Revision: Jan. 21, 2010, midnight
CHAPTER 230
HB 252 – FINAL VERSION
09Mar2005… 0450h
06/02/05 1591s
2005 SESSION
09/04
HOUSE BILL 252
COMMITTEE: Criminal Justice and Public Safety
This bill requires bail hearings for persons arrested for probation violations.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09Mar2005… 0450h
06/02/05 1591s
05-0416
09/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT requiring bail hearings for persons arrested for probation violations.
Be it Enacted by the Senate and House of Representatives in General Court convened:
230:1 New Paragraph; Release of Person Detained for Probation Violation. Amend RSA 597:2 by inserting after paragraph I the following new paragraph:
I-a. 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 II;
(b) Released on a condition or combination of conditions pursuant to the provisions of paragraph III; or
(c) Detained.
230:2 New Section; Bail and Recognizances for Person Detained for Probation Violation. Amend RSA 597 by inserting after section 5 the following new section:
597:5-a When Requirable; Bail and Recognizances for Person Detained for Probation Violation. Upon motion duly made, a court shall schedule a bail hearing. Every court may, when a person is accused of an offense or a probation violation in which said court is authorized to receive bail, release said person on personal recognizance or require him or her to recognize, with sureties, to appear at a future time before the court or any other competent tribunal.
230:3 Effective Date. This act shall take effect January 1, 2006.
(Approved: July 11, 2005)
(Effective Date: January 1, 2006)