By PAULA TRACY, InDepthNH.org
CONCORD — Within 90 days, all law enforcement in the state will have real-time bail information at their fingertips, thanks in part to a contract approved Wednesday and the lessons the state learned following the murder of a 25-year-old Berlin woman last summer.
State Supreme Court Chief Justice Gordon MacDonald said last summer that the state’s bail system is “firmly rooted in the 18th century. We are a paper-based system,” and that there could be improvements down the road to improve the data exchange in real time.
That time has come.
MacDonald made that statement during a meeting called at the urging of two executive councilors following the death of Sandra Marisol Fuentes Huaracha. She was killed by her estranged husband Michael Gleason Jr. – who then killed himself – while he was out on $5,000 bail after facing several charges, including aggravated felonious sexual assault.
Fuentes Huaracha had gone to Berlin police in the days before her death to report Gleason had violated his bail conditions.
In its internal investigation, the state found a lack of real-time data being shared between the courts and law enforcement, among other issues.
On Wednesday, the Executive Council unanimously approved a $500,000 contract amendment with Computer Projects of Illinois that will allow police across the state to immediately know whether a person is in violation of bail conditions. When based on a paper system, that information can be delayed on weekends and at the end of a workday.
Bail reform has been a cornerstone issue for Republican Gov. Kelly Ayotte. She noted that many of her campaign promises in that regard have been achieved through legislation last year prior to the death of Fuentes Huaracha.
After the death, Ayotte has maintained that lessons can still be learned that could lead to other improvements to protect individuals in the state.
Executive Councilor John Stephen, R-Manchester, asked Commissioner of Safety Robert Quinn if there are municipalities in the state that do not have access to real-time information, and he responded that there are not any.
According to Quinn, with the approval of the contract, the state could have a comprehensive, real-time bail data system in place in a matter of months.
Stephen responded that the grant was of “great value.”
Quinn wrote in his request for the grant funding that Computer Projects of Illinois has helped 28 other states with establishing real-time bail data systems.
Following the July 6 death of Fuentes Huaracha, Executive Councilors Joe Kenney, R-Wakefield, and Stephen asked for the meeting with Quinn, MacDonald and Attorney General John Formella to review possible gaps in communications systems among police departments, courts and domestic violence victims.
Ayotte also directed a review and several other probes were launched, including one within the Berlin Police Department that is still ongoing.
In a July letter asking for the meeting, the two councilors wrote, “We believe this discussion will provide valuable opportunities to explore additional measures for strengthening that protect our communities and ensure that law enforcement, courts and other stakeholders possess the necessary resources to respond effectively and decisively.”
One issue identified was whether real-time data could have saved the life of Fuentes Huaracha, who was killed while working at La Casita Mexican Restaurant before it opened to the public that day.
MacDonald said there are areas the courts can improve, and “we will participate vigorously.”
MacDonald noted there are about 36,000 bail orders issued each year. He differentiated between civil and criminal cases, with the latter involving stalking and assault.
“Those bail orders are entered into the system and made available through SPOTS to law enforcement by the end of a court business day,” he said.
MacDonald acknowledged that with a paper-based system, judges are required to fill them out by hand.
Kenney asked if that could be fixed, and MacDonald responded, “potentially, down the road.”
A second issue is that bail is often decided by commissioners who work 24/7, and there may be connectivity issues and technology that are not yet compatible, MacDonald said.
Kenney asked why some of the more than $1 billion in post COVID-19 federal funds were not used to create that system.
There was no answer to that, but MacDonald said there is a report due on a study of taking a different approach or combining a paper and analog systems, but it would likely require significantly more staff.
“I’m feeling like we are back in the dark ages,” Stephen said at the time. He noted that technology has become a lot less expensive than it was in the 1980s.
Formella said when he meets with police chiefs, the top message he sends them is: “If you are having challenges on resources, please tell me. We want to know what challenges they are seeing.”
The contract will go into effect immediately and the funding will come from a variety of sources, including 24 percent federal funds.
VEHICLE INSPECTION
Executive Councilor Karen Liot Hill, D-Lebanon, asked Formella for an update on the state vehicle inspection system, given the federal court order and the council’s decision last week to refuse a 60-day extension to operate the system with contractor Gordon-Darby, which sued the state.
Formella said he filed a notice of appeal to stay the injunction of Federal District Court Judge Landya McCafferty pending appeal on Tuesday. He said his office is in contact with federal EPA officials as the state awaits approval of a waiver on the Clean Air Act to allow it to drop the two-pronged vehicle inspection system (safety and emissions.)
“We don’t have any filing from Gordon-Darby that would bring us in front of the judge … yet,” Formella said.
He said he did not want to speculate, but he is working on additional public guidance. Currently, the public has been told vehicle inspections will not be required until at least April 10.
A legislative committee this week also voted to recommend not changing the law while the legal and federal process plays out.
Liot Hill asked if it is likely that this will go on longer than April 10, and Formella said the process will be taken step by step.
DRAFTKINGS GETS ANOTHER TWO YEARS
The council approved a request by the Lottery and Gaming Commission to amend an existing contract with DraftKings of Boston to provide sports betting systems, equipment and services to operate mobile and retail sportsbooks within the state. The contract extension will be good through June 2028 and will increase the amount of promotional deductions allowed for the retail chain from 10 percent to 40 percent. The funds come entirely from lottery funds.
$4.5M APPROVED TO REMOVE GOFFSTOWN DAM
The council approved funds from the Department of Environmental Services Mitigation Fund Program to help the Town of Goffstown remove the Hadley Falls Dam, and restore natural stream and wetland funds there.
Stephen said it is important to his constituents to know the state is backing their efforts to remove a dam that has been deemed too far gone to repair, and noted that more will need to be done at the local level to see the project go forward.