(The Center Square) — New Hampshire Gov. Kelly Ayotte signed a bill Tuesday repealing a controversial bail reform law approved by her predecessor that has been criticized for allowing dangerous criminals to be released ahead of trial.
The measure, which was approved by the Republican-controlled Legislature last week, repeals the state’s existing bail law by eliminating the magistrate system and allowing law enforcement to detain criminal suspects up to 36 hours before they are seen before a state Superior Court or Circuit Court judge. The plan also requires a suspect charged with major felonies to be detained without bail before arraignment.
“To keep New Hampshire the safest state in the nation, we are finally ending the failed social experiment that was bail reform,” Ayotte said in remarks during a bill signing ceremony at the Statehouse. “By signing this law today, we will slam shut this revolving door once and for all to get violent offenders off our streets.”
In August, then-Gov. Chris Sununu signed a bill to tighten bail laws by holding people accused of violent crimes behind bars until their arraignments. The changes, which passed with bipartisan support, required the state to hire three bail magistrates to fill in for judges to oversee bail hearings and ensure the process moves more quickly.
However, critics say the changes have allowed too many dangerous people to be released on bail, creating public safety risks in a state that prides itself on having one of the lowest crime rates in the nation.
Ayotte, a former U.S. senator, campaigned for the office on overhauling the bail law and has been pressuring legislative leaders to send a bill to her desk for approval.
Democrats argue that the changes are unnecessary and want to give the bail reform law more time to show results before upending it. They say the magistrate system allows suspects arrested on minor offenses over the weekend — when the courts are closed — to get bailed out ahead of their arraignment.
The New Hampshire Judicial System warned in a fiscal note attached to the bill that repealing the magistrates — who are appointed to five-year terms — could have fiscal implications for the state government.
Civil liberties groups have criticized the bill, saying it lacks due process, and have criticized Ayotte for “misleading” comments about the 2018 law. They’ve pointed to data showing a decrease in crime since the changes went into effect.
“Police are not a judge and jury, and they should not have the power to take away someone’s freedom. That power is left to a judge’s discretion,” Amanda Azad, policy director at the ACLU of New Hampshire, said in a statement. “Our current laws ensure that poorer people, wealthier people, and everyone in between is treated the same — but the Governor wants to change that.”
