1 Bail and Recognizances; Release of a Defendant Pending Trial. Amend RSA 597:2, II to read as follows:

II. The court or justice shall order the prearraignment or pretrial release of the person on his or her personal recognizance, or upon execution of an unsecured appearance bond in an amount specified by the court, subject to the condition that the person not commit a crime during the period of his or her release, and subject to such further condition or combination of conditions that the court may require, unless the court determines. The court shall order the prearraignment or pretrial release of the person, unless the court finds by a preponderance of the evidence that such release will not reasonably assure the appearance of the person as required or will endanger the safety of the person or of any other person or the community. The court shall consider the financial resources of the person who is detained when setting cash bail and shall not set cash bail in an amount resulting in pretrial incarceration. The court may also consider as a factor in its determination under this paragraph or paragraph III that a person who is detained as a result of his or her inability to meet the required conditions or post the required bond is the parent and sole caretaker of a child and whether, as a result, such child would become the responsibility of the division of children, youth, and families.

2 Effective Date. This act shall take effect 60 days after its passage.

1 Bail and Recognizances; Release of a Defendant Pending Trial. Amend RSA 597:2, II to read as follows:

II. The court or justice shall order the prearraignment or pretrial release of the person on his or her personal recognizance, or upon execution of an unsecured appearance bond in an amount specified by the court, subject to the condition that the person not commit a crime during the period of his or her release, and subject to such further condition or combination of conditions that the court may require. The court shall order the prearraignment or pretrial release of the person, unless the court finds by a preponderance of the evidence that such release will not reasonably assure the appearance of the person as required or will endanger the safety of the person or of any other person or the community. The court shall consider the financial resources of the person who is detained when setting cash bail and shall not set cash bail in an amount resulting in pretrial incarceration. The court may also consider as a factor in its determination under this paragraph or paragraph III that a person who is detained as a result of his or her inability to meet the required conditions or post the required bond is the parent and sole caretaker of a child and whether, as a result, such child would become the responsibility of the division of children, youth, and families.

2 Effective Date. This act shall take effect 60 days after its passage.