New Hampshire does not have a statute limiting solitary confinement in its adult state prisons. What the state has is a framework of NHDOC administrative rules governing the Special Housing Unit (SHU) and Restrictive Housing Unit (RHU), a 2021 U.S. Commission on Civil Rights Advisory Committee Report documenting conditions, and a 2024 law (SB 591) that expanded protections against isolated confinement -- but only for youth development centers, not adult prisons.
For adult prisoners, the key features of New Hampshire's system are: mental health evaluation on entry to the SHU; diversion to mental health services for those deemed unable to safely transfer into isolation; a one-day shift out of restrictive housing every two weeks designed to prevent technical "long-term" designation -- but that allows cycling in and out indefinitely; and months-long stays documented by the U.S. Civil Rights Advisory Committee. County jails set their own policies independently of NHDOC and vary widely.
What Solitary Confinement Is Called in New Hampshire
The New Hampshire Department of Corrections (NHDOC) uses "Restrictive Housing Unit" (RHU) as a general term and operates the "Special Housing Unit" (SHU) for its most restrictive housing at the New Hampshire State Prison. Forms of restricted housing within the SHU include:
Administrative Segregation: Non-punitive separation for safety, security, or investigative reasons, without a prior hearing.
Medical Segregation: Separation related to medical or health conditions.
Punitive Segregation (Punitive Segregation is commonly referred to as "solitary confinement"): Punitive isolation following a disciplinary hearing and finding of guilt, with a defined sanction term.
The Special Housing Unit can be used for all three purposes. New Hampshire has also historically operated a "Controlled Custody Unit" -- referenced in prior reform bills as another unit where isolated housing has been used.
County jails in New Hampshire use their own terminology. "Lock-up" is the term used in many county facilities. Rockingham County limits lock-up to no more than 30 days, with a sliding scale of offenses and an exclusion of minor infractions. County jails in New Hampshire are audited and certified independently of NHDOC -- Rockingham County is certified by the National Commission on Correctional Health Care (NCCHC), which includes attention to mental health standards and segregation use. The other nine county jails reportedly are not.
The Special Housing Unit at NHSP
The New Hampshire State Prison (NHSP) in Concord operates the Special Housing Unit where the most restrictive housing occurs. Key features documented in the 2021 U.S. Civil Rights Advisory Committee Report:
Mental health evaluation at entry: People transferring into the SHU receive a mental health evaluation. Those deemed unable to safely transfer into isolation are directed to mental health services -- either through the voluntary Wellness Unit or Residential Treatment Unit, or involuntary movement to the Secure Psychiatric Unit.
One-day shift every two weeks: The SHU has a one-day shift out of restrictive housing every two weeks. This is designed to prevent placements from technically qualifying as "long-term isolated confinement" -- but it means people can be cycled in and out of the SHU on this schedule indefinitely.
Months-long stays: The Advisory Committee documented that some inmates have been in the restrictive housing system for months at a time despite the two-week cycling provision.
Who Can Be Placed in Restrictive Housing in New Hampshire
Administrative segregation can be initiated without a prior hearing for safety, security, or investigative reasons. Punitive segregation requires a disciplinary hearing and finding of guilt. Medical segregation is for health-related separation.
NHDOC policy requires mental health evaluation before placement in the SHU, with diversion to mental health services for those unable to safely enter isolated conditions.
How Long People Stay in Restrictive Housing
New Hampshire has no statute limiting the duration of adult solitary confinement. The one-day shift every two weeks is a structural tool for preventing placement from triggering "long-term" classification, but it does not limit total time in the system. The Advisory Committee documented months-long stays.
Prior reform bills that did not pass into law:
- HB 480 (2014): Would have limited solitary to defined circumstances and established protections for people with mental illness.
- HB 613 (2017): Would have defined "isolated confinement" (22+ hours/day) and "long-term isolated confinement" (30+ days); would have prohibited long-term confinement for youth and people in protective custody; would have established least-restrictive standards.
Neither bill passed. No comparable statute exists in New Hampshire adult corrections law.
SB 591 and Youth Protections
New Hampshire SB 591, passed in the summer of 2024, is the legislation identified by the Unlock the Box Campaign as the qualifying reform for New Hampshire. SB 591:
- Expands the definition of isolated confinement used in youth development centers.
- Sets settlement amounts for claims of abuse concerning isolated confinement in youth facilities.
This law applies to youth development centers -- not adult state prisons. It is an important protection for New Hampshire youth, but it does not change the framework for adult prisoners.
Mental Health Protections at NHSP
The mental health evaluation at SHU entry and diversion to NHSP's mental health units (Wellness Unit, Residential Treatment Unit, or Secure Psychiatric Unit) are the primary mental health protections in NHDOC's restrictive housing system. These are administrative provisions, not statutory protections.
There is no New Hampshire statute prohibiting placement of people with serious mental illness in adult state prison solitary confinement, though the diversion mechanism at NHSP is designed to route people with acute mental illness away from isolation.
What Families Can Do
If your person is in the SHU, RHU, or other restricted housing at a New Hampshire state prison or county jail:
For state prisons: Find where your person is housed. NHDOC provides an offender search at das.nh.gov/corrections or through the NHDOC website (corrections.nh.gov). This confirms current facility and housing status.
For county jails: New Hampshire's 10 county jails report to County Commissioners, not to NHDOC. Contact the specific county jail directly to confirm housing status, visiting rules, and the local lock-up policy. Policies vary by county.
