Bill Text: NH HB1476 | 2022 | Regular Session | Amended
Bill Title: Relative to release of a defendant pending trial.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2022-05-26 - Pending Motion Committee of Conference Report # 2022-2089c; 05/26/2022; Senate Journal 13 [HB1476 Detail]
Download: New_Hampshire-2022-HB1476-Amended.html
HB 1476-FN - AS AMENDED BY THE SENATE
15Mar2022... 0895h
04/28/2022 1686s
2022 SESSION
22-2058
04/11
HOUSE BILL 1476-FN
AN ACT relative to release of a defendant pending trial.
SPONSORS: Rep. Berry, Hills. 44; Rep. Shaw, Hills. 16; Rep. Alexander Jr., Hills. 6; Rep. Ankarberg, Straf. 10; Rep. Hamer, Hills. 17; Rep. Burt, Hills. 39; Rep. Long, Hills. 10; Rep. McLean, Hills. 44
COMMITTEE: Criminal Justice and Public Safety
-----------------------------------------------------------------
AMENDED ANALYSIS
This bill lists certain offenses which, if committed by the defendant, create a rebuttable presumption that a defendant is a danger to the public and shall be detained for up to 36 hours.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
15Mar2022... 0895h
04/28/2022 1686s 22-2058
04/11
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
AN ACT relative to release of a defendant pending trial.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Bail and Recognizances; Release of a Defendant Pending Trial. Amend RSA 597:2, I-III(a) to read as follows:
597:2 Release of a Defendant Pending Trial.
I. Except as provided in paragraph III or VI, upon the appearance before the court of a person charged with an offense, the court shall issue an order that, pending arraignment or trial, the person be:
(a) Released on his or her personal recognizance or upon execution of an unsecured appearance bond, pursuant to the provisions of paragraph III;
(b) Released on a condition or combination of conditions pursuant to the provisions of paragraph III;
(c) Detained; or
(d) Temporarily detained to permit revocation of conditional release pursuant to the provisions of paragraph VIII.
II. Except as provided in RSA 597:1-d, a person charged with a probation violation shall be entitled to a bail hearing. The court shall issue an order that, pending a probation violation hearing, the person be:
(a) Released on his or her personal recognizance or upon execution of an unsecured appearance bond, pursuant to the provisions of paragraph III;
(b) Released on a condition or combination of conditions pursuant to the provisions of paragraph III; or
(c) Detained.
III. When considering whether to release or detain a person, the court and, if applicable, a bail commissioner shall consider the following issues:
(a) Safety of the public or the defendant.
(1) Except as provided in RSA 597:1-c, a person who is charged with homicide under RSA 630; first degree assault under RSA 631:1; second degree assault under RSA 631:2; domestic violence under RSA 631:2-b; aggravated felonious sexual assault under RSA 632-A:2; felonious sexual assault under RSA 632-A:3; kidnapping under RSA 633:1; stalking under RSA 633:3-a; trafficking in persons under RSA 633:7; robbery under RSA 636:1, III; possession, manufacture, or distribution of child sexual abuse images under RSA 649-A; or computer pornography and child exploitation under RSA 649-B; shall not be brought before a bail commissioner and shall, upon arrest, be detained for a period of not more than 36 hours from the time of his or her arrest, excluding Saturdays, Sundays and holidays.
(2) If a person is charged with any other criminal offense, an offense listed in RSA 173-B:1, I, or a violation of a protective order under RSA 458:16, III, or after arraignment, is charged with a violation of a protective order issued under RSA 173-B, the court may order preventive detention without bail, or, in the alternative, may order restrictive conditions including but not limited to electronic monitoring and supervision, only if the court determines by clear and convincing evidence that release will endanger the safety of that person or the public. In determining whether release will endanger the safety of that person or the public, the court may consider all relevant factors presented pursuant to paragraph IV.
2 Effective Date. This act shall take effect January 1, 2023.
22-2058
Redraft 11/23/21
HB 1476-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to persons arrested while out on bail.
FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None
|
| |||
| Estimated Increase / (Decrease) | |||
STATE: | FY 2022 | FY 2023 | FY 2024 | FY 2025 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
|
|
|
|
|
COUNTY: |
|
|
|
|
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
|
|
|
|
|
METHODOLOGY:
This bill provides that a person who commits an offense while on bail shall be detained without
bail pending a hearing before a judge.
The Judicial Branch indicates this bill would strike the discretionary 72 hour detention; notice to body responsible for the released person to provide an opportunity to take the person into custody, and replace it with a provision that requires the person be held in preventive detention without bail pending a hearing for not more than 72 hours. It would further prohibit personal recognizance bail. The Branch does not track the number of persons who are on release and who are subsequently arrested for committing a new crime and cannot therefore estimate the number of new bail hearings that would occur. In addition, the Branch does not track how many persons are taken into custody by probation or parole officials or police officials under the current system who would not be notified of the arrest and pending bail hearing under the proposal in this bill. It is also unknown what impact the prohibition on personal recognizance bail would have on the number of appeals that may be taken from bail decisions, but the Judicial Branch assumes there would be an increase in bail appeal hearings filed in Superior Court.
With the inclusion of all misdemeanor charges and the likely increase in appeals of bail decisions to the Superior Court, the Judicial Branch assumes this bill will likely result in a substantial increase in bail hearings in both the Superior (for felonies and bail decision appeals) and Circuit Courts (for misdemeanor bail hearings). This will likely result in the need for additional judicial and clerical resources in both court systems to manage the increase in hearings and coordination of hearing times with the county jails.
The Department of Corrections is not able to determine the fiscal impact of this bill because it is not able to predict the number of individuals who would be subject to this bill. The bill has the potential to increase the number of individuals returned to a Department of Corrections facility on parole violations, as the probation/parole officer will no longer be able to make the determination of whether or not a person is returned to the facility. Based on data from the last 13 months, there was an average of 42 parole violators and 6 probation violators per month. The Department states the average annual cost of incarcerating an individual in the general population for the fiscal year ending June 30, 2021 was $54,386. The average cost to supervise an individual by the Department’s Division of Field Services for the fiscal year ending June 30, 2021 was $603.
The New Hampshire Association of Counties states this bill would increase costs for the county houses of corrections as they would hold people longer. The Association is unable to predict how many crimes will be committed while a person is out on bail, and therefore is unable to determine the cost to county government.
The New Hampshire Municipal Association states municipalities may save officer time and pay as they would no longer need to call bail commissioners and wait for their response, but they also may need to transfer additional arrestees to the county house of correction. The Association indicates it is unlikely that municipalities would incur significant costs as a result of this change in process.
It is assumed that any fiscal impact would occur after FY 2022.
AGENCIES CONTACTED:
Judicial Branch, Department of Corrections, New Hampshire Association of Counties and New Hampshire Municipal Association
