SB 321-FN - AS INTRODUCED
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
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
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) 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] the person shall be detained in pretrial detention based upon the rebuttable 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.
24-2932
11/28/23
SB 321-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to the release of a defendant pending trial.
FISCAL IMPACT: [ ] State [ X ] County [ ] Local [ ] None
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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 assumes the change in the law does not significantly alter the existing rebuttable presumption.
AGENCIES CONTACTED:
Judicial Branch and New Hampshire Association of Counties