CHAPTER 194
SB 198 – FINAL VERSION
5June2013… 1882h
2013 SESSION
04/09
SENATE BILL 198
AN ACT relative to the authority of county correctional officers.
SPONSORS: Sen. Forrester, Dist 2; Sen. Carson, Dist 14; Sen. Boutin, Dist 16; Rep. Shurtleff, Merr 11; Rep. Chandler, Carr 1; Rep. J. MacKay, Merr 14
COMMITTEE: Public and Municipal Affairs
This bill authorizes the county commissioners to approve county transport and custody officers consisting of county department of corrections personnel.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
5June2013… 1882h
13-1012
04/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT relative to the authority of county correctional officers.
Be it Enacted by the Senate and House of Representatives in General Court convened:
194:1 New Subdivision; County Departments of Corrections; County Transport and Custody Officers; Powers and Duties. Amend RSA 30-B by inserting after section 24 the following new subdivision:
County Transport and Custody Officers
30-B:25 County Transport and Custody Officers. The county commissioners may appoint county transport and custody officers, consisting of selected members of the county department of corrections line personnel identified by the superintendent, for the purpose of patrolling county department of corrections buildings, roads, and grounds, and providing for general security at the county correctional facility. If transport and custody officers are appointed, the county commissioners shall adopt a written policy establishing rules relating to the control and responsibility of the transport and custody officers. The policy shall include a requirement for training designed for the specific functions of the transport and custody officers as prescribed in this subdivision, including education on the power of arrest, firearms training and certification, and defensive driving.
30-B:26 Powers and Duties. All transport and custody officers shall be ex officio constables and shall possess limited powers of arrest which shall only extend to the confines of the grounds of the county correctional facility and to the period during which such officers are on official active duty. The 2 instances where the authority of the transport and custody officers shall extend beyond the county correctional facility grounds, and during which time the transport and custody officers may utilize blue lights on vehicles pursuant to RSA 266:78-b, are:
I. Where a county transport and custody officer is in hot pursuit of a person who has committed a crime or violation by interfering with the maintenance of custody and control; or
II. Where a county transport and custody officer is transporting or assisting in the transport of a committed inmate, including, but not limited to, medical transports and transports involving a committed inmate who is receiving services in a health care setting.
194:2 Effective Date. This act shall take effect 60 days after its passage.
Approved: July 2, 2013
Effective Date: August 31, 2013