DEPARTMENT OF SAFETY

33 Hazen Drive

Concord, NH 03301

 

CHAPTER Saf-C 3700  DEFAULT BENCH WARRANT FUND DISBURSEMENT

 

Statutory Authority:  RSA 263:56-d

 

PART Saf-C 3701  PURPOSE

 

Saf-C 3701.01  Purpose.  The purpose of these rules is to establish the procedure to disburse money from the default bench warrant fund to pay the costs related to law enforcement officials who make arrests pursuant to bench warrants for persons improperly at large for driving related offenses.

 

                                                                      Source.  #5485, eff 10-14-92; ss by #6855, INTERIM, eff
10-14-98, EXPIRES: 2-11-99; ss by #6890, eff 1-1-99; ss by #8665, eff 6-19-06

 

Saf-C 3701.02  Definitions.

 

(a)  “Applicant” means a state, county, or local law enforcement agency seeking reimbursement from the default bench warrant fund.

 

(b)  “Bench warrant” means “bench warrant” as defined by RSA 597:37.

 

(c)  “Default bench warrant fund” means “default bench warrant fund” as used in RSA 263:56-d

 

(d)  “ Department” means the New Hampshire department of safety.

 

(e)  “Division” means the division of administration of the department.

 

(f)  “Driving related offenses” means any offense enumerated in Title XXI of the New Hampshire Revised Statutes Annotated or any other offense involving use of a motor vehicle.

 

(g)  “Form” means the application created by the department which is to be completed by the applicant before reimbursement for serving a bench warrant.

 

(h)  “Offender” means an individual upon whom a law enforcement official serves a bench warrant.

 

                                                                      Source.  #5485, eff 10-14-92; ss by #6855, INTERIM, eff
10-14-98, EXPIRES: 2-11-99; ss by #6890, eff 1-1-99; ss by #8665, eff 6-19-06

 

PART Saf-C 3702  FORM COMPLETION AND SUBMISSION

 

Saf-C 3702.01  Form Availability.  Forms may be obtained by:

 

(a)  Writing to the division, department of safety, James H. Hayes Safety Building, business office, 33 Hazen Drive, Concord, N.H. 03305, or

 

(b)  Calling (603) 271-2566.

 

                                                                      Source.  #5485, eff 10-14-92; ss by #6855, INTERIM, eff
10-14-98, EXPIRES: 2-11-99; ss by #6890, eff 1-1-99; ss by #8665, eff 6-19-06

 

Saf-C 3702.02  Completing Form.  All forms shall be:

 

(a)  Filled out completely;

 

(b)  Completed in a legible manner;

 

(c)  Completed in a non-fading, no-erasable ink or type written.

 

                                                                      Source.  #5485, eff 10-14-92; ss by #6855, INTERIM, eff
10-14-98, EXPIRES: 2-11-99; ss by #6890, eff 1-1-99; ss by #8665, eff 6-19-06

 

Saf-C 3702.03  Rejection of Incomplete Form.

 

(a)  A form which is not in compliance with Saf-C 3702.02 shall:

 

(1)  Not be processed; and

 

(2)  Be returned to the applicant with an explanation of the error or omission.

 

(b)  When completed properly, the form may be resubmitted pursuant to Saf-C 3702.04.

 

                                                                      Source.  #5485, eff 10-14-92; ss by #6855, INTERIM, eff
10-14-98, EXPIRES: 2-11-99; ss by #6890, eff 1-1-99; ss by #8665, eff 6-19-06

 

Saf-C 3702.04  Submission of Form.

 

(a)  The following shall be provided on the form by the applicant:

 

(1)  Docket number of the offender’s bench warrant;

 

(2)  Offender’s name, address, and date of birth;

 

(3)  Name of the law enforcement agency;

 

(4)  Location of the law enforcement agency;

 

(5)  Name of the individual law enforcement official who served the bench warrant;

 

(6)  Date the bench warrant was actually served;

 

(7)  Date(s) of attempted bench warrant service;

 

(8)  Total mileage traveled in attempting and actually serving the bench warrant;

 

(9)  Time started to serve the bench warrant and time concluded for each attempt and actual service; and

 

(10)  Signature of head of the law enforcement agency or his/her designee.

