Section Cor 410.01 - Protective Custody(a) The department shall provide a protective custody status for those residents that face a verifiable danger of being physically harmed by another resident.(b) Protective custody may be sought by a resident. The resident shall demonstrate during an administrative review evaluation that he or she faces danger of being physically harmed by describing the nature of the harm and identifying the residents who has threatened him or her.(c) Residents in quarantine status shall make a request for consideration for protective custody to the unit supervisor. These requests can be made verbally, by the resident to a staff member, or in writing to a staff member, no special form shall be required. The approving unit supervisor shall schedule that resident for a protective custody review evaluation.(d) If a resident housed in general population has a rational fear for his or her safety, he or she shall report his or her concern to a staff member who shall notify the shift supervisor.(e) The shift supervisor shall immediately place the resident in PAR status pending protective custody (PC) review pursuant to Cor 410.04 below. A report shall be completed and distributed to the shift commander, the unit supervisor of the housing area of the resident, and the classification staff before the end of the shift supervisor's tour of duty that day.(f) The approving unit supervisor shall advise the case manager of the resident requesting protective custody. The case manager shall attempt to mediate the issue and resolve it. If the case manager is unable to mitigate the problem, the case manager shall notify the approving unit supervisor, and document the attempted mitigation in the resident's record, and a PC evaluation will be scheduled.(g) The approving unit supervisor shall schedule a protective custody review evaluation for those residents deemed as requiring one, if one has not yet been scheduled. The resident shall be notified 24 hours in advance of the PC review evaluation. The resident may waive this notice.(h) The protective custody evaluation board shall consist of: (1) The shift commander or designated shift supervisor;(2) A member of the department's investigation bureau, who shall be the evaluation board chair; and(3) The approving unit's supervisor or designee.(i) A resident shall request in writing if he or she chooses to preclude a specific staff member, or officer from attending the evaluation. In addition, any witnesses, questions, or evidence to be presented during the evaluation, by the resident, shall be requested in writing as soon as possible, but no later than 12 hours prior to the start of the evaluation. Requests shall be submitted on a "Request Slip" form as defined in Cor 312, to the unit supervisor or case counselor or case manager of the resident only.(j) A resident may object to the presence of a particular officer on the evaluation review board based on a disciplinary infraction involving the officer and the resident, which occurred within 3 months immediately preceding the evaluation. Requests shall be completed as described within (i) above.(k) The evaluation review board in reaching its decision, shall consider the following to determine if a feasible, verifiable threat of bodily harm exists and would jeopardize the safety of the resident: (1) What is in the best interest of the health, welfare, and safety of the other resident's;(2) All evidence relevant to the request of the resident to be placed in, or to remain in, protective custody status;(3) Any alleged conflict the resident might have with other residents currently confined in the institution;(4) Whether the resident currently would be in any danger, should the resident be returned to general population; and(5) Whether the resident being evaluated specified a verifiable danger and named the resident or residents who he or she feared would cause him or her physical harm.(l) A resident shall not be refused protective custody status or removed from such status based on disciplinary reasons, or reasons unrelated to the resident or of other residents in that status.(m) The residents shall have a right to appear at his or her evaluation, testify, call witnesses, and present relevant evidence as directed in (i) above. However, the protective custody review board chair as identified in (h)(2) above, shall exclude any witness called by a resident from testifying if the presence of that witness at the evaluation might pose a danger to prison security, or the safety of the resident, or the testimony of the witness is irrelevant or cumulative. In no event shall the board chair require a resident to offer evidence that would incriminate himself or herself.(n) The chair of the review board as identified in (h)(2) above, shall issue a written recommendation to the administrator of classification and client records. He or she shall make the final decision which shall be based upon, whether evidence exists that a feasible, verifiable threat of bodily harm is present and would jeopardize the safety of the resident. All evaluation documentation, which shall include the board's reported observations and the facts relied upon by the board, in arriving at such conclusions, shall be considered by the administrator of classification and client records when reaching his or her final decision.(o) If protective custody status is recommended, the board shall recommend a housing placement based on the nature of the threat to the resident, and the resident shall: (1) Remain in or be returned to the same or another housing unit in general population;(2) Be transferred out of state;(3) Be transferred to a county facility; or(4) Be transferred to a different departmental facility.(p) Verbal notification shall be provided to the resident by unit staff. Due to the potential danger to the resident involved by possessing protective custody documents, written notification shall be provided to the resident of the administrator of classification and client records final decision only if requested by the resident.(q) If the resident is dissatisfied with the decision of the review board he or she may, within 7 days, appeal to the administrator of classification and client records on a "Request Slip" form as defined in Cor 312, stating the reasons why this status should be granted or revoked. During the pendency of the appeal the resident shall remain in PAR status.N.H. Admin. Code § Cor 410.01
Derived from Volume XXXIX Number 24, Filed June 13, 2019, Proposed by #12777, Effective 5/11/2019, Expires 5/11/2029.