HB223: relative to the temporary removal of inmates.

CHAPTER 32

HB 223 - FINAL VERSION

2003 SESSION

03-0700

04/09

HOUSE BILL 223

AN ACT relative to the temporary removal of inmates.

SPONSORS: Rep. Tholl, Coos 2

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill requires the sentencing court to be notified that an inmate is being transferred for medical purposes for more than 24 hours, only if the inmate will not be in the custody of correctional personnel at the medical facility. The bill also removes the requirement that a superior court judge approve the transportation of an inmate from a place of detention to a federal or state court if such court appearance exceeds 12 hours.

This bill is a request of the department of corrections.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-0700

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to the temporary removal of inmates.

Be it Enacted by the Senate and House of Representatives in General Court convened:

32:1 Temporary Removal of Prisoners; Illness or Emergency. Amend RSA 623:1, I to read as follows:

I. Any person confined in a county department of corrections facility, state prison or other place of detention may, under necessary precautions, be taken by some regular or specially authorized officer from such place of detention to a medical facility for the purpose of receiving medical examination or treatment upon recommendation of a physician or an advanced registered nurse practitioner (ARNP) and upon approval of the administrator of the institution in which the person is confined. In the case of a transfer for medical purposes for a period in excess of 24 hours, the justice of the court who originally ordered the prisoner's commitment shall be given written notice of the transfer within 5 days of said transfer, and shall be given notice upon the return of the prisoner within 5 days of the prisoner's return, provided the prisoner is not in the custody of correctional personnel while at the medical facility. The provisions of RSA 402:79 shall apply to payments for medical care provided pursuant to this section.

32:2 Temporary Removal of Prisoners; Court Appearances. Amend RSA 623:1-a to read as follows:

623:1-a Court Appearances. Any person confined in a county department of corrections facility, state prison, or other place of detention may, under necessary precautions and upon approval of the administrator of the institution in which said person is confined, be taken by some regular or specially authorized officer from such place of detention to a state or federal court within the state of New Hampshire to appear in a proceeding before that court[, provided that the absence of the inmate from the place of detention shall not exceed 12 hours without approval of a justice of the superior court]. During the time period such person is in a state courthouse, the sheriff, through the sheriff's deputies and bailiffs, shall be responsible for such person's custody and control.

32:3 Effective Date. This act shall take effect January 1, 2004.

(Approved: May 2, 2003)

(Effective Date: January 1, 2004)