Revision: March 6, 2024, 3:28 p.m.
Senate Judiciary
March 6, 2024
2024-0983s
09/08
Amendment to SB 578-FN
Amend the bill by replacing section 1 with the following:
1 New Paragraph; Bail and Recognizances; General Provisions; Release of a Defendant Pending Trial. Amend RSA 597:2 by inserting after paragraph X the following new paragraph:
XI.(a) New Hampshire court systems, the state, and counties shall not require indigent defendants to pay for their own pretrial electronic monitoring equipment and use thereof if the defendant’s case terminates without a conviction for any offense. Pretrial electronic monitoring equipment and use thereof shall be paid for by the New Hampshire court in which the defendant is charged if that court is providing or requiring pretrial electronic monitoring, or by the county or agency requiring or providing pretrial electronic monitoring, if a defendant is indigent. For the purposes of RSA 597:2, XI only, “indigent defendant” means a defendant who does not possess the ability to pay for the cost of their own pretrial services. A defendant shall not be denied or offered a different amount of pretrial services than the defendant would have been offered before the enactment of this paragraph. The court, county, or agency providing the pretrial services or monitoring shall determine an estimated cost of indigent pretrial electronic monitoring and request adequate appropriation in its yearly budget. The court shall report annually to the legislature on the number of indigent defendants who are offered pretrial electronic monitoring.
(b) The court shall develop uniform criteria to evaluate and determine whether a defendant has the ability to pay the cost of his or her own pretrial electronic monitoring and the use thereof. Those facilities that utilize electronic monitoring for pretrial services shall take into consideration at that time the ability of the individual to pay when setting fees for electronic monitoring. Based on that determination, the defendant may be provided with the electronic monitoring device in accordance with subparagraph XI(a) at no cost. The defendant shall not be liable to reimburse the court, county, or agency covering the cost of the electronic monitoring service if the defendant’s case terminates without a conviction for any offense.
(c) For the purposes of this section, a conviction shall include any plea of guilty or nolo contendere to any originally charged offense or any greater or lesser related offense.
2024-0983s
AMENDED ANALYSIS
This bill prohibits criminal defendants from being charged for the cost of electronic monitoring in certain circumstances.