SB321: relative to the release of a defendant pending trial.

SB 321-FN - AS AMENDED BY THE SENATE

03/07/2024 0866s

2024 SESSION

24-2932

09/05

SENATE BILL 321-FN

AN ACT relative to the release of a defendant pending trial.

SPONSORS: Sen. Abbas, Dist 22; Sen. Bradley, Dist 3; Sen. Gray, Dist 6; Sen. Avard, Dist 12; Sen. Gannon, Dist 23; Sen. Pearl, Dist 17; Sen. Birdsell, Dist 19; Sen. Innis, Dist 7; Sen. Gendreau, Dist 1; Sen. Carson, Dist 14; Sen. Murphy, Dist 16

COMMITTEE: Judiciary

ANALYSIS

This bill revises the standard for release of a defendant pending trial following multiple failures to appear.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/07/2024 0866s 24-2932

09/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Four

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; General Provisions; Release of a Defendant Pending Trial. Amend RSA 597:2, III(b)(2) to read as follows:

(2)(A) If the court determines by a preponderance of the evidence that a person has failed to appear on any previous matter charged as a felony, class A misdemeanor, or driving or operating while impaired, or a reasonably equivalent offense in an out-of-state jurisdiction, 3 or more times within the past [5] 3 years, or twice on the present case, there shall be a rebuttable presumption that release will not reasonably assure the appearance of the person as required and the person shall be detained.

(B) A person detained pursuant to subsection (A) shall be provided an opportunity for a bail hearing at which he or she may present evidence and the court shall decide whether such person has rebutted the presumption that release will not reasonably assure the appearance of the person as required.

2 Effective Date. This act shall take effect January 1, 2025.

LBA

24-2932

Amended 4/1/24

SB 321-FN- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2024-0866s)

AN ACT relative to the release of a defendant pending trial.

FISCAL IMPACT: [ ] State [ X ] County [ ] Local [ ] None

Estimated Political Subdivision Impact - Increase / (Decrease)

FY 2024

FY 2025

FY 2026

FY 2027

County Revenue

$0

$0

$0

$0

County Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Local Revenue

$0

$0

$0

$0

Local Expenditures

$0

$0

$0

$0

METHODOLOGY:

This bill revises the standard for release of a defendant pending trial following multiple failures

to appear.

The New Hampshire Association of Counties is unable to predict how many people may fail to appear in court and result in being held in a county correctional facility. The Association assumes there would be an increase in county expenditures as additional people are detained pretrial detention. Based on information provided by the Association, the estimated average daily cost of incarcerating an individual in county jail is $105 to $125.

The Judicial Branch indicates the bill would have an indeterminable impact on expenditures, but doe not expect the impact to be large.

AGENCIES CONTACTED:

Judicial Branch and New Hampshire Association of Counties