Revision: March 3, 2021, 12:13 p.m.
HB 498-FN - AS AMENDED BY THE HOUSE
24Feb2021... 0255h
2021 SESSION
21-0457
04/08
HOUSE BILL 498-FN
AN ACT relative to the payment 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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AMENDED ANALYSIS
This bill requires the court to determine the offender's indigence using established criteria for the purpose of the offender's ability to pay the bail commissioner's fee.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24Feb2021... 0255h 21-0457
04/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT relative to the payment 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, based on the uniform criteria developed to determine indigence for the purpose of paying a bail commissioner's fee under paragraph II, 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 Effective Date. This act shall take effect 60 days after its passage.
21-0457
Amended 3/3/21
HB 498-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2021-0255h)
AN ACT relative to the payment of bail commissioners.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| 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 | |||
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METHODOLOGY:
This bill requires the court to determine the offender's indigence using established criteria for
the purpose of the offender's ability to pay the bail commissioner's fee.
The Judicial Branch indicates this bill would amend RSA 597:2-b, I by striking the limitation on payment of bail commissioner fees for an indigent party; “to the extent of available funding.” The payment of bail commissioner fees for indigent parties is not funded in the budget. Although the number of parties that would qualify as indigent varies, the Branch estimates the fiscal impact for this bill is approximately $848,000 calculated as follows:
Based on these 2019 figures, approximately 21,200 parties would qualify as indigent. Bail Commissioner fees are $40.00, which would require an additionanl appropriation of $848,000. Since the bill would become effective 60 days after passage, the Branch assumed a start date of September 1, 2021. The Branch suggests the estimate of 50% eligibility for State payment of bail commissioner fees may be conservative given that approximately 90% of defendants qualify for court appointed counsel. The estimate is also conservative since it was based on felonies and Class A misdemeanor cases, although is it not unusual for a bail commissioner to be called for non-A misdemeanor cases, for example a DUI offense
The Branch expects there may be reductions to their annual cost estimate based on case-specific determinations that a party is not indigent for purposes of payment of the bail commissioner fee. Any such reduction cannot be determined until a process is established and the Courts have data on the number of parties who, on average, are not indigent for purposes of payment of the fee.
The Branch states it would also inncur additional costs to develop forms for parties to complete in order to provide information about ability to pay. Bail commissioner fees are generally collected by the bail commissioners themselves without court involvement. In order to implement the bill, the Judicial Branch and bail commissioners will need to develop a process by which the status of payment to the bail commissioner can be communicated to the court and recorded by the clerk in order to to avoid double payment to the bail commissioner.
AGENCIES CONTACTED:
Judicial Branch