Chapter 623: Temporary Removal of Prisoners

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, a physician associate, or an advanced practice registered nurse (APRN) and upon approval of the superintendent of the institution in which the person is confined. In the case of a transfer of a pretrial prisoner for medical purposes for a period in excess of 10 days, the justice of the court who originally ordered the prisoner's commitment shall be given written notice of the transfer within 15 days of said transfer, and shall be given notice upon the return of the prisoner within 15 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.

II. Any person confined in a county department of corrections facility, state prison or other place of detention may be temporarily taken from his place of confinement because of the imminently approaching death or funeral of a member of his immediate family or for other imperative and extraordinary purpose, including treatment, counseling or rehabilitation programs, for a period not exceeding 72 hours without approval by a justice of the superior court.

III, IV. [Repealed.]

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. 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.

Any person confined in a state prison may, upon recommendation of the commissioner of corrections, be transferred to a county correctional facility if such transfer is approved by the county commissioners of the county in which the receiving facility is located.

No person shall be transferred pursuant to the provisions of RSA 623:2 and RSA 21-H:8, VI, unless both the commissioner of corrections and the respective superintendent of the county department of corrections sign an authorization to permit such a transfer.