597:1 Release and Detention Authority Generally. – Except as provided in RSA 597:1-a, 597:1-c, or 597:1-d, all persons arrested for an offense shall be eligible to be released pending judicial proceedings upon compliance with the provisions of this chapter. Source. GS 240:18. GL 258:18. PS 252:12. PL 366:13. RL 425:13. RSA 597:1. 1969, 78:1. […]
597:1-a Release or Detention of a Defendant Pending Sentence or Appeal. – I. After conviction for an offense punishable by death or, by a term of life imprisonment without possibility of parole, or for aggravated felonious sexual assault or felonious sexual assault, a defendant shall not be allowed bail. II. Except as provided in […]
597:1-b Repealed by 1988, 110:12, I, eff. June 17, 1988. –
597:1-c Offenses Punishable by Life Imprisonment. – Any person arrested for an offense punishable by up to life in prison, where the proof is evident or the presumption great, shall not be allowed bail. Source. 1993, 258:2, eff. Aug. 14, 1993. 2006, 327:14, eff. Jan. 1, 2007.
597:1-d Probationees and Parolees. – I. If there is a judicial finding of probable cause to believe that a person has committed a violation of RSA 630, RSA 631, RSA 632-A:2-4 or RSA 633:1-3 from an arrest warrant affidavit and the person is on probation or parole for a conviction of a violent crime […]
597:10 Copies, on Appeal. – In case of appeal, the municipal and district courts shall cause true and attested copies of the complaint, other process, records and recognizances, together with any cash bail in the case, to be filed with the clerk of the superior court within 10 days after the date of such […]
597:11 Repealed by 2015, 249:16, X, eff. Oct. 1, 2017. –
[RSA 597:11-a effective January 1, 2024.] 597:11-a Copies, Binding Over. – In the case of an order to recognize for appearance before the superior court, the circuit court shall cause copies of the complaint, other process, records and recognizances, together with any cash bail in the case, to be mailed or delivered to the […]
597:12 Penalty. – Whoever violates any provision of RSA 597:10 and 11 shall be guilty of a violation. Source. RS 222:4. CS 237:4. GS 240:9. GL 258:9. PS 252:18. 1911, 113:1. PL 366:24. RL 425:24. RSA 597:12. 1973, 531:151, eff. at 11:59 P.M., Oct. 31, 1973.
597:13 Accepting Insufficient Bail, etc. – If a justice knowingly accepts insufficient bail or fails to make return of his proceedings as required by law, he shall be liable to the same punishment as for aiding an escape in a like case; provided, that this section shall not apply to release on personal recognizance […]
597:14 Minors. – Minors and their sureties shall be bound by their recognizance in the same manner as if their principals were of full age. Source. GS 241:5. GL 259:5. PS 252:21. PL 366:26. RL 425:26. RSA 597:14. 1988, 110:7, eff. June 17, 1988.
597:14-a Repealed by 1988, 110:12, V, eff. June 17, 1988. –
597:14-b Penalty for Offense Committed While on Release. – I. A person convicted of an offense while released pursuant to this chapter shall be sentenced, in addition to the sentence prescribed for the offense to: (a) A maximum term of imprisonment of not more than 7 years if the offense is a felony; or […]
597:15 Superior Court. – The superior court may appoint justices of the peace and quorum as commissioners authorized to fix and receive bail in criminal or civil cases as hereinafter provided. The superior court shall not appoint as a bail commissioner anyone whose appointment would present a conflict of interest or an appearance of […]
597:15-a Circuit Court. – The circuit court may appoint justices of the peace and quorum as commissioners authorized to fix and receive bail and other fines and fees as authorized by law in criminal or civil cases as hereinafter provided. The circuit court shall not appoint as a bail commissioner anyone whose appointment would […]
597:15-b Repealed by 2013, 59:4, I, eff. June 6, 2013. –
597:16 Repealed by 2013, 59:4, II, eff. June 6, 2013. –
597:17 Term and Identification Card. – I. Bail commissioners shall be commissioned for 5 years and continue in office until their successors shall have qualified. II. The administrative judge of the superior court or the circuit court shall issue an identification card to each qualified bail commissioner in the state. Source. 1895, 37:2. PL […]
597:18 Powers. – On application of a person who is arrested for a bailable offense, at any time before his arraignment therefor, any commissioner may fix the amount of and receive bail in the same manner as the court might do, except in cases provided for by RSA 597:4. Source. 1895, 37:3. PL 366:29. […]
597:18-a Educational Requirements for Bail Commissioners. – I. During September or October of each year, a justice of the superior court, under the direction of the administrative judge of the superior court, and a justice from the circuit court, under the direction of the administrative judge of the circuit court, shall hold a meeting […]
