Text to be removed highlighted in red.
1 New Paragraph; Release of a Defendant Pending Trial. Amend RSA 597:2 by inserting after paragraph XV the following new paragraph:
XVI. The defendant shall be deemed to be in the custody of the county department of corrections upon the issuance of an order remanding the defendant to said county's house of corrections or any other facility for unforeseen circumstances. No other law enforcement agency or officer shall be responsible for the custody or control of a person who is ordered to a county correctional facility's custody and control, other than to deliver said person to the county correctional facility as ordered, or to any facility for unforeseen circumstances, and said committed custody shall be turned over to the holding facility officer or agent where commitment was ordered.
2 Detention and Sanctions for Default or Breach of Conditions. Amend RSA 597:7-a, I to read as follows:
I. A peace officer may detain an accused until the accused can be brought before a justice if the peace officer has a warrant issued by a justice for default of recognizance or for breach of conditions of release or if the peace officer witnesses a breach of conditions of release. The accused shall be brought before a justice for a bail revocation hearing within 36 hours, Saturdays, Sundays, and holidays excepted.
3 Effective Date. This act shall take effect 60 days after its passage.
Text to be added highlighted in green.
1 New Paragraph; Release of a Defendant Pending Trial. Amend RSA 597:2 by inserting after paragraph XV the following new paragraph:
XVI. The defendant shall be deemed to be in the custody of the county department of corrections upon the issuance of an order remanding the defendant to said county's house of corrections or any other facility for unforeseen circumstances. No other law enforcement agency or officer shall be responsible for the custody or control of a person who is ordered to a county correctional facility's custody and control, other than to deliver said person to the county correctional facility as ordered, or to any facility for unforeseen circumstances, and said committed custody shall be turned over to the holding facility officer or agent where commitment was ordered.
2 Detention and Sanctions for Default or Breach of Conditions. Amend RSA 597:7-a, I to read as follows:
I. The county correctional facility shall detain an accused , and shall have custody and control of the said accused until the accused can be brought before a justice if the peace officer has a warrant issued by a justice for default of recognizance or for breach of conditions of release or if the peace officer witnesses a breach of conditions of release. The accused shall be brought before a justice for a bail revocation hearing within 36 hours, Saturdays, Sundays, and holidays excepted. If the detention is to be at the county house of corrections, or another facility for unforeseen circumstances, the defendant shall be deemed in the custody of the county department of corrections upon arrest. No other law enforcement agency or officer shall be responsible for the custody or control of a person who is ordered to be detained at a county correctional facility, other than to deliver/transport said person to the county correctional facility as ordered or to any court hearing as directed by a court order. When a law enforcement officer is in transit with or has custody of a defendant ordered to confinement or to be held at a correctional facility, said law enforcement officer shall deliver the committed to the court ordered jail, prison, or closest detention facility without delay. If there is any deviation due to unforeseen circumstances, said committed custody shall be turned over to the receiving facility's officer or agent where commitment was ordered. Nothing in this section shall prohibit a holding facility from receiving assistance from another law enforcement agency in the custody and control of said committed, and upon agreement by the law enforcement agency and the receiving facility. Any law enforcement officer or agent acting under said agreement shall be considered to be acting as agents of the holding facility.
3 Effective Date. This act shall take effect 60 days after its passage.