By GARRY RAYNO, InDepthNH.org
CONCORD — For the third time in three years lawmakers are making changes to the bail system that was reformed several years ago, and since that time has been made more and more restrictive.
Bail reform has been touted by Gov. Kelly Ayotte and Manchester Mayor Jay Ruais who both cite an incident in Manchester when a person arrested in a stabbing incident was released on personal recognizance bail although he had a history of violent crimes.
Supporters said the change is needed to protect the public as well as law enforcement who have to repeatedly deal with violent criminals released on bail.
Ruais claims the system is too heavily weighted to pretrial release even for violent criminals.
The system was changed because people with little money often sat in jail for non-violent crimes because they could not make bail.
Under House Bill 592, the newly created three-month old Magistrate bail system would be abolished and the length of time an arrested person could be held would be increased to 36 hours from 24 hours without going before a judge, not including weekends and holidays.
Opponents said the changes would mean some people arrested on a Friday could be stuck in jail for four or five days if there is a three-day holiday weekend.
Rep. Buzz Scherr, D-Portsmouth, reminded lawmakers that 35 percent of people arrested are never found guilty of the crime, noting that means innocent people can be held in jail for an extended period of time before they are released.
He urged his colleague to give the most recent bipartisan reforms enacted last year that went into effect Jan. 1, time to work before making more changes.
Scherr proposed an amendment that would require the magistrate to look at a person’s past criminal history and violent incidents in determining bail.
The bill would also lower the bar for introducing new evidence that could result in higher bail and likelihood of a lengthy jail stay prior to trial.
“Let’s not take a huge leap,” Scherr said.
But supporters of the plan said the person arrested would still be going before a bail commissioner and a judge under the changes in the bill.
People who commit violent crimes should not be released on personal recognizance bail, supporters said.
The House voted down Scherr’s amendment and another amendment that would return to the current system with a few changes, before voting 204-175 to approve the bill.
The bill will go to the House Finance Committee for review before a final vote is taken on the bill.
In other House action, House Bill 581 establishing a state retirement plan group for new state employee members of the retirement system was laid on the table on a voice vote.
On a vote of 190-185 in support of HB 675 as amended, this bill would place a cap on school district budgets based on inflation and enrollment trends regardless of real costs like teacher salaries, special education services, or rising utility bills.
Megan Tuttle, President of NEA-New Hampshire, said: “In every single community where spending caps have been considered this year, voters have overwhelmingly rejected them. Today’s House vote is an offense to the will of voters and completely disregards the majority of Granite Staters who support their local public schools and believe every student deserves access to a quality education, regardless of their zip code.”
Deputy Majority Leader Joe Sweeney, R-Salem, released the following statement in response to the passage of HB 675.
“This bill safeguards Granite Staters from runaway property taxes,” said Sweeney. “Local property tax rates are set through elections, yet only about 15% of voters participate, meaning just a small fraction of residents ultimately decide tax policies for everyone. That’s not true local control—it’s rule by fringe special interests. HB 675 reins in excessive local spending and takes critical steps to protect taxpayers from these financial burdens.”
Garry Rayno may be reached at garry.rayno@yahoo.com.