The recently passed HB 318-FN-A Bill Modifications introduces several key modifications to New Hampshire’s bail system. These changes primarily target individuals arrested for specified crimes, people who are already on bail and charged with new crimes, and people who have missed court hearings in the past.

Key Provisions of the Bail Reform Legislation

• Mandatory Detention for Certain Offenses: The bill mandates detention for individuals charged with twelve specific offenses, including homicide, felony-level assault, sex offenses, robbery, trafficking in persons, and child exploitation crimes. This detention occurs until an arraignment before the court within 24 hours of arrest.
• Bail Decisions to Be Made by the Court: In cases involving the twelve specified charges or breaches of bail conditions, bail will no longer be set by bail commissioners. Instead, it will be the responsibility of a judge or magistrate, including during weekends and holidays, ensuring swift judicial oversight.
• Bail Violation Offense: A misdemeanor offense—Breach of Bail—allows for prosecution of individuals who violate bail conditions for these specific offenses.
• Rebuttable Presumption of Detention: If a defendant has failed to appear in court on three or more occasions in the past three years, a rebuttable presumption will apply that release will not ensure their appearance at future proceedings, necessitating detention.
• Magistrate Positions: The law also introduces new magistrate positions empowered to set bail during weekends and holidays, preside over arraignments, handle search warrants, and other procedural matters. However, magistrates are prohibited from overseeing trials or accepting guilty pleas.
• Electronic Monitoring and Supervision: For individuals deemed dangerous, the court may order electronic monitoring and supervision, contingent on the county’s acceptance of such measures.

Bail Determination Process

• Weekend and Holiday Procedures: For arrests occurring outside regular court hours, the arresting agency must submit a bail determination request by 9 a.m. to the designated magistrate. Bail is then decided via phone call between 9 a.m. and 1 p.m. The magistrate’s decision is final, and a bail order is issued without a formal hearing.
• Detention Pending Arraignment: Individuals arrested on one of the twelve specified charges or for breaching bail conditions must be detained until a judge or magistrate makes a determination on bail, within 24 hours of arrest.
• Court’s Role in Bail Violations: If a defendant is arrested for violating bail conditions, they will remain detained until the court reviews the situation. If the court finds probable cause that bail conditions were breached, the defendant will remain in custody until trial.

Impact on Law Enforcement and Agencies

• Arresting Agencies and House of Corrections: These agencies must ensure that individuals charged with one of the twelve offenses are held pending a bail determination. Coordination with magistrates is crucial, especially during weekends and holidays when judicial oversight will be conducted by phone.
• Prosecutors: Prosecutors will coordinate the potential use of electronic monitoring and ensure they provide sufficient information to the court. They must also understand the increased penalties for violations of bail conditions, which could include new charges.

Conclusion

The HB 318-FN-A bill brings significant changes to New Hampshire’s bail system intended to emphasize public safety, and likely expanding the state’s power to detain people suspected of crimes prior to any formal court hearing. For more information on these new bail modifications Contact Attorneys Samdperil & Welsh at (603) 775-7570.

HB 318-FN-A Bill 2025 Modifications