TITLE II
COUNTIES

Chapter 30-B
COUNTY DEPARTMENTS OF CORRECTIONS

Facilities

Section 30-B:1

    30-B:1 County Department of Corrections. –
I. A county may provide, keep, and maintain facilities, administered by a county department of corrections, for the reception and confinement of prisoners committed to or ordered to be detained at a county correctional facility.
II. A county may contract with the state or another county for the reception and confinement of prisoners committed to or who are ordered to be detained at a county correctional facility. All expenses related to the confinement of prisoners pursuant to this paragraph shall be a charge upon the county sending such prisoners unless other arrangements are made.

Source. 1988, 89:1, eff. June 17, 1988. 2007, 93:4, eff. Aug. 10, 2007.

Section 30-B:2

    30-B:2 Real Estate; Buildings. – In accordance with RSA 28:7, when authorized by the county convention, the county commissioners may purchase such real estate as may be required for a county correctional facility; and may repair, enlarge, or erect county buildings housing county correctional facilities; and may sell any of the county's real estate. As provided in RSA 72:23, II, county correctional facilities shall be exempt from taxation except that county farms and their lands, buildings, and taxable personal property shall be taxed.

Source. 1988, 89:1, eff. June 17, 1988. 2007, 93:5, eff. Aug. 10, 2007.

Administration of Department of Corrections

Section 30-B:3

    30-B:3 Superintendent; Other Personnel; Appointment. –
I. The county commissioners of a county which operates a county correctional facility shall appoint a superintendent of the county department of corrections, to supervise and manage the county department of corrections. The commissioners may also appoint such other officers, agents, and employees as may be required to properly care for prisoners committed to or detained at county correctional facilities.
II. No county commissioner shall be superintendent of the county department of corrections.

Source. 1988, 89:1, eff. June 17, 1988. 2007, 93:6, eff. Aug. 10, 2007.

Section 30-B:4

    30-B:4 Superintendent; General Duties and Powers. –
The superintendent of the county department of corrections, as an agent of the county commissioners, shall be vested with all of the powers and subject to all the duties and limitations provided in this and other chapters relative to the management of county correctional facilities. These shall include, but are not limited to, the following:
I. The superintendent shall report to the board of county commissioners of his county and be answerable to it for the efficient and effective operation of county correctional facilities.
I-a. The superintendent shall manage all operations of the department and administer and enforce the laws with which the department is charged.
I-b. The superintendent shall have every power enumerated in the laws, whether granted to the superintendent, the department, or any administrative unit of the department. In accordance with these provisions, the superintendent shall:
(a) Annually compile a budget which reflects all fiscal matters related to the operation of the department and each program and activity of the department.
(b) Exercise general supervisory authority over all department employees, in accordance with applicable personnel statutes and rules.
I-c. The superintendent shall adopt such reasonable policies and procedures necessary to carry out the duties of the department consistent with this chapter.
I-d. The superintendent shall not accept, on behalf of the department, any grants of money without first obtaining the express consent of the board of commissioners.
II. The superintendent shall, under the supervision of the county commissioners, have custody of all the inmates confined to those facilities.
III. (a) The superintendent shall, in person or by agent, receive all persons sent by lawful authority to the county department of corrections and retain them until they are released by process appropriate under law, except as provided in subparagraph (b).
(b) Whenever a person in the custody of the superintendent under subparagraph (a) is transported to a state court, the sheriff through the sheriff's deputies and bailiffs shall be responsible for custody and control of such person during the time period such person is in the courthouse.
IV. The superintendent shall monthly present to the presiding or designated justice and the clerk of the superior court in the county a certified list of all pretrial prisoners who are or have been in custody with the times and causes of their confinements or discharges.
V. The superintendent shall provide each prisoner in the superintendent's custody with necessary sustenance, clothing, bedding, shelter, and medical care including screening for and provision of medication-assisted treatment for substance use disorders where medically appropriate and regardless of whether the prisoner was receiving medication-assisted treatment prior to incarceration. " Medication-assisted treatment " means treatment approved by the Food and Drug Administration for treatment of substance use disorders, which may include, but not be limited to, naltrexone, buprenorphine, methadone, or other compounds.
VI. The superintendent of the county department of corrections shall cause to be kept a correct and itemized account of each employed prisoner's earnings and debits made and incurred on their account, and shall retain the balance of those earnings in escrow until the prisoner is discharged from the county department of corrections, whereupon the superintendent shall cause the prisoner to be paid the amount due and take a receipt.

