[RSA 597:2-b effective until January 1, 2025; see also RSA 597:2-b set out below.] 597:2-b Determination of Indigence and Payment of Bail Commissioner Fee. – I. The arresting officer, at the point of arrest, shall inform the offender of the availability of the services of the bail commissioner. If the offender elects to utilize the bail commissioner's services and is not indigent, the offender shall pay the bail commissioner's fee directly to the bail commissioner. If the offender elects to utilize the services of the bail commissioner, but claims indigence, the court shall, to the extent of available funding, utilize all possible means to pay the bail commissioner's fee, and shall include written evidence of fee payment in the offender's case file. I-a. In any case where the offender has been arrested for a crime of violence against an individual person, including any act of stalking or criminal threatening, and the bail commissioner determines that the offender may be released pending arraignment, the arresting agency shall make a reasonable attempt to contact the alleged victim to inform the alleged victim of the pending release and the conditions of bail. II. be released pending arraignment, the arresting agency shall make a reasonable attempt to contact the alleged victim to inform the alleged victim of the pending release and the conditions of bail. II. The court shall develop uniform criteria to evaluate and determine whether an offender is indigent or not indigent for the purpose of the offender's ability to pay the bail commissioner's fee. Based on the criteria, the court shall render a finding of indigent or not indigent for the purpose of the offender's ability to pay the bail commissioner's fee. III. If the court finds that the offender is not indigent for the purpose of paying the bail commissioner's fee, the offender shall reimburse the court for payment of the bail commissioner's fee. IV. If the court finds that the offender is indigent for the purpose of paying the bail commissioner's fee, the offender shall not be liable to pay the fee. [RSA 597:2-b effective January 1, 2025; see also RSA 597:2-b set out above.] 597:2-b Determination of Indigence and Payment of Bail Commissioner Fee. – I. The arresting officer, at the point of arrest, shall inform the offender of the availability of the services of the bail commissioner. mination of Indigence and Payment of Bail Commissioner Fee. – I. The arresting officer, at the point of arrest, shall inform the offender of the availability of the services of the bail commissioner. I-a. In any case where the offender has been arrested for a crime of violence against an individual person, including any act of stalking or criminal threatening, and the bail commissioner determines that the offender may be released pending arraignment, the arresting agency shall make a reasonable attempt to contact the alleged victim to inform the alleged victim of the pending release and the conditions of bail. I-b. The court shall pay each bail commissioner the fees as authorized by RSA 597:20 that each bail commissioner is entitled to within 90 days of the submission of a request for reimbursement from a bail commissioner. The court shall not pay fees that accumulate before January 1, 2025. II. The court shall develop uniform criteria to evaluate and determine whether an offender is indigent or not indigent for the purpose of the offender's ability to repay the bail commissioner's fee. II. The court shall develop uniform criteria to evaluate and determine whether an offender is indigent or not indigent for the purpose of the offender's ability to repay the bail commissioner's fee. Based on the criteria, the court shall render a finding of indigent or not indigent for the purpose of the offender's ability to repay the bail commissioner's fee. III. If the court finds that the offender is not indigent for the purpose of repaying the bail commissioner's fee, the court shall order that the offender reimburse the court for payment of the bail commissioner's fee. The court may extend the time period for such repayment in its discretion to allow the offender reasonable time to make the repayment, except that in no case shall the time period exceed one year from the date the case was closed. IV. If the court finds that the offender is indigent for the purpose of repaying the bail commissioner's fee, the offender shall not be liable to pay the fee. Source. 2020, 12:11, eff. July 16, 2020. 2024, 317:9, eff. July 1, 2024 and Jan. 1, 2025.
New Hampshire Legal Code