The bill HB 318-FN-A proposes significant reforms to the bail system in New Hampshire, expanding the authority of magistrates and revising the criteria for pretrial detention. It allows magistrates to make bail decisions and requires arraignment within 24 hours of arrest, with bail decisions made within the same timeframe. The bill specifies that individuals charged with serious crimes are not eligible for bail commissioner review and must be detained until arraignment. It also introduces criteria for counties to assess a defendant's ability to pay for electronic monitoring and amends the fee structure and educational requirements for bail commissioners. The bill includes provisions for ordering restrictive conditions or electronic monitoring to ensure public safety and appropriates funds to the judicial branch.

Furthermore, the bill modifies the conditions under which a person can be detained before trial, focusing on the individual's history of failing to appear in court and creating rebuttable presumptions related to non-appearance and committing new offenses while on release. It also addresses the financial conditions for bail to prevent detention solely due to inability to pay and includes provisions for victim notification, appointment of attorneys for indigent defendants, and the process for bail revocation hearings. The bill updates language to be gender-neutral, increases bail commissioner fees, and establishes a judicial training coordinator position. It also appropriates funds for various judicial system needs and requires annual reports on the status of bail commissioners and magistrates. The bill's provisions have staggered effective dates, with full implementation by July 1, 2025.

Statutes affected:
Introduced: 502-A:19-b, 597:6-e, 614:8
As Amended by the House: 597:20, 597:2-b, 597:17
As Amended by the House (2nd): 594:20-a, 597:6-e, 597:2, 597:20, 597:2-b, 597:17
As Amended by the Senate: 597:2, 597:20, 597:2-b, 597:17
Version adopted by both bodies: 597:2, 594:20-a, 597:6-e, 597:20, 597:2-b, 597:17
CHAPTERED FINAL VERSION: 597:2, 594:20-a, 597:6-e, 597:20, 597:2-b, 597:17