Source. 1988, 89:1, eff. June 17, 1988. 1998, 297:2, eff. Jan. 1, 1999. 2003, 237:1, eff. Jan. 1, 2004. 2020, 39:60, eff. July 1, 2021.

Section 30-B:5

    30-B:5 Removal of Superintendents, Officers, and Employees. – The provisions of RSA 28:10-a, relative to the discharge or suspension from employment of county employees, shall apply to superintendents, officers, and employees appointed by the county commissioners under this chapter.

Source. 1988, 89:1, eff. June 17, 1988.

Section 30-B:6

    30-B:6 Policies; Rules and Regulations. –
I. The county commissioners shall establish policies and procedures for the management of the county department of corrections as authorized in RSA 28:12.
II. The commissioners shall adopt any necessary rules and regulations for the fulfillment of the powers and duties of the superintendent.
III. (a) No county department of corrections shall enter into a contract with a private or for-profit entity for the sole purpose of housing county prisoners. Nothing in this paragraph shall prohibit a county department of corrections from contracting for select services that are provided inside of a county correctional facility.
(b) Notwithstanding subparagraph (a), if the county commissioners declare that a corrections emergency exists that requires the superintendent to enter into a temporary contract with a private or for-profit entity to secure provisional housing for displaced prisoners, the superintendent may enter into such a contract, pending approval of the county commissioners. Temporary contracts entered into under this section shall not permanently or indefinitely replace a county correctional facility or a contract with another publicly-operated facility.

Source. 1988, 89:1, eff. June 17, 1988. 2020, 12:9, eff. July 16, 2020.

Section 30-B:7

    30-B:7 Discipline of Inmates. – If any inmate in a county correctional facility is refractory and stubborn, and refuses to work or to perform his work in a proper manner, the superintendent may put him in close confinement until he submits to perform his task and obey the superintendent's orders.

Source. 1988, 89:1, eff. June 17, 1988.

Section 30-B:8

    30-B:8 Escapes. –
I. If an offender escapes from a county correctional facility the superintendent shall have the power to pursue, retake, and bring him back, and to require all necessary aid for the purpose and, when taken, may place the prisoner in administrative segregation, in accordance with the standards of the facility from which he escaped, until the superintendent has determined that the prisoner is willing to submit to the regulations of the facility.
II. The provisions and penalties of RSA 642:6 and 642:7 on escape and implements for escape and other contraband shall apply to any escapes from the official custody of the superintendent under this chapter.

Source. 1988, 89:1, eff. June 17, 1988.

Section 30-B:9

    30-B:9 Delivery of Articles Prohibited. – No person shall deliver or procure to be delivered or have in his or her possession with intent to deliver to a prisoner confined in a county correctional facility, or deposit or conceal in any building or upon any land appurtenant thereto, any article with intent that a prisoner shall receive or obtain it, or receive from a prisoner any article with intent to convey it out of said county correctional facility without the knowledge of the superintendent of the county department of corrections, or designee; nor shall any prisoner deliver or procure to be delivered or have in his or her possession, or deposit or conceal in any building or land appurtenant thereto, or convey out of any county correctional facility, any article without the knowledge of the superintendent of the county department of corrections, or designee.

Source. 1988, 89:1, eff. June 17, 1988. 2018, 65:1, eff. July 24, 2018.

Section 30-B:10

    30-B:10 Penalty for Delivery of Articles. –
I. A person convicted of violating any of the provisions of RSA 30-B:9 shall be guilty of a misdemeanor, except as provided in paragraph II.
II. A person convicted of violating any of the provisions of RSA 30-B:9, if the article involved is a weapon, article that may be used to escape from the facility, or any article the possession of which is unlawful, shall be guilty of a class B felony; otherwise, the person shall be guilty of a misdemeanor for such a violation.

