HB 1249 - AS INTRODUCED
2000 SESSION
HOUSE BILL 1249
AN ACT providing that critical incident reviews conducted by the department of corrections are privileged and protected from discovery in any proceeding.
SPONSORS: Rep. Knowles, Straf 11
COMMITTEE: Criminal Justice and Public Safety
ANALYSIS
This bill provides that materials or reports generated during a department of corrections critical incident review shall be confidential and not subject to discovery in any judicial or administrative proceeding.
This bill was requested by the department of corrections.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
00-2540
05/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand
AN ACT providing that critical incident reviews conducted by the department of corrections are privileged and protected from discovery in any proceeding.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subdivision; Critical Incident Reviews. Amend RSA 622 by inserting after section 58 the following new subdivision:
Critical Incident Reviews
622:59 Critical Incident Reviews.
I. In this section:
(a) "Records" means records of interviews, internal reviews and investigations, and all reports, statements, minutes, memoranda, charts, statistics, and other documentation generated during the performance of a critical incident review or other self-analysis program conducted by the department of corrections.
(b) "Critical incident review" means a comprehensive, on-going, organization-wide system of mechanisms for monitoring and evaluating the serious incidents which happen in the New Hampshire department of corrections facilities, so that trends in the care and custody of inmates, or others under corrections supervision are identified and that steps are taken to correct problems and to take advantage of opportunities to improve operations.
(c) "Critical incident" includes suicides, serious assaults, escapes, disturbances and other such events which are not ordinary and that which impact resources or personnel in a significant way.
II. Records of a critical incident review conducted at a New Hampshire department of corrections facility at the direction of the commissioner or his designee, organized to evaluate matters relating to the critical incidents and to improve the quality of care provided including statements of employees, inmates or others relating to the critical incident review shall be confidential and privileged and shall be protected from direct or indirect means of discovery, subpoena, or admission into evidence in any judicial or administrative proceeding.
III. The commissioner of corrections may waive the privilege under this section and release information or present records of the critical incident review by discovery, subpoena or admission into evidence in any judicial or administrative proceeding.
IV. Neither the state of New Hampshire nor the commissioner of corrections shall be held liable in any action for damages or other relief arising from the providing of information concerning a critical incident review in any judicial or administrative proceeding.
2 Effective Date. This act shall take effect January 1, 2001.