This bill aims to alleviate the financial burden on indigent criminal defendants by prohibiting them from being charged for the cost of electronic monitoring if their case ends without a conviction. The bill mandates that the New Hampshire court system, the state, and counties cover the costs of pretrial electronic monitoring equipment and its use for defendants who are deemed indigent, meaning they lack the ability to pay for these services. The court, county, or agency responsible for providing pretrial services must estimate the cost of monitoring indigent defendants and request appropriate funds in their annual budget. Additionally, the court is required to report annually to the legislature on the number of indigent defendants offered pretrial electronic monitoring.

The bill also requires the court to develop uniform criteria to assess a defendant's ability to pay for their own pretrial electronic monitoring. If a defendant is found unable to pay, they will be provided with the monitoring device at no cost and will not be required to reimburse the costs if they are not convicted. A conviction is defined within the bill as including any plea of guilty or nolo contendere to any charged offense or related offense. The bill is set to take effect on January 1, 2025. Fiscal notes indicate that the bill will likely increase expenditures for the state and counties, but the exact costs are indeterminable. The Judicial Branch anticipates considerable costs and the need for additional staff if they are to administer the program, while the New Hampshire Association of Counties foresees an administrative burden and potential unfunded mandate due to the bill's provisions.

Statutes affected:
Introduced: 597:2
As Amended by the Senate: 597:2