Source. 1988, 89:1, eff. June 17, 1988.

Section 30-B:11

    30-B:11 Use of Force. – Law enforcement officers in county correctional facilities may use physical force as provided in RSA 627:5.

Source. 1988, 89:1, eff. June 17, 1988. 2003, 237:2, eff. Jan. 1, 2004.

Section 30-B:12

    30-B:12 Inspection of Corrections Facilities. – At least every 6 months the county commissioners shall make a proper examination into the management, condition, and security of the condition of the inmates in county correctional facilities. The commissioners shall, within one month after such inspection, make a written report to the attorney general of their findings and actions or proposed actions on such findings.

Source. 1988, 89:1, eff. June 17, 1988.

Section 30-B:13

    30-B:13 Reporting Requirements. –
The superintendent shall be subject to the following laws relative to bills, accounts, and reporting:
I. RSA 28:15, relative to payment of vouchers.
II. RSA 30:1, relative to annual reports.
III. RSA 30:3, relative to the contents and form of annual reports.

Source. 1988, 89:1, eff. June 17, 1988.

Section 30-B:14

    30-B:14 Repealed by 2003, 237:15, eff. Jan. 1, 2004. –

Commitment of Offenders

Section 30-B:15

    30-B:15 Place of Commitment; Expense of Protective Custody. –
I. For any person sentenced to a term of imprisonment of up to 12 months, the expense of lodging such person in a county correctional facility shall be a charge upon the county in which the offense was committed. For persons sentenced to terms of imprisonment in a county correctional facility that exceed 12 months, the first 12-month sentence shall be a charge upon the county. Any sentence exceeding 12 months of imprisonment shall be a charge upon the state.
II. Whenever the expense of lodging a person in a county correctional facility is to be a charge against the state under this section, the state shall have the authority to take physical custody of such person.

Source. 1988, 89:1, eff. June 17, 1988. 2003, 96:1, eff. Jan. 1, 2004; 237:3, eff. Jan. 1, 2004 at 12:01 a.m. 2005, 275:1, eff. Jan. 1, 2006. 2007, 93:7, eff. Aug. 10, 2007.

Section 30-B:16

    30-B:16 Federal Prisoners. – The superintendent of the county department of corrections, may receive and keep every person duly committed thereto for any offense against the United States paying all expenses for the confinement and safekeeping of such person, at a rate established by the county commissioners of the county where such facility is located.

Source. 1988, 89:1, eff. June 17, 1988.

Employment of Offenders

Section 30-B:17

    30-B:17 Employment of Prisoners. – All persons sentenced to imprisonment in a county department of corrections facility shall work under rules and regulations prescribed by the superintendent of the county department of corrections or the county commissioners of the county in which such facility is located.

Source. 1988, 89:1, eff. June 17, 1988.

Section 30-B:18

    30-B:18 Prisoners Awaiting Trial. – Any prisoner confined to a county correctional facility while awaiting trial in the superior court or for any other cause, who is not likely to flee or commit an act of violence, and who wishes to work, may do so voluntarily upon approval of the superintendent, subject to rules and regulations of the correctional facility.

Source. 1988, 89:1, eff. June 17, 1988. 2003, 237:4, eff. Jan. 1, 2004.

Section 30-B:19

    30-B:19 Application of Earnings. –
I. The wages or salaries from the work of all persons held for trial or for any other cause or sentenced to imprisonment in a county department of corrections facility shall be disbursed by the superintendent for:
(a) Restitution or reparation or both, to the victim of his conduct for the damage or injury which was sustained, in a sum and manner determined by the court.
(b) The cost of board and all other expenses of the county maintaining the facility with the county of commitment receiving a credit for the cost of board and all other expenses.
(c) Payment of a fine.
(d) Incidental expenses of the person so employed.
(e) Support of the person's dependents, if any.
(f) The account of the person so employed which shall be payable to such person upon discharge.
II. The county commissioners of each county may require sentenced inmates to pay a portion of their income payable to them from sources other than wages or salaries, to offset the costs of incarceration, when sanctioned by the sentencing court. In setting the amount of such payments, the court shall take into consideration and make allowances for the maintenance and support of an inmate's spouse, dependent children, or any other persons having a legal right to support and maintenance by the inmate.

