(The Center Square) — New Hampshire Republicans are moving to tighten the state’s bail laws over concerns that reforms that went into effect last year are allowing dangerous criminals to be released ahead of trial.
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, require the state to hire three bail magistrates who can fill in for judges to oversee bail hearings and ensure the process moves more quickly. The magistrates began hearing cases on Jan. 1.
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.
A proposal filed by state Rep. Ross Berry, R-Manchester, which is teed up for a vote in the House of Representatives on Thursday, would repeal the current bail law by eliminating the magistrate system and requiring criminal suspects to be seen before a state Superior Court or Circuit Court judge within 24 hours of an arrest. The plan, if approved, would also require a suspect charged with major felonies to be detained before their arraignment.
Republican Gov. Kelly 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.
“To keep New Hampshire the safest state in the nation, we must finally end the failed social experiment that was bail reform,” Ayotte posted on social media Monday. “I am calling on the legislature to help me slam this revolving door shut once and for all.”
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 arrangement.
The New Hampshire Judicial System warned in a fiscal note attached to the GOP legislation that repealing the magistrates — who are appointed to five-year terms — could have fiscal implications for the state government.
“This change will increase the number of bail commissioner fees required and necessitate judges to cover hearings during regular court hours that magistrates would have otherwise overseen,” the agency wrote. “A judge’s salary and benefits are twice those of a magistrate.”
