CHAPTER Saf-C 8400 Contact Person Notification Program
Statutory Authority:
RSA 106-B:7, I(a)
PART Saf-C 8401 PURPOSE
AND SCOPE
Saf-C
8401.01 Purpose. The purpose of this chapter is to set forth
the following:
(a) The administrative requirements to implement
the contact person notification program, providing law enforcement officers access to information on
the person’s disability or contact information for a legal guardian or other
individual who can assist law enforcement when communicating with persons who
have cognitive impairment or other disability which might prevent or hinder the
person’s ability to communicate;
(b) The procedure for processing an application;
(c) The procedure for determining the
validity of identity and legal guardianship information;
(d) Entering contact information into the state police online telecommunications
system (SPOTS);
(e) The procedures for a participating
person or that person's legal guardian to withdraw from the program; and
(f) The procedures for a law enforcement
officer to access contact information.
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Saf-C
8401.02 Scope.
(a) The rules shall
apply to all applicants, contact persons, participating persons, and law
enforcement agencies relative to the
contact person notification program.
(b) The following people
may apply to the contact person notification program:
(1)
A person with
a disability;
(2) A parent applying on behalf of a minor who has a
disability; and
(3) A legal guardian applying on behalf of a
person with a disability.
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PART Saf-C 8402 Definitions
Saf-C
8402.01 “Applicant” means a person who completes and submits an application form.
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Saf-C 8402.02 “Contact person”
means designated individual(s) authorized by the applicant to be contacted to
assist with communicating or sharing information with law enforcement.
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Saf-C 8402.03 “Contact person
notification program” or “program” means “contact person notification program”
or “program” as defined in RSA 106-B:35, I.
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Saf-C
8402.04 “Director” means the director of
the division of state police, or their designee.
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Saf-C
8402.05 “Disability” means a cognitive
impairment, or other physical or mental impairment which might prevent or hinder a person’s ability to communicate.
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Saf-C
8402.06 “Law enforcement agency” or “LEA” means any
government agency responsible for the enforcement of law.
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Saf-C
8402.07 “Law enforcement officer” means “law
enforcement officer” as defined in RSA 106-B:35, II.
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Saf-C
8402.08 “Parent”
means “parent” as defined in RSA 169-C:3, XXI of a minor.
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Saf-C
8402.09 “Participating person” means “participating
person” as defined in RSA 106-B:35, III. The term includes a person with a disability who has been granted
participation in the contact person notification program.
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PART Saf-C 8403 Procedure
to Apply
Saf-C
8403.01 Obtaining and Completing Application.
(a) Application forms may be obtained from
www.nhsp.dos.nh.gov/resources/documents-and-forms; or in person, during business hours, from the:
Division of State Police
Permits and Licensing
33 Hazen Dr. - 1st floor
Concord, NH 03305.
(b) An applicant applying on their own behalf
shall submit completed Form DSSP 470 “Application Form on Behalf of
Yourself”, effective 08/25 and:
(1)
Acknowledge
they are voluntarily providing contact information for and designating the contact
person(s) named to assist with communications during an encounter with law
enforcement; and
(2)
The applicant’s signature shall be notarized.
(c) A parent applying on behalf of a minor who
has a disability, or a legal guardian applying on behalf of a person with a disability, shall submit completed Form DSSP 471
“Application Form for Parent of Minor or
for Legal Guardian of Person with a Disability”, effective 08/25,
and:
(1)
Acknowledge they are the parent or legal guardian of the minor or ward named on the application;
(2)
Acknowledge that they are voluntarily providing contact information for and designating the contact person(s) named to assist
the minor or ward with communications during an encounter with law
enforcement; and
(3)
The applicant’s signature shall be notarized.
(4)
Include the following documentation where applicable:
a.
If the applicant is a parent of a minor, include a
copy of one of the following:
1. The
minor’s birth certificate;
2. Certificate
of adoption; or
3. Adoption
decree; or
b.
If the applicant is a legal guardian,
include a copy of the order appointing the guardianship that shows the powers
granted to the legal guardian.
