HB428 (2011) Detail

Relative to the procedures for detention and sanctions for default and breach of conditions of bail and recognizances.


HB 428-FN – AS INTRODUCED

2011 SESSION

11-0822

04/09

HOUSE BILL 428-FN

AN ACT relative to the procedures for detention and sanctions for default and breach of conditions of bail and recognizances.

SPONSORS: Rep. P. Garrity, Hills 14; Rep. Rhodes, Hills 22; Rep. D. Sullivan, Hills 8; Rep. Rokas, Hills 12

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill establishes a procedure for cases in which a court recommends that a defendant participate in a pretrial supervision program at a county correctional facility. The bill also amends the term “peace officer” to read “law enforcement officer” in the statute on default or breach of conditions of bail or recognizances.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11-0822

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT relative to the procedures for detention and sanctions for default and breach of conditions of bail and recognizances.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Bail and Recognizances; Detention and Sanctions for Default or Breach of Conditions. Amend RSA 597:7-a, I and I(a) to read as follows:

I. A [peace] law enforcement officer may detain an accused until he can be brought before a justice if he has a warrant issued by a justice for default of recognizance or for breach of conditions of release or if he witnesses a breach of conditions of release. The accused shall be brought before a justice for a bail revocation hearing within 48 hours, Saturdays, Sundays and holidays excepted.

I-a. If a person violates a restraining order issued under RSA 458:16, III, or a protective order issued under RSA 633:3-a, or a temporary or permanent protective order issued under RSA 173-B by committing assault, criminal trespass, criminal mischief, or another criminal act, a [peace] law enforcement officer shall arrest the accused, detain the accused pursuant to RSA 594:19-a, bring the accused before a justice pursuant to RSA 594:20-a, and refer the accused for prosecution. Such arrest may be made within 12 hours after a violation without a warrant upon probable cause whether or not the violation is committed in the presence of the [peace] law enforcement officer.

2 New Paragraph; Bail and Recognizances; Detention and Sanctions for Default or Breach of Conditions. Amend RSA 597:7-a by inserting after paragraph IV the following new paragraph:

V. The court may recommend that a defendant participate in an established pretrial supervision program at a county correctional facility which offers such a program. The court may recommend that the defendant’s bail be converted to personal recognizance if the superintendent of the county correctional facility accepts the defendant into the pretrial supervision program and the defendant agrees to comply with all orders, conditions, and terms of such program. If the defendant fails to so comply, the superintendent may order the defendant to be removed from the program. Upon removal, the defendant shall be returned to the county correctional facility and the defendant’s bail shall immediately revert to cash or surety in the amount specified in the original bail order. If the superintendent determines that the defendant has violated the conditions of his or her release, the superintendent shall notify the court which ordered the release, and the state may proceed against the defendant under the provisions of paragraphs II-IV.

3 Effective Date. This act shall take effect January 1, 2012.

LBAO

11-0822

01/03/11

HB 428-FN - FISCAL NOTE

AN ACT relative to the procedures for detention and sanctions for default and breach of conditions of bail and recognizances.

FISCAL IMPACT:

      The New Hampshire Association of Counties states this bill may decrease county expenditures by an indeterminable amount in FY 2012 and in each fiscal year thereafter. There will be no fiscal impact on state, county and local revenues or state and local expenditures.

METHODOLOGY:

    The New Hampshire Association of Counties states this bill establishes procedures by which a defendant may participate in a county pre-trial supervision program operated by a county which offers such a program. The Association states to the extent any individual may be prevented from later incarceration in a county correctional facility under this bill, county expenditures will decrease to the extent the pre-trial supervision program costs are less than incarceration costs. The Association is unable to determine any actual decrease in expenditures as it is unable to predict participation rates in this program.