New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 623:1 (2026)
Illness or Emergency
✓ current as of May 2026
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623:1 Illness or Emergency. –
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's assistant, 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 [Repealed.]
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's assistant, 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.]
Source. 1917, 18:1. 1919, 58:1. PL 397:30. RL 461:30. RSA 623:1. 1975, 388:7. 1977, 306:1. 1979, 290:1. 1987, 250:2. 1988, 89:25. 2000, 225:2, eff. July 31, 2000. 2002, 255:1, eff. Jan. 1, 2003. 2003, 32:1, eff. Jan. 1, 2004; 237:8, eff. Jan. 1, 2004 at 12:01 a.m. 2004, 218:2, eff. June 11, 2004. 2009, 54:4, 5, eff. July 21, 2009.
Notes of Decisions
Cited in 5
cases, 1973–1986 · leading case: Laaman v. Helgemoe, 437 F. Supp. 269 (D.N.H. 1977).
Laaman v. Helgemoe, 437 F. Supp. 269 (D.N.H. 1977). “Medical transfer of prisoners to an outside medical facility is severely impeded by NH RSA 623:1 as amended in 1975. Any person confined in a county jail, house of correction, state prison, or other place of detention may, under such precautions and for such time and purpose as…”
Hoitt v. Vitek, 361 F. Supp. 1238 (D.N.H. 1973). “7 The transfer of plaintiffs to Lewisburg by the defendants was pursuant to NH RSA 623:1. 8 Although the statutory authority for the transfers is not crystal clear, by any interpretation, I assume for purposes of this opinion that the transfers were legal.”
Grindle v. Miller, 400 A.2d 787 (N.H. 1979). “RSA 623:1 (Supp. 1977). All time served, both pretrial and post-sentence, regardless of location, shall be credited against any sentence imposed.”
State v. Philbrick, 499 A.2d 1341 (N.H. 1985). “No person serving the minimum mandatory sentence under this section shall be discharged pursuant to authority granted under RSA 651:18, released pursuant to authority granted under RSA 651:19, or in any manner, except as provided in RSA 623:1, prevented from serving the full…”
State v. Gagne, 523 A.2d 76 (N.H. 1986). “On April 17, 1986, the defense counsel filed a motion requesting the defendant be transferred to-the New Hampshire Hospital for a competency evaluation, unaware that on April 16, 1986, the defendant had already been transferred there for treatment pursuant to RSA 623:1. The…”
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