1. (a) Once it has been determined that a resident is contesting the decision to move him or her to the SPU, as described above, the administrator of medical and forensics, or his or her designee, shall appoint 3 individuals to serve in the required positions needed to execute the due process hearing, as outlined below:

   1. (1) Independent decision maker, who shall make the final determination whether the move is warranted and necessary;
   2. (2) Offender advocate, who shall work with the resident helping him or her prepare for the due process hearing, this may include contacting community advocates, if requested by the resident, which may include but not be limited to a disability rights representative, or a personal attorney. The offender advocate may also arrange for resident requested witnesses to be present if appropriate; and
   3. (3) Department advocate, who shall represent the department and validate why this movement is necessary to ensure resident and staff safety.
2. (b) The sending facility shall have completed this due process hearing prior to movement of a resident barring exigent circumstances which shall include, but not be limited to, emergency transfer of a resident to the SPU for emergency treatment, in such cases the due process hearing shall be executed within 24 hours following the transfer of the resident, if requested.

3. (c) The sending facility shall prepare the following sections of the “Transfer of a Person Under Departmental Control to the Secure Psychiatric Unit for Behavioral Health Treatment Services Pursuant to RSA 623:1” form prior to a due process hearing being held:

   1. (1) The resident’s name;
   2. (2) The sending facility name and address;
   3. (3) The name and title of the staff person completing the form;
   4. (4) The name, date and time of the staff member who provided the resident with written notice he or she is being considered for movement to the SPU;
   5. (5) The name of the staff member who supplied the resident with a copy of resident rights;
   6. (6) The criteria for admission which has been identified necessitating the move to the SPU, as identified by circling the applicable option on page 2;
   7. (7) The recommendation made by medical staff initiating the transfer; and
   8. (8) The name and title of the offender advocate, department advocate and the independent decision maker;

4. (d) At the completion of the due process hearing, the independent decision maker shall supply the following on the form:

   1. (1) His or her name and position;
   2. (2) His or her finding of facts;
   3. (3) Rulings; and
   4. (4) The final decision reached.
5. (e) If the independent decision maker, who was appointed by the director of medical and forensics services or designee, concludes that the resident presently meets the criteria for transfer, the warden or administrator of medical and forensic services shall approve the transfer by signing and dating page 5 of the “Transfer of a Person Under Departmental Control to the Secure Psychiatric Unit for Behavioral Health Treatment Services pursuant to RSA 623:1” form.
6. (f) The correctional facility administrator shall approve the transfer by signing section 5 of the “Transfer of a Person Under Departmental Control to the Secure Psychiatric Unit for Behavioral Health Treatment Services Pursuant to RSA 623:1” form

7. (g) The resident shall receive written notice of the results of the due process hearing. The staff member who serves a completed copy of the “Transfer of a Person Under Departmental Control to the Secure Psychiatric Unit for Behavioral Health Treatment Services pursuant to RSA 623:1” form to the resident showing the decision of the independent decision maker, shall certify the resident was served by providing in the witness area the following information:

   1. (1) The printed name and title of the staff member providing the resident with the document;
   2. (2) The signature of the staff member who served the resident; and
   3. (3) The date and time the inmate received the documentation.

Source. (See Revision Note at chapter heading for Cor 500) #12793, eff 5-25-19