Senate Bill 504-FN, as amended by the House (Amendment #2024-1988h), introduces comprehensive changes to the laws governing bail procedures, the establishment of magistrates, and land use for recreation. The bill allows landowners to restrict open space land to public recreation and expands the grounds for criminal trespass. It establishes the role of magistrates, who will have various duties including conducting arraignment and bail hearings, and issuing warrants. Magistrates must be licensed to practice law in New Hampshire and provide information on local services to bailed persons. The bill also amends bail standards, allowing for non-cash electronic bail payments, and sets up an electronic monitoring program for certain defendants. It includes provisions for the detention of individuals charged with serious offenses and outlines considerations for release or detention, focusing on public safety and the nature of the offense. The bill mandates that all arrested persons appear before a court or magistrate within 24 hours, and allows for review and appeal of release or detention orders.

The bill also addresses the conditions for release to assure court appearance, with provisions for personal recognizance, unsecured appearance bonds, or cash or corporate surety bail. It establishes a rebuttable presumption against the release of individuals with a history of failing to appear and those who commit new offenses while on release. Additionally, the bill introduces a rebuttable presumption that alleged victims shall not be required to testify at bail hearings and mandates detention without bail for individuals charged with violating protective orders, pending arraignment. The bill increases bail commissioners' fees and requires notification of alleged victims when offenders are released. It also establishes a judicial training coordinator position and sets training requirements for judicial roles. Financially, the bill appropriates funds for the Department of Safety and the Judicial Branch for electronic sharing of bail conditions and anticipates significant costs for counties to establish electronic monitoring programs, with an estimated $15 million annual cost. The bill's provisions will take effect on July 1, 2024, and January 2, 2025, with a non-lapsing appropriation for the fiscal year ending June 30, 2025, to establish magistrate positions.

Statutes affected:
Introduced: 79-A:4, 635:2
As Amended by the Senate: 79-A:4, 635:2
As Amended by the House: 79-A:4, 635:2, 594:20-a, 597:6-e, 597:2, 597:20, 597:2-b, 597:17