Contact the facility. For NHSP (Concord), contact SHU administration through the NHDOC. Ask about your person's placement category (administrative, medical, or punitive), the stated reason, and current visiting and communication rules.
Know the mental health diversion process. If your person has a serious mental illness, they should have received a mental health evaluation upon SHU entry. Ask whether they were evaluated and what the outcome was. If they are in the SHU despite a serious mental illness and the evaluation process was not followed, document this and file a grievance.
Know the two-week cycling structure. If your person is being moved out of the SHU for one day every two weeks and immediately returned, document this. While not illegal under current New Hampshire law, this is the mechanism identified in the Advisory Committee Report as allowing indefinite cycling.
Document duration. New Hampshire has no statutory cap on adult solitary confinement. If your person has been in restrictive housing for months, document the start date and all review dates.
File a grievance. NHDOC has an administrative grievance process. Help your person file formal grievances for mental health evaluation failures, denial of services, or conditions that violate NHDOC administrative rules.
Contact the ACLU of New Hampshire. The ACLU of NH (aclu-nh.org) monitors NHDOC conditions and may be able to provide referrals or advocacy support.
Seek legal help. If your person has a serious mental illness and was placed in the SHU without the required evaluation, or if conditions are causing serious harm, consult a prisoner rights attorney familiar with New Hampshire federal courts.
Frequently asked questions
What is solitary confinement called in NH prisons?
NHDOC uses "Restrictive Housing Unit" (RHU) as a general term and operates the "Special Housing Unit" (SHU) at New Hampshire State Prison. Within the SHU: administrative segregation (non-punitive, without prior hearing), medical segregation (health-related), and punitive segregation (post-hearing sanction). County jails use "lock-up" or their own local terminology and set their own policies independently of NHDOC.
What is the Special Housing Unit in New Hampshire?
The SHU is NHSP's most restrictive housing unit. People entering the SHU receive a mental health evaluation; those deemed unable to safely enter isolation are directed to mental health services. The SHU has a one-day shift out of restrictive housing every two weeks -- designed to prevent placements from qualifying as "long-term" -- but people can cycle in and out indefinitely. The 2021 U.S. Civil Rights Advisory Committee documented months-long stays in the system.
Who can be placed in restrictive housing in New Hampshire?
Administrative segregation: for safety, security, or investigative reasons without a prior hearing. Punitive segregation: following a disciplinary hearing and finding of guilt. Medical segregation: for health-related separation. All SHU placements require mental health evaluation at entry, with diversion to mental health services for those unable to safely enter isolated conditions.
What are conditions like in NH restrictive housing?
People in the SHU are in isolated cells with limited contact, restricted programming, and reduced privileges. A one-day shift out of restrictive housing every two weeks is structured to prevent technical "long-term" classification. Monthly civil rights reporting from the 2021 Advisory Committee found some inmates had been in the restrictive housing system for months. Mental health evaluation is required at entry. Mental health services are available through the Wellness Unit, Residential Treatment Unit, or Secure Psychiatric Unit.
How long can someone stay in solitary in New Hampshire?
There is no statutory limit for adult state prison solitary confinement in New Hampshire. The two-week cycling provision (one day out every two weeks) prevents technical "long-term" classification but does not limit total time in the system. The Advisory Committee documented months-long stays. Prior reform bills (HB 480 in 2014, HB 613 in 2017) that would have established duration limits did not pass.
Does New Hampshire have a law limiting adult solitary?
No. New Hampshire has no statute limiting the duration, criteria, or scope of solitary confinement for adult state prisoners. County jails operate under their own policies and vary widely -- Rockingham County limits lock-up to 30 days. SB 591 (2024) expanded protections for youth in youth development centers but does not apply to adult prisons.
What did New Hampshire SB 591 change about solitary?
SB 591, passed in summer 2024, expanded the definition of isolated confinement used in New Hampshire youth development centers and set settlement amounts for abuse claims related to isolated confinement in those facilities. It applies to youth development centers only. It was the legislation identified by the Unlock the Box Campaign as qualifying New Hampshire for its list of states passing solitary confinement legislation in 2024-2025. It does not affect adult state prison or county jail practices.
Are mentally ill prisoners protected from solitary in NH?
Partially, through administrative process rather than statute. NHDOC policy requires mental health evaluation upon SHU entry, with diversion to the Wellness Unit, Residential Treatment Unit, or Secure Psychiatric Unit for people deemed unable to safely enter isolated conditions. There is no statutory prohibition on placing seriously mentally ill adults in solitary confinement in New Hampshire. The diversion mechanism is an administrative protection, not a legally enforceable right under statute.
Can families visit someone in NH restrictive housing?
Visiting is typically restricted during punitive segregation and may be restricted during administrative and medical segregation. Contact the specific facility to confirm current visiting rules before traveling. For NHSP (Concord), contact NHDOC through corrections.nh.gov. For county jails, contact the specific county facility directly. Written mail generally retains stronger protections than phone or visits during restrictive housing.
What can families do if someone is in NH solitary?
Use NHDOC's offender search through corrections.nh.gov to find your person. For county jail prisoners, contact the specific county facility. Confirm your person's placement category (administrative, medical, or punitive) and the stated reason. Ask whether a mental health evaluation was conducted upon SHU entry. Document duration and the two-week cycling schedule if applicable. File grievances through NHDOC's process. Contact the ACLU of New Hampshire (aclu-nh.org) for advocacy support and referrals. ---