Source. 1988, 89:1, eff. June 17, 1988. 1998, 209:1, eff. Jan. 1, 1999.

Section 30-B:20

    30-B:20 Work Release. – A sentencing court may order that any person sentenced to imprisonment in a county department of corrections facility may be released therefrom by the superintendent with the approval of the sentencing court at the time of sentence, or at any time during the term of sentence based on the rules and regulations of the county correctional facility for such purposes as the superintendent may deem conducive to his or her rehabilitation. Such release shall be for such terms or intervals of time and under such terms and conditions as may be permitted by the facility's rules and regulations or as the court may order. Any part of a day spent in the free community under such a release order shall be counted as a full day toward the serving of the sentence unless otherwise provided by the sentencing court.

Source. 1988, 89:1, eff. June 17, 1988. 2003, 237:9, eff. Jan. 1, 2004.

Section 30-B:21

    30-B:21 Temporary Removal or Transfer. –
I. (a) Any person confined in a county department of corrections facility may be transferred by the superintendent of the transferring county department of corrections to any other county department of corrections facility or to the county department of corrections in another county when such transfer is in the public interest and subject to the approval of the county commissioners of the county to which the transfer is planned for the purpose of facilitating work release or for other good cause shown.
(b) The superintendent may transfer a prisoner, without the approval of the county commissioners, if the superintendent determines the transfer is necessary for public safety or emergency reasons. The county commissioners shall review any such transfer at their next regular meeting. If the county commissioners reject the transfer, the prisoner shall be returned to the facility from which the prisoner came as soon as practicable.
II. The expense of transfer and maintenance shall be paid by the transferring county, unless waived by the receiving county department of corrections in accordance with a reciprocal or other arrangement between the counties involved. The superintendent of the transferring county department of corrections shall have custody over the prisoner during the transfer by a regular or specially authorized officer of that county. Upon admittance to the receiving facility, the prisoner shall be under the custody of the superintendent of the receiving county department of corrections. A prisoner shall have the right to contest any transfer under this section or to request a transfer by petition to the sentencing court. If a prisoner contests a transfer, the superintendent of the transferring county department of corrections may proceed with the transfer pending the outcome of the petition to the sentencing court.

Source. 1988, 89:1. 1991, 316:2. 1993, 302:1, eff. June 23, 1993. 2011, 65:1, eff. July 15, 2011.

Section 30-B:22

    30-B:22 Removal of Prisoners for Public Safety or Emergency Reasons or Because of Epidemic or Repairs to Facility. –
I. Whenever the prevalence of disease, or the rebuilding or repairing of a correctional facility or for other cause, the superintendent of the county department of corrections shall think it expedient that the prisoners be removed therefrom, the county commissioners may authorize the superintendent to remove the prisoners to some other facility in the same or another county location, there to be detained, in the same manner and by the same process as in the correctional facility from which they were so removed, until removed by similar process or discharged according to law.
II. The superintendent may remove a prisoner, without the approval of the county commissioners, if the superintendent determines the removal is necessary for public safety or emergency reasons. The county commissioners shall review any such removal at their next regular meeting. If the county commissioners reject the removal, the prisoner shall be returned to the facility from which the prisoner came as soon as practicable.

Source. 1988, 89:1, eff. June 17, 1988. 2003, 237:13, eff. Jan. 1, 2004. 2011, 65:2, eff. July 15, 2011.

Section 30-B:23

    30-B:23 Expense of Removal. – The expenses of removing and maintaining prisoners incurred under RSA 30-B:22 shall be defrayed by the county from which they are removed.

Source. 1988, 89:1, eff. June 17, 1988.

Section 30-B:24

    30-B:24 Repealed by 2003, 237:15, eff. Jan. 1, 2004. –

County Transport and Custody Officers

Section 30-B:25

    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.

Source. 2013, 194:1, eff. Aug. 31, 2013.

Section 30-B:26

    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.

Source. 2013, 194:1, eff. Aug. 31, 2013.