(d)
Applicants shall submit completed
applications by:
(1)
Mailing to:
Division of State Police
Attn: NCIC
33 Hazen
Dr. – 2nd Floor
Concord, NH 03305;
(2)
Hand delivering
during business hours to:
Division of State Police
Permits and Licensing
33 Hazen
Dr. – 1st floor
Concord, NH 03305; or
b.
Any troop
station; or
(3)
Emailing to: NCIC@dos.nh.gov
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Saf-C
8403.02 Contact Persons.
(a) A person agreeing
to be a designated contact person shall:
(1) Sign the
application, Form DSSP 470 or Form DSSP 471, whichever is applicable, indicating
that they agree to be a designated contact to assist the specified person with
a disability with communications during an encounter with law enforcement; and
(2) Have their signature on the form notarized.
(b) Contact persons shall update their contact
information as necessary by completing Form DSSP 472 “Updating Information
Regarding Contact Person”, effective 08/25, and:
(1)
Have their signature on the form notarized; and
(2)
The form shall be submitted pursuant to Saf-C 8403.01(d)(1)-(3).
(c) Any person in Saf-C 8401.02(b) may designate
a new contact person for a participating person to replace an existing contact
person or to add a second contact person by completing form DSSP 473 “Replacing
or Adding a Second Contact Person”, effective 08/25, and:
(1)
The applicant or participating person’s
signature shall be notarized;
(2)
The contact
person shall acknowledge that they agree to be a designated contact to assist
the specified person
with a disability with communications during an encounter with law enforcement;
(3)
The contact person’s
signature shall be notarized; and
(4)
The form shall be submitted
pursuant to Saf-C 8403.01(d)(1)-(3).
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PART Saf-C 8404
Law
Enforcement Agency Procedure and Requirements
Saf-C
8404.01 Processing Application.
(a)
Within
30 days of receiving an application, the director shall review the application
and notify the applicant of any apparent errors or missing information.
(b)
An application shall be granted if the director
determines that the requirements set forth in Saf-C 8403.01(b)-(d) and Saf-C
8403.02 have been satisfied.
(c)
An application shall be denied if the
director determines that any of the requirements set forth in Saf-C 8403.01(b)-(d) and Saf-C 8403.02 are not met. If an
application is denied, the director shall state in writing the reason(s) for
the denial and return the application to the applicant.
(d)
Any applicant whose application is denied
may submit an application at any time.
(e)
Within 60 days of receiving an
application or receiving an applicant’s response to the director’s notification
in Saf-C 8404.01(a), the director shall notify the applicant whether the
application is granted or denied.
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Saf-C
8404.02 Maintaining Information in
State Police Online Telecommunication System.
(a) The
director shall
enter application information into SPOTS of applications that have been granted.
(b) Within 30 calendar days of receiving a completed DSSP 472 or DSSP 473,
the director shall update the information in SPOTS.
(c) Within
30 calendar days of receiving a DSSP 474 “Withdrawal From
Contact Person Notification Program Form” with section 1 or 2 completed, the director
shall remove the participating person from SPOTS. Within 30 calendar days of
receiving a DSSP 474 with section 3 completed, the director shall remove the
contact person from SPOTS.
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Saf-C 8404.03 Access.
Law enforcement officers may access contact information by querying:
(a) An individual’s name;
(b) Date of birth;
(c) Operator license number; or
(d) Miscellaneous
number, which shall be either:
(1)
Passport number; or
(2) School identification card number.
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PART Saf-C 8405 Removal from the Program
Saf-C 8405.01 Obtaining
and Completing Withdrawal Form.
(a) A participating
person who applied to the program on their own behalf may withdraw by completing
section 1 of Form 474 “Withdrawal From Contact Person
Notification Program Form”, effective 08/25, and:
(1)
The participating person’s signature shall be
notarized; and
(2)
Notification to the contact person(s) shall not
be required.
(b) A parent of a
minor or a legal guardian of a participating person may withdraw a
participating person from the program by completing section 2 of Form 474 and:
(1)
The signature of the parent or legal guardian of the participating
person shall be notarized; and
(2) Notification to the contact person(s) shall not be required.
