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,
EXPIRED: 6-19-14
New. #11175, INTERIM, eff 9-15-16, EXPIRES:
3-14-17; ss by #12120, eff 2-23-17
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,
EXPIRED: 6-19-14
New. #11175, INTERIM, eff 9-15-16, EXPIRES:
3-14-17; ss by #12120, eff 2-23-17
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) 223-8000.
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,
EXPIRED: 6-19-14
New. #11175, INTERIM, eff 9-15-16, EXPIRES:
3-14-17; ss by #12120, eff 2-23-17
Saf-C 3702.02 Completing
Form. All forms shall be:
(a) Filled out
completely;
(b) Completed in a legible manner; and
(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,
EXPIRED: 6-19-14
New. #11175, INTERIM, eff 9-15-16, EXPIRES:
3-14-17; ss by #12120, eff 2-23-17
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,
EXPIRED: 6-19-14
New. #11175, INTERIM, eff 9-15-16, EXPIRES:
3-14-17; ss by #12120, eff 2-23-17
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 or 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,
EXPIRED: 6-19-14
New. #11175, INTERIM, eff 9-15-16, EXPIRES:
3-14-17; ss by #12120, eff 2-23-17
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,
EXPIRED: 6-19-14
New. #11175, INTERIM, eff 9-15-16, EXPIRES:
3-14-17; ss by #12120, eff 2-23-17
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,
EXPIRED: 6-19-14
New. #11175, INTERIM, eff 9-15-16, EXPIRES:
3-14-17; ss by #12120, eff 2-23-17
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,
EXPIRED: 6-19-14
New. #11175, INTERIM, eff 9-15-16, EXPIRES:
3-14-17; ss by #12120, eff 2-23-17
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,
EXPIRED: 6-19-14
New. #11175, INTERIM, eff 9-15-16, EXPIRES:
3-14-17; ss by #12120, eff 2-23-17
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, EXPIRED: 6-19-14
New. #11175, INTERIM, eff 9-15-16, EXPIRES:
3-14-17; ss by #12120, eff 2-23-17
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:19-b |
Saf-C
3702.04(b)-(c) |
RSA 263:56-d |
Saf-C 3703 – 3704 |
RSA 263:56-d |