The bill proposes significant amendments to the administration of bail and the judicial training framework in the state, primarily by eliminating the position of magistrates from the legal system. This is reflected in the deletion of the term "magistrates" from various sections of the law, including their roles in bail hearings and the requirement for law enforcement to present arrestees before a court within 48 hours. In place of magistrates, the bill establishes a new position of Judicial Training Coordinator, responsible for developing training programs for judges, bail commissioners, and court staff. The bill also outlines initial training requirements emphasizing legal ethics and professionalism, aiming to enhance the accountability and education of judicial personnel.
In terms of bail administration, the bill repeals and reenacts RSA 597:2, which governs the release of defendants pending trial, stipulating that defendants should generally be released on personal recognizance or unsecured bonds unless deemed a danger to public safety. It introduces provisions for preventive detention without bail for individuals charged with specific offenses if they pose a danger to others. Additionally, the bill includes the deletion of appropriation language funding bail magistrate positions and introduces new provisions for electronic monitoring and supervision of released individuals. However, concerns have been raised regarding the capacity for electronic monitoring in all counties. The fiscal impact of the bill remains uncertain, with potential costs exceeding $100,000 for the Judicial Branch and indeterminable impacts on municipal law enforcement costs.
Statutes affected: Introduced: 490-K:1, 594:20-a, 597:6-e, 597:7-a