New Hampshire- Vote to Roll Back Bad Bail Reforms Victory for Law Enforcement

 

Manchester police and local lawmakers won a big victory Wednesday as a House committee endorsed a bipartisan bill to deny a quick and easy pre-trial release to anyone who is arrested for a serious offense while already out on bail.

The amended bill states that anyone out on bail who is arrested for a crime that carries jail time must see a judge before they can be released.

Gov. Chris Sununu has supported the call for more bail reform from Manchester Police Chief Allen Aldenberg because too many offenders have gotten out on no-cash bail and gone on to reoffend.

"I think a judge will do a better job in getting them the appropriate bail or help they need; clearly the system is failing them," said Rep. Ross Berry (R-Manchester), chief sponsor of the bill (HB 1476).

Berry agreed to offer an amendment with several changes to limit the maximum amount of time such an offender may be detained before that hearing to 36 hours.

The bill also requires someone to go before a judge for a Class B misdemeanor, a non-jail offense, if they are arrested twice after already being out on bail.

"The entire issue of PR bail and how we are handling repeat offenders is not being handled well, in my opinion," Berry said.

Critics: Too much work

Rep. David Meuse (D-Portsmouth) said overcrowded circuit courts don't have the judges available for the extra work this bill will create.

"We are kind of passing a wild card. We have no idea how much this is going to cost, what kind of impact this is going to be, again on a court system that is already overburdened," Meuse said.

"This is definitely not all sunshine and roses."

The House Criminal Justice and Public Safety Committee voted, 13-7, in support of the amended bill. It goes to the full House for review later this spring.

Rep. Casey Conley (D-Dover) said he urged his party colleagues to back the bill as it's much less stringent than two other bail reform bills that have already cleared the Senate, one a leftover from 2021 (SB 92) and the second one that creates a "rebuttable presumption" that the person arrested while out on bail is a danger to the public (SB 294).

"This is a lot more reasonable than bills we are going to see from the Senate later this spring," Conley said.

"This is not a Manchester problem. It's one happening in my smaller city and it can happen anywhere in the state."

Rep. John Bordenet (D-Keene) said other states have seen low rates of reoffense by bailed defendants, and many of those who do commit more crimes don't belong in prison because they suffer from mental health problems.

Rep. Chris True (R-Sandown) was the only Republican to oppose the measure.

"My main objection is taking away someone's freedom when they have not even been charged with a violation that won't carry jail time if they are convicted," True said.

Six temporary one-day replacements on the House committee Thursday appeared to improve the bill's odds, including Rep. Mary Heath, D-Manchester, who is also a city alderman.

"In Manchester, we have to do something," said Heath, who reported Manchester Mayor Joyce Craig also backs the compromise.

"Do I think it's a panacea? No, but it's a beginning. What we need is a series of services for these folks."

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