(2) A rating of 2 for moderate abuse not related to the offense which jeopardized the safety of the public or the resident or both; or(3) A rating of 1 for minimal or no substance abuse which posed nominal danger to the public or the resident or both.(4) Only one rating shall be entered for each of (c) through (k) above.N.H. Admin. Code § Cor 406.02
Derived from Volume XXXIX Number 24, Filed June 13, 2019, Proposed by #12777, Effective 5/11/2019, Expires 5/11/2029.