(c) Contact
persons may withdraw themselves from the program by completing section 3 of Form
474 and by acknowledging that they have notified the participating person of
such withdrawal, unless the participating person is a minor or has a legal
guardian in which case the contact person shall acknowledge they have notified the
participating person’s parent or legal guardian.
(d) The signature of the contact person pursuant
to (c) above shall be notarized.
(e)
Form 474 shall
be submitted pursuant to Saf-C 8403.01(d)(1)-(3).
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Saf-C
8405.02 Withdrawal.
(a) If the director determines that the
requirements set forth in Saf-C 8405.01 are satisfied, the director shall withdraw the person from the
program.
(b) Upon a sole contact person’s withdrawal, the
participating person is removed from the program.
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Saf-C
8405.03 Removal Without Withdrawal Form.
(a) If the director has reason to believe that a
participating person is deceased, the director will verify such status with one
or more of the participating person’s contact person(s).
Upon confirmation that the participating person is deceased, the director shall
remove the participating person from the program.
(b) Upon the death of a participating person’s
sole contact person, the director shall remove the participating person from the program.
(c) A participating person, upon
turning 18 years old, shall be removed from the program. Such person,
however, may apply or participate in the program pursuant to Saf-C 8401.02(b)(1)
or (3).
(d) Annually, the director shall confirm the
accuracy of the contact person’s contact information. If a contact person fails to confirm their contact information within 30
days, the director shall remove the contact person from the program and notify
the participating person, unless the participating person is a minor or has a
legal guardian in which case the director shall notify the participating
person’s parent or legal guardian.
(e) Upon removing a sole contact person from the
program, the participating person shall be removed from the program.
(f) When a participating person is removed from
the program pursuant to Saf-C 8405.02(b) or this section, the director shall
notify the participating person unless the participating person is a minor or
has a legal guardian in which case the director shall notify the participating
person’s parent or legal guardian.
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APPENDIX
|
Rule |
Specific State Statute the Rule
Implements |
|
Saf-C 8401.01 |
RSA 106-B:36 |
|
Saf-C 8401.02(a) |
RSA 106-B:36 |
|
Saf-C 8401.02(b)(1) |
RSA
106-B:36, II; RSA 541-A:7 |
|
Saf-C 8401.02(b)(2) |
RSA
106-B:35, III(1); RSA 106-B:36, II; RSA 541-A:7 |
|
Saf-C 8401.02(b)(3) |
RSA
106-B:35, III(2); RSA 106-B:36, II; RSA 541-A:7 |
|
Saf-C 8402.01 |
RSA 541-A:7 |
|
Saf-C 8402.02 |
RSA 541-A:7 |
|
Saf-C 8402.03 |
RSA 541-A:7; RSA 106-B:35, I |
|
Saf-C 8402.04 |
RSA 541-A:7 |
|
Saf-C 8402.05 |
RSA 541-A:7 |
|
Saf-C 8402.06 |
RSA 541-A:7 |
|
Saf-C 8402.07 |
RSA
541-A:7; RSA 106-B:35, II |
|
Saf-C 8402.08 |
RSA
541-A:7; RSA 106-B:35, III(1); RSA 106-B:36 |
|
Saf-C 8402.09 |
RSA
106-B:35, III; RSA 106-B:36; RSA 541-A:7 |
|
Saf-C 8403.01(a) |
RSA 106-B:36 |
|
Saf-C 8403.01(b) |
RSA
106-B:35, III(1); RSA 106-B:36 |
|
Saf-C 8403.01(c) |
RSA
106-B:35, III; RSA 106-B:36 |
|
Saf-C 8403.01(d) |
RSA 106-B:36 |
|
Saf-C 8403.02 |
RSA
106-B:35, III; RSA 106-B:36 |
|
Saf-C 8404.01- Saf-C 8404.03 |
RSA 106-B:36 |
|
Saf-C 8405.01- Saf-C 8405.03 |
RSA 106-B:36, II |