SB 578-FN - AS INTRODUCED
2024 SESSION
24-3126
09/05
SENATE BILL 578-FN
AN ACT relative to criminal pre-trial services and monitoring.
SPONSORS: Sen. Prentiss, Dist 5; Sen. Fenton, Dist 10; Sen. Watters, Dist 4; Sen. Whitley, Dist 15
COMMITTEE: Judiciary
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ANALYSIS
This bill prohibits criminal defendants on pre-trial release from being required to pay for pre-trial services or monitoring, including electronic monitoring, with the cost instead the be paid by the court where the defendant is charged or through appropriations to the agency performing the pretrial services and monitoring. This bill further requires the agency performing the pretrial services and monitoring to use the least restrictive interventions that are necessary unless otherwise ordered by the court.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-3126
09/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to criminal pre-trial services and monitoring.
Be it Enacted by the Senate and House of Representatives in General Court convened:
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. New Hampshire court systems, the state, and counties shall not, under any circumstances, require defendants to pay for their own pre-trial services or monitoring, including, but not limited to, electronic monitoring equipment and use thereof. In this paragraph, "pre-trial services or monitoring" includes any services or monitoring imposed as a condition of release under this chapter, whether it be performed by an agency of the state or a county, the court, or an agent thereof. Pretrial services or monitoring, including but not limited to electronic monitoring equipment and use thereof, shall be paid for by the New Hampshire court in which the defendant is charged. The agency performing the pre-trial services or monitoring shall implement evidence-based monitoring practices of defendants released pre-arraignment and pre-trial with the least restrictive interventions and practices that are necessary to enhance public safety and to ensure the defendants’ return to court, unless otherwise specifically ordered by the court pursuant to this section. 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 agency performing the pre-trial services or monitoring shall determine an estimated cost of pretrial services and request adequate appropriation in its yearly budget.
2 Effective Date. This act shall take effect January 1, 2025.
24-3126
Revised 12/29/23
SB 578-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to criminal pre-trial services and monitoring.
FISCAL IMPACT: [ X ] State [ ] County [ X ] Local [ ] None
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Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund(s) | None
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Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | ||
Funding Source(s) | General Fund
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Appropriations | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None
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• Does this bill provide sufficient funding to cover estimated expenditures? [X] N/A • Does this bill authorize new positions to implement this bill? [X] No | ||||||
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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 | ||
METHODOLOGY:
This bill prohibits criminal defendants on pre-trial release from being required to pay for pretrial services or monitoring, including electronic monitoring, with the cost instead the be paid by the court where the defendant is charged or through appropriations to the agency performing the pretrial services and monitoring. This bill further requires the agency performing the pretrial services and monitoring to use the least restrictive interventions that are necessary unless otherwise ordered by the court.
The Judicial Branch indicates the courts do not currently administer electronic monitoring or pre-trial services. The Branch expects the cost of these programs to be considerable. The Branch assumes it would have to hire adequate accounting and contracting staff if the bill assigns to the courts the responsibility to function as a pass through for funding to other agencies.
The New Hampshire Association of Counties states this bill would prevent counties from being reimbursed by defendants for any costs associated with pretrial services including electronic monitoring. The Association indicates this would increase county expenditures for pretrial services by an indeterminable amount. Currently counties that offer electronic monitoring are reimbursed for use of the equipment by the defendant.
AGENCIES CONTACTED:
Judicial Branch and New Hampshire Association of Counties