This bill establishes that the county department of corrections will be solely responsible for the custody and control of individuals ordered to a county correctional facility. Specifically, it amends RSA 597:2 by inserting a new paragraph that states a defendant is considered to be in the custody of the county department of corrections upon being remanded to a county's house of corrections or another facility due to unforeseen circumstances. The bill also clarifies that no other law enforcement agency or officer will have responsibility for the custody or control of such individuals, except for the purpose of delivering them to the correctional facility as ordered.

Additionally, the bill amends RSA 597:7-a, I, replacing the phrase "A peace officer may" with "The county correctional facility shall" to emphasize that the county correctional facility will detain an accused individual until they can be brought before a justice. It further stipulates that if a defendant is detained at the county house of corrections or another facility, they will be deemed in the custody of the county department of corrections upon arrest. The bill also allows for assistance from other law enforcement agencies in managing custody, provided there is an agreement in place. The act is set to take effect 60 days after its passage. The fiscal impact is expected to be significant but indeterminable, potentially leading to increased costs for county correctional facilities.

Statutes affected:
Introduced: 597:2, 597:7-a
HB1510 text: 597:2, 597:7-a