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RSA 597:2-b · Determination of Indigence and Payment of Bail Commissioner Fee
597:2-b Determination of Indigence and Payment of Bail Commissioner Fee. –
Copy linkThe arresting officer, at the point of arrest, shall inform the offender of the availability of the services of the bail commissioner. I-a. In any case where the offender has been arrested for a crime of violence against an individual person, including any act of stalking or criminal threatening, and the bail commissioner determines that the offender may be released pending arraignment, the arresting agency shall make a reasonable attempt to contact the alleged victim to inform the alleged victim of the pending release and the conditions of bail. I-b. The court shall pay each bail commissioner the fees as authorized by RSA 597:20 that each bail commissioner is entitled to within 90 days of the submission of a request for reimbursement from a bail commissioner. The court shall not pay fees that accumulate before January 1, 2025.
Copy linkThe court shall develop uniform criteria to evaluate and determine whether an offender is indigent or not indigent for the purpose of the offender's ability to repay the bail commissioner's fee. Based on the criteria, the court shall render a finding of indigent or not indigent for the purpose of the offender's ability to repay the bail commissioner's fee.
Copy linkIf the court finds that the offender is not indigent for the purpose of repaying the bail commissioner's fee, the court shall order that the offender reimburse the court for payment of the bail commissioner's fee. The court may extend the time period for such repayment in its discretion to allow the offender reasonable time to make the repayment, except that in no case shall the time period exceed one year from the date the case was closed.
Copy linkIf the court finds that the offender is indigent for the purpose of repaying the bail commissioner's fee, the offender shall not be liable to pay the fee. Source. 2020, 12:11, eff. July 16, 2020. 2024, 317:9, eff. July 1, 2024 and Jan. 1, 2025.
Copy linkSource note
Source. 2020, 12:11, eff. July 16, 2020. 2024, 317:9, eff. July 1, 2024 and Jan. 1, 2025.
Source history
- 2020, 12:11, eff. July 16, 2020
- 2024, 317:9, eff. July 1, 2024 and Jan. 1, 2025
Related materials
Bill relationships
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2026 HB1509
reference · effective 2027-01-01
JUDICIAL IMMUNITY 490-L:1 Limitation of Judicial Immunity. I. Any judge or other member of the judiciary who sits in a judicial capacity and makes determinations pursuant to RSA 597 regarding the release of criminal defendants pending trial may be held liable for civil negligence if all of the following are met: (a) The criminal defendant being released pursuant to RSA 597 is being released: (
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2026 HB1509-FN
reference · effective 2027-01-01
JUDICIAL IMMUNITY 490-L:1 Limitation of Judicial Immunity. I. Any judge or other member of the judiciary who sits in a judicial capacity and makes determinations pursuant to RSA 597 regarding the release of criminal defendants pending trial may be held liable for civil negligence if all of the following are met: (a) The criminal defendant being released pursuant to RSA 597 is being released: (
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2025 HB2
amend
governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated. 141:360 Training Coordinator. Amend 2024, 317:17 to read as follows: 317:17 Effective Date. I. RSA 597:2-b, I-a, as inserted by section 9 of this act, and sections 16 and 17 of this act, shall take effect July 1, 2024. II. Section 11 of this act shall take effect July 1, [2025] 2027. III. The remainder of this act