Revision: March 15, 2023, 11:13 a.m.
SB 249-FN - AS INTRODUCED
2023 SESSION
23-0956
04/07
SENATE BILL 249-FN
AN ACT relative to the release of a defendant pending trial.
SPONSORS: Sen. Abbas, Dist 22; Sen. Birdsell, Dist 19; Sen. Carson, Dist 14; Rep. Roy, Rock. 31; Rep. Rhodes, Ches. 17; Rep. Lynn, Rock. 17
COMMITTEE: Judiciary
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ANALYSIS
This bill provides that a person who commits certain offenses while out on bail shall be detained in pretrial detention.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23-0956
04/07
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT relative to the release of a defendant pending trial.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Bail and Recognizances; Release of a Defendant Pending Trial. Amend RSA 597:2, III(c) to read as follows:
(c) Failure of a person to abide by previous bail conditions. [If there is probable cause to believe that, while on release pending resolution of a previous offense, the person committed a felony, class A misdemeanor, or driving or operating while impaired, there shall be a rebuttable presumption that the person will not abide by a condition that the person not commit a new offense. The court shall not impose a financial condition that will result in the pretrial detention of the person solely as a result of that financial condition unless the court determines by clear and convincing evidence after a hearing that no reasonable alternative or combination of conditions will assure that the person will not commit a new offense. The court may consider any relevant factors in making its determination.] If there is probable cause to believe that a person, while on release pending resolution of a previous offense, committed a felony, class A misdemeanor, or driving or operating while impaired, was released on bail, and thereafter was arrested for a third felony, class A misdemeanor, or driving or operating while impaired, the person shall be detained in pretrial detention based upon the rebuttable presumption that the person will not abide by a condition that the person not commit a new offense.
2 Effective Date. This act shall take effect January 1, 2024.
23-0956
Revised 3/15/23
SB 249-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to the release of a defendant pending trial.
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
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STATE: | FY 2023 | FY 2024 | FY 2025 | FY 2026 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
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LOCAL: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
METHODOLOGY:
This bill provides that a person who commits certain offenses while out on bail shall be detained
in pretrial detention.
The Judicial Branch indicates this bill would modify existing law under RSA 597:2, III(c) regarding when the rebuttable presumption applies that the person will not abide by a condition that the person not commit a new offense. Current law provides that the rebuttable presumption applies with the second arrest. The bill would shift that presumption to the third arrest. It is unclear from the bill as written whether the third arrest must occur while the person was subject to the bail conditions of the second arrest, or any time after the person was arrested the second time, without regard to the person’s bail status. The Judicial Branch assumes that the bill is intended to mean that the third arrest must occur while the bail conditions from the second arrest are still in effect. The bill adds a requirement that the person shall be detained in pretrial detention based upon the rebuttable presumption that the person will not abide by a condition that the person not commit a new offense. Current law does not require the pretrial detention. The Judicial Branch assumes this bill may result in an increase in the number of incarcerated bail hearings and the associated costs, but the Branch is unable to quantify the size of such increase, if any.
The New Hampshire Municipal Association indicates this bill would have an indeterminable
impact on local expenditures. Police departments transport persons arrested for the enumerated
crimes to county correctional facilities to be held, depending on the time of day and availability of
defense attorneys and judges. The cost to municipalities depends on the location of the police
department, the court, the county correctional facility, and on the time of day. However, the
Association can make no broad statement as to fiscal impact of this bill on local expenditures
The New Hampshire Association of Counties is unable to determine the cost associated with this
bill. The Association assumed it would likely increase county prison populations and associated
costs for meals, medical and mental health services.
AGENCIES CONTACTED:
Judicial Branch, New Hampshire Municipal Association and New Hampshire Association of
Counties