Bill Text - HB498 (2022)

(New Title) relative to the payment of bail commissioners.


Revision: Jan. 11, 2021, 2:48 p.m.

HB 498-FN - AS INTRODUCED

 

 

2021 SESSION

21-0457

04/08

 

HOUSE BILL 498-FN

 

AN ACT relative to the appointment of bail commissioners.

 

SPONSORS: Rep. Alexander Jr., Hills. 6; Rep. Infantine, Hills. 13; Rep. Post, Hills. 4; Rep. P. Schmidt, Straf. 19; Rep. Meuse, Rock. 29; Rep. Lang, Belk. 4; Sen. Carson, Dist 14

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill creates a bail commissioners board in each county to appoint bail commissioners who shall be qualified to serve as bail commissioners statewide.  The bill also requires the court to pay the bail commissioner's fee in cases where a defendant claims, but is not proven to be indigent.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

21-0457

04/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT relative to the appointment of bail commissioners.

 

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

 

1  Bail and Recognizances; Determination of Indigence and Payment of Bail Commissioner Fee.  Amend RSA 597:2-b, I to read as follows:

I.  The arresting officer, at the point of arrest, shall inform the offender of the availability of the services of the bail commissioner.  If the offender elects to utilize the bail commissioner's services and is not indigent, the offender shall pay the bail commissioner's fee directly to the bail commissioner.  If the offender elects to utilize the services of the bail commissioner, but claims indigence, the court shall[, to the extent of available funding, utilize all possible means to] pay the bail commissioner's fee[,] and shall include written evidence of fee payment in the offender's case file.

2  Bail Commissioners; Superior Court; Circuit Court.  Amend RSA 597:15 and RSA 597:15-a to read as follows:

597:15 Superior Court.  The [superior court] bail commissioners board established in RSA 597:15-c may appoint justices of the peace and quorum as commissioners authorized to fix and receive bail in criminal or civil cases as hereinafter provided.  The [superior court] board shall not appoint as a bail commissioner anyone whose appointment would present a conflict of interest or an appearance of bias in the carrying out of his or her duties as a bail commissioner.

597:15-a  Circuit Court.  The [circuit court] bail commissioners board established in RSA 597:15-c may appoint justices of the peace and quorum as commissioners authorized to fix and receive bail and other fines and fees as authorized by law in criminal or civil cases as hereinafter provided.  The [circuit court] board shall not appoint as a bail commissioner anyone whose appointment would present a conflict of interest or an appearance of bias in the carrying out of his or her duties as a bail commissioner.

3  New Section; Bail Commissioners; Bail Commissioners Board Established.  Amend RSA 597 by inserting after section 15-b the following new section:

597-15-c  Bail Commissioners Board.  There is established a bail commissioners board which shall be responsible for the appointment of bail commissioners pursuant to the requirements of this chapter.  There shall be one board in each county of the state which shall consist of the county attorney, or designee; the managing attorney of the New Hampshire public defender's office serving that county, or designee; and a justice of the county superior court, appointed by the chief justice of the superior court.  A vacancy on the board shall be filled in the same manner as the original appointment.  A bail commissioner appointed by the board shall be qualified to act as a bail commissioner in any county in the state.   

4  Bail Commissioners; Term and Identification.  Amend RSA 597:17, II to read as follows:

II.  The [administrative judge] chief justice of the superior court [or the circuit court] shall issue an identification card to each qualified bail commissioner in the state.

5  Bail Commissioners; Educational Requirements for Bail Commissioners.  Amend RSA 597:18-a to read as follows:

597:18-a  Educational Requirements for Bail Commissioners.

I.  During September or October of each year, a justice of the superior court, under the direction of the [administrative judge] chief justice of the superior court[, and a justice from the circuit court, under the direction of the administrative judge of the circuit court,] shall hold a meeting with all bail commissioners under the jurisdiction of such courts.  This meeting shall be for the purpose of educating bail commissioners on the laws concerning their powers and duties.

II.  The [administrative judges] chief justice of the superior [and circuit courts] court shall [jointly] develop an education program to ensure that bail commissioners have current information regarding the status of the laws affecting bail commissioners and the powers and duties of bail commissioners.

III.  A copy of all laws concerning bail commissioners and a copy of the latest edition of the Bail Commissioner's Handbook shall be provided to each bail commissioner at this annual meeting.

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

 

LBA

21-0457

1/8/21

 

HB 498-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to the appointment of bail commissioners.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2021

FY 2022

FY 2023

FY 2024

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

$0

In excess of $636,000

In excess of $848,000

In excess of $848,000

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

 

 

 

 

METHODOLOGY:

This bill creates a bail commissioners board in each county to appoint bail commissioners who shall be qualified to serve as bail commissioners statewide.  The bill also requires the court to pay the bail commissioner's fee in cases where a defendant claims, but is not proven to be indigent.

 

The Judicial Branch indicates this bill would strike the limitation on payment of bail commissioner fees for an indigent party “to the extent of available funding.”  Payment of bail commissioner fees for indigent parties is not part of the Branch's budget.  The bill would shift the duty to develop an education program and hold an annual meeting for bail commissioners    from the Circuit Court Administrator to the Superior Court Chief Justice.  Although these are duties currently being undertaken by the Judicial Branch, the shift from circuit court to superior court will result in new duties being performed by personnel who do not currently provide those services.  As a result, there will be a fiscal impact on the superior court, but the impact is indeterminable since those duties will be taken away from circuit court personnel.   

 

The Branch states the number of parties that qualify as indigent varies, but Judicial Branch estimated a fiscal impact of approximately $848,000 calculated as follows:

  • In 2019, the Circuit Court received approximately 65,750 criminal court filings.  The Circuit Court estimates approximately 50% of those filings are class A misdemeanors, and in approximately 50% of those class A misdemeanor parties are indigent.
  • In 2019, the Superior Court received approximately 9,510 criminal court filings.  The Superior Court estimates approximately 50% of those involve indigent parties.
  • Using these figures, approximately 21,200 parties would qualify as indigent.  Bail Commissioner fees are $40.00, which would require an appropriation of $848,000.

 

Because the bill would become effective 60 days after passage, the Branch estimated the fiscal impact for FY 2022 would be less based on a start date of September 1, 2021, or 9 months.

 

The bill would also create ten bail commissioners boards, one for each county.  Each board would include a superior court judge.  The ten boards would be responsible for appointing bail commissioners who would be able to serve in any county.  The Branch indicates this expansion would greatly increase the time and resources spent on the appointment of commissioners when compared to current practice.   

 

The New Hampshire Association of Counties assumes members of the board would serve as volunteers and there would be little to no impact on county finances.

 

AGENCIES CONTACTED:

Judicial Branch and New Hampshire Association of Counties