Section Cor 410.03 - Pending Administrative Review (PAR)(a) "Pending administrative review (PAR)" as defined within Cor 101.18, shall allow investigation of various issues as delineated in (e), below.(b) PAR shall be imposed on a resident when circumstances arise involving the resident that might place the safety, security, and orderly operation of the facility in jeopardy or for any other valid penological purpose. It shall be imposed only for the minimum amount of time necessary when the continued presence of the resident in the reduced custody or general population presents a clear danger to himself, herself, others, or facility safety.(c) When a resident is involved in an incident that threatens institutional security, staff, or other residents, and, in the opinion of the on-duty shift supervisor, it is necessary that he or she be placed in PAR status to prevent further incidents, or because of the seriousness of the incident, the shift supervisor shall advise the resident of the imposition of PAR status and have him or her moved to the housing unit designated for that purpose.(d) The responsible officer shall prepare a "Pending Administrative Review Notification and Review Form", pursuant to Cor 410.05, below, forward it to the shift supervisor, and file a report for investigation and distribution before going off duty. The shift supervisor shall sign the form, ensure a copy is delivered to the resident, and forward copies to the investigations bureau, the classification and client records office. The "Pending Administrative Review Notification and Review" form shall indicate to the resident that a written appeal of this status may be made on a "Request Slip" form as defined in Cor 312, to the warden within 48 hours.(e) The various categories of administrative review shall be designated as follows in Table 410-1, Administrative Review Designation: Table 410-1 Administrative Review Designation
Category | Designation |
Administrative | Administrative Review-Pending Reclassification |
Investigation | Administrative Review-Pending Investigation |
Protective Custody | Administrative Review-Pending PC Review |
Behavioral Health | Administrative Review-Pending Behavioral Health Review |
Reclassification based on Discipline | Administrative Review-Pending Reclassification |
Transfer | Administrative Review-Pending Transfer |
(f) The sending unit staff shall schedule an administrative review evaluation within 7 days.(g) If there is no change in the PAR status of the resident, a meeting every 7 days thereafter shall be scheduled and:(1) The resident shall be present at every 7-day meeting and shall be given the opportunity to speak at the meeting;(2) The 7-day meetings shall be documented on the PAR form; and(3) If the PAR status is not resolved the reviewer shall note the specific reason why not on the form.(h) The weekly meetings shall not be administrative review evaluations, but shall be administrative meetings.(i) When the PAR status is resolved, or it is determined that it cannot be resolved, an administrative review evaluation shall be scheduled.(j) Except for extenuating circumstances and with the approval of the administrator of classification and client records, PAR status shall be cleared in no more than 30 days.(k) For residents with victim notification required, the classification staff or designee shall inform the victim services coordinator when the board recommends reclassification to a higher custody level, reclassified to minimum custody, work release, AHC, or reclassified to any custody level inside the secure perimeter.(l) The administrative review evaluation shall review the facts and circumstances regarding the imposition of PAR and shall recommend to the administrator of classification and client records that the resident be released from PAR or recommend the continuation of PAR until such time as a disciplinary hearing can be scheduled. If the administrative review evaluation concludes that the return of the resident to the prison population would not pose a clear danger to institutional security, or to the well-being of the resident, the board shall recommend to the administrator of classification and client records that the resident be released from PAR status. If the board determines that release of the resident from secure housing would pose a clear threat to him or her, others, or to institutional security, it shall recommend the resident be retained in secure housing pending a re-classification evaluation.(m) The administrator of classification and client records shall approve all recommendations unless the administrator of classification and client records can articulate a reason why approving the recommendation would create a threat to institutional security, staff, or other residents.(n) Residents retained in PAR shall be reviewed by the sending unit supervisor or designee at 7-day intervals and shall be advised of the reason for any delay in obtaining a hearing or recommended action, as well as the approximate date by which they can expect the action to be completed.(o) Residents in PAR shall have the same cell furnishings offered the other residents in the same housing unit unless reduction or restriction of certain items are necessary to maintain security control or to prevent the resident from harming themselves or others.(p) Residents retained under this rule in PAR status shall be afforded the same recreation, work, education, and other activities as are other residents in the same housing unit unless security of the institution mandates otherwise.N.H. Admin. Code § Cor 410.03
Derived from Volume XXXIX Number 24, Filed June 13, 2019, Proposed by #12777, Effective 5/11/2019, Expires 5/11/2029.