Revision: March 8, 2022, 11:28 a.m.
Rep. Berry, Hills. 44
March 1, 2022
2022-0895h
04/08
Amendment to HB 1476-FN
Amend the bill by replacing section 1 with the following:
1 Bail and Recognizances; Release of a Defendant Pending Trial. Amend RSA 597:2, VIII to read as follows:
VIII.(a) A person charged with an offense who is, or was at the time the offense was committed, on release pending trial for a felony or misdemeanor under federal or state law, release pending imposition or execution of sentence, appeal of sentence or conviction, or completion of sentence, for any offense under federal or state law; or probation or parole for any offense under federal or state law, except as provided in RSA 597:1-d, III[, may]; or a person charged with a class B misdemeanor, third or subsequent offense, shall be detained for a period of not more than [72] 36 hours from the time of his or her arrest, excluding Saturdays, Sundays and holidays[. The law enforcement agency making the arrest shall notify the appropriate court, probation or parole official, or federal, state, or local law enforcement official. Upon such notice, the court shall direct the clerk to notify by telephone the department of corrections, division of field services, of the pending bail hearing. If the department fails or declines to take the person into custody during that period, the person shall be treated in accordance with the provisions of law governing release pending trial. Probationers and parolees who are arrested and fail to advise their supervisory probation officer or parole officer in accordance with the conditions of probations and parole may be subject to arrest and detention as probation and parole violators.] and, notwithstanding paragraph III, shall be held in preventive detention without bail pending a hearing before a judge. The court shall not order personal recognizance bail in such cases.