The bill proposes the creation of a magistrate system to assist with judicial functions such as bail hearings, issuance of warrants, and other duties. It specifies the appointment of at least 15 magistrates, with one assigned to each county, and outlines their authority, including the ability to determine release or detention of defendants and issue warrants. Only magistrates licensed to practice law in New Hampshire may perform certain powers. The bill amends existing laws to include magistrates in the bail process, requiring bail decisions within 24 hours of arrest when the court is not open and allowing for electronic bail payments. It introduces a rebuttable presumption against release for those with a history of failing to appear in court and sets standards for imposing financial conditions for pretrial detention. Evidence for preventive detention must be presented at the initial appearance, with an option for a subsequent bail hearing with live testimony.

Additionally, the bill modifies procedures for alleged victims at bail hearings, release conditions, and the detention of individuals on release for other offenses. It outlines appeal procedures for release orders, establishes the right to a hearing on bail conditions within 48 hours, and amends the review and appeal process for release or detention orders. The bill replaces gender-specific language, shortens the time frame for bail revocation hearings, and sets the effective date for January 1, 2025. It does not provide funding for the expected increase in costs due to the establishment of magistrates. The bill also amends RSA 597:2-III (c) to limit detention to 24 hours for a bail hearing if an individual commits an additional offense while on release. The fiscal impact is indeterminate, with increased costs anticipated for county correctional facilities and other local expenditures. The New Hampshire Association of Counties and the New Hampshire Municipal Association have indicated that the bill's impact on costs is indeterminable and will vary based on several factors.

Statutes affected:
Introduced: 597:2
As Amended by the House: 594:20-a, 597:2, 597:6-e