 

(b)  Using a 3-part form, the applicant shall:

 

(1)  Retain their copy of the application;

 

(2)  Submit a copy to the law enforcement official who served the bench warrant; and

 

(3)  Hand-deliver or mail the division’s copy to the business office, department of safety, James H. Hayes Safety Building, 33 Hazen Drive, Concord, N.H. 03305 within 60 days of the date of arrest.

 

(c)  If a law enforcement agency is submitting a reimbursement request for 5 or more warrants, it may submit the information specified in (a), above, on one form.

 

                                                                      Source.  #5485, eff 10-14-92; ss by #6855, INTERIM, eff
10-14-98, EXPIRES: 2-11-99; ss by #6890, eff 1-1-99; ss by #8665, eff 6-19-06

 

PART Saf-C 3703  DISBURSEMENT OF MONIES FROM THE FUND

 

Saf-C 3703.01  Time of Disbursement.  An applicant shall submit a form only after a bench warrant has been actually served and the offender arrested pursuant to RSA 263:56-d.

 

                                                                      Source.  #5485, eff 10-14-92; ss by #6855, INTERIM, eff
10-14-98, EXPIRES: 2-11-99; ss by #6890, eff 1-1-99; ss by #8665, eff 6-19-06

 

Saf-C 3703.02  Maximum Disbursement Amount.  An applicant shall be reimbursed $20 per hour excluding mileage up to a maximum of $100 per bench warrant served.

 

                                                                      Source.  #5485, eff 10-14-92; ss by #6855, INTERIM, eff
10-14-98, EXPIRES: 2-11-99; ss by #6890, eff 1-1-99; ss by #8665, eff 6-19-06

 

Saf-C 3703.03  Disbursement by the Division.

 

(a)  Once the division has received a completed form, it shall disburse a refund to the applicant.

 

(b)  The refund shall be in the form of a check issued directly to the applicant.

 

(c)  Disbursement to applicants shall be made in the order in which the applications are received by the department.

 

                                                                      Source.  #5485, eff 10-14-92; ss by #6855, INTERIM, eff
10-14-98, EXPIRES: 2-11-99; ss by #6890, eff 1-1-99; ss by #8665, eff 6-19-06

 

Saf-C 3703.04  Availability of Funds.  If at any time the fund does not have money available to reimburse the application, the department shall:

 

(a)  Notify the applicant that the default bench warrant fund has insufficient funds for reimbursement;

 

(b)  Retain a chronological list of unreimbursed requests; and

 

(c)  As funds become available reimburse the applicant’s beginning with the oldest date on the list.

 

                                                                      Source.  #6890, eff 1-1-99; ss by #8665, eff 6-19-06

 

PART SAF-C 3704  REINSTATEMENT OF BAIL FORFEITURE

 

Saf-C 3704.01  Reinstatement of Bail.

 

(a)  When a court orders reinstatement of a bail forfeiture that was originally deposited to the default bench warrant fund, the division shall mail a check to the administrative office of the courts to remove that amount from the default bench warrant fund.

 

(b)  Pursuant to RSA 597:38-b, the administrative office of the courts shall process the reinstatement under paragraph (a) which shall be returned to the offender.

 

                                                                      Source.  #5485, eff 10-14-92; ss by #6855, INTERIM, eff 10-14-98, EXPIRES: 2-11-99; ss by #6890, eff 1-1-99; ss by #8665, eff 6-19-06

 

APPENDIX

 

Rule

Specific State or Federal Statutes which the Rule is Intended to Implement

Saf-C 3701

RSA 541-A:7

Saf-C 3702.01 – 3702.03

RSA 263:56-d

Saf-C 3702.04(a)

RSA 541-A:16, I(b)(1)

Saf-C 3702.04(b)-(c)

RSA 263:56-d

Saf-C 3703 – 3704

RSA 263:56-d