Section Cor 305.12 - Eligibility for Access to Correctional Facilities for the Purpose of Resident Visitation(a) For prospective visitors whose "Prospective Visitor Consent For Background Check Form" as described within Cor 305.15 reveals an individual to have a criminal record shall not be eligible to attend visits as follows: (1) Prospective visitors with criminal records involving felony drug offenses within the last 5 years from the date of conviction shall not be allowed to visit;(2) Prospective visitors with criminal records involving a drug offense violation within the last 5 years from the date of conviction shall not be allowed to visit;(3) Prospective visitors with pending drug related offenses shall not be allowed to visit;(4) Prospective visitors with a criminal history that resulted in confinement to a correctional facility for any offense shall not be allowed to visit for 5 years of the date of the release from confinement regardless of the duration of the confinement;(5) Prospective visitors with any criminal record for non-drug related offenses within one year from the date of the most recent criminal conviction shall not be permitted to visit; and(6) Prospective visitors who are actively on probation or parole shall not be granted visiting privileges without the written recommendation of the supervising probation or parole officer and the written approval of the warden of the facility as follows: a. Consideration shall be given for immediate family members only;b. The prospective visitor may request permission in writing to the probation/parole officer assigned and the warden, director or designee of the facility, which houses the resident intended to be visited; c. Approval shall be granted if it will support and promote the goal of reintegrating the resident back into the community; and d. Approval shall be given unless the assigned PPO or warden, director or designee can articulate a reason not to grant the approval, such as the approval would jeopardize the safety of the resident, the public, or facility staff, or put institutional security at risk.(b) Exceptions for individuals who are not actively on probation or parole, and have been deemed ineligible based on the criteria stated above within Cor 305.12(a)(1)-(5) shall be granted if they support and promote the goal of reintegrating the resident back into the community. (c) Prospective visitors who do not meet the specific visitation criteria may request an exception by submitting a written appeal to the warden, director or designee of the facility in which the resident resides. (d) The warden, director, or designee shall review all requests for exceptions. (e) The warden, director, or designee shall grant exceptions based on information that has been collected and verified as described within (1)-(9) below, and will promote a successful transition from confinement to society as described within Cor 305.12(a)(6)c, above; (1) The prospective visitor's relationship to the resident; (2) The length of time since a disqualifying offense occurred; (3) The prospective visitor's criminal history as determined by a criminal background check as described within Cor 305.15; (4) Input received from the assigned probation and parole officer, if applicable; (5) The resident's disciplinary history, if applicable; (6) The resident's program compliance and completions, if applicable; (7) The resident's current classification status; (8) The reason the request has been made; and(9) Any other pertinent facts which the warden, director or designee deems relevant to the specific case.(f) Exceptions shall be granted by the warden, director or designee on a case by case basis, and all considerations for exceptions shall be determined utilizing the information provided as described within Cor 305.12(e)(1)-(9).(g) A written explanation of the decision by the warden, director or designee shall be made within 30 days from the date in which the exception request was made.(h) Current or former employees of the NHDOC or any other confinement facility shall be authorized to visit incarcerated immediate family members upon written request and approval by the warden, director, or designee of the institution housing the resident, unless the individual requesting visitation would be deemed ineligible for visitation pursuant to Cor 305. (i) Exceptions as described within Cor 305.12 shall be revoked should any information obtained be false or misleading, or the conditions for which an exception has been granted change, which shall include but not be limited to, negative police interactions with or arrests of the visitor, the resident being visited has a status change or safety and security are jeopardized as a result of the previously granted exception. N.H. Admin. Code § Cor 305.12
Derived from Volume XLI Number 6, Filed February 11, 2021, Proposed by #13154, Effective 1/5/2021, Expires 1/5/2031.