This bill amends the statute governing bail and pre-trial release to include provisions for pre-trial detention for certain offenses that would create a presumption that the defendant is a danger to the public. The bill adds language that allows for preventive detention without bail or restrictive conditions if the court determines by clear and convincing evidence that release would endanger the safety of the person or the public. The bill also specifies certain offenses for which a person shall be detained pending arraignment before the court, including homicide, assault, domestic violence, sexual assault, kidnapping, stalking, trafficking, robbery, possession, manufacture, or distribution of child sexual abuse images, and computer pornography and child exploitation. The bill also establishes time limits for arraignment after arrest.

The bill would have a fiscal impact on the state, county, and local levels. The Judicial Branch estimates that there would be an increase in incarcerated arraignments, which would require transportation of defendants to the courthouse and additional circuit court judges and assistants to manage the increased caseload. The bill would also increase costs for the indigent defense system, as more defendants would be eligible for court-appointed counsel. The exact fiscal impact is indeterminable, but the Judicial Branch and Judicial Council provide estimates for the additional costs.

This bill addresses the reimbursement and appointment of attorneys for bail hearings in the indigent defense system. It states that contract attorneys will be reimbursed an additional fee for appointments of incarcerated clients, and the reimbursement for bail hearings will be $410 for misdemeanors and $510 for felonies. Private attorneys will be reimbursed $90/hour for travel time and can also be appointed for bail hearings only. The bill acknowledges that there will be an increase in expenditures for the indigent defense system, but the exact impact on the Public Defender program is uncertain. The Department of Corrections states that the fiscal impact to the department is indeterminable, and the New Hampshire Municipal Association reports that police departments may need to transport arrested individuals to county correctional facilities depending on the availability of defense attorneys and judges.

The bill also mentions that the New Hampshire Association of Counties cannot estimate the additional county expenditures, but assumes that the bill would increase pretrial detentions without specifying the number of cases or additional costs. The bill has been reviewed by the Judicial Branch, Judicial Council, Department of Corrections, New Hampshire Municipal Association, and New Hampshire Association of Counties.

Statutes affected:
Introduced: 597:2