By PAULA TRACY, InDepthNH.org
CONCORD – Flanked by close to 100 law enforcement officials and a bipartisan group of elected officials from across the state, Gov. Kelly Ayotte called for the House to pass a bail reform bill Thursday to make New Hampshire a safer place.
“The 2018 bail law created a revolving door for violent criminals in our state, and it’s putting officers and the public at risk. I am grateful to have law enforcement leaders from across our state and from both sides of the aisle backing this critical effort, and I am once again calling on the Legislature to send HB-592 to my desk to shut this revolving door once and for all,” Ayotte said at a press briefing after the Governor and Executive Council meeting Wednesday.
State Sen. Tim Lang, R-Sanbornton, said the Senate will be ready to vote for reforms which include improving the standard of proof for detention from the current “clear and convincing evidence” of dangerousness for 12 of the worst crimes.
In late February, the House Criminal Justice and Safety Committee voted in favor of its passage along party lines. The Democrats on the House committee were not pleased saying the last compromise bail law only became effective Jan. 1.
After the House committee hearing, House Democrats released a statement saying the bill would roll back the historic compromise made on bail reform last term.
Deputy Ranking Member Rep. David Meuse, D-Portsmouth, said after the committee vote: “Today’s vote was disappointing, especially considering that just nine months ago, the Criminal Justice Committee passed, and Governor Sununu signed, a compromise bill on bail reform aimed at enhancing public safety while protecting the civil liberties of Granite Staters.
“While the bill was passed last year, the law has only been in effect since January 1st, and yet Republicans have seized on a complex case moving through the justice system to score political points—doing so at the expense of Granite Staters’ rights by allowing individuals who are arrested to be detained for days without a hearing. While Republicans and the Trump Administration may see due process as negotiable, Granite Staters do not,” Meuse said.
Ayotte noted the new bill preserves consideration for the financial condition of the arrested individuals and defendants won’t be detained merely because they can’t afford to post bail.
Though she believes it has bipartisan support, the governor said she has added the measure to her trailer bill for the biennium budget in case the bill is derailed.
A former prosecutor and Attorney General, Ayotte said she was dismayed while campaigning to hear the stories about the state’s current “broken bail system.”
State Rep. Ross Berry, R-Weare, said this is the very first thing Ayotte mentioned to him when she was considering a run for governor.
“To my fellow members of the House, we’ve got to get this done. We’ve got to get this done right. It needs to happen tomorrow. No more stories. No more anecdotal evidence. Let’s go back to the system we had before but let’s learn from the lessons that we have. PR (personal recognizance) bail on face value is not a bad concept. No one in this room wants to hold a poor person in jail for an indefinite period of time for a low level crime they might not have committed. No one in this room wants to do that. The problem is it is being applied to rapists, wife beaters and child molesters. It is time to bring it to an end,” Berry said.
Manchester Mayor Jay Ruais, a Republican, said there are eight mayors across the state who support the bill including those from left-leaning cities including Concord, Keene and Portsmouth.
“Crime tears at the fabric of our communities. It creates fear and has serious individual consequences and consequences to our economy,” he said.
In 2024, Ruais said 37 percent of arrests were released on bail, 27 percent of all arrests conducted in the city were out on bail at the time of their arrest.
“At a time when all of us mayors and municipalities across the state of New Hampshire are having trouble hiring police officers, this creates an even more insurmountable task to keep us safe,” the mayor said.
Strafford County Sheriff Kathryn Mone, a Democrat, said she supports the bail reform bill which she said is an “overdue step towards fixing a system that has too many cracks,” she said. It has allowed the premature release of individuals at the expense of public safety.
Asked about concerns for increased incarceration costs, the governor said there is capacity in the jail system and that is not as important.
Ayotte said this is not a monetary issue.
“We had a system that worked well before 2018,” she said. “I think it’s a misrepresentation that suddenly we are going to have this massive increase in incarceration because we have finally recalibrated our bail law to where it was and made sure we protect the public. And by the way, what price can we put on someone who has been murdered, raped, assaulted or when we have a Bedford police officer that gets shot by someone who was a three-time offender and should have never been on the streets? That has a huge cost. And I would argue that cost is much bigger than the incremental cost we have of holding people to make sure the public is safe.”
Asked if blame should fall on prosecutors who have been too rushed and not able to convince a judge, Ayotte said she doesn’t blame them.
“I don’t blame anyone for this. I just think that this was an effort in 2018 based on a national movement that didn’t fit New Hampshire. So the county attorneys are very behind this bill. We consulted them…It’s about getting this done and getting this fixed.”
PROMOTIONS INCLUDING ONE FOR A TRANSGENDER INDIVIDUAL MOVE FORWARD AFTER BEING TABLED
At the Executive Council meeting earlier in the day, following a closed-door meeting with the Attorney General Wednesday morning, the Executive Council moved forward with tabled nominations for promotions for a number of National Guard members, including one for a transgender individual.
It came after Executive Councilor Karen Liot Hill, D-Lebanon, had asked for his legal opinion on whether denying such promotions based on such gender issues would be a violation of state or federal rights.
A group of protesters were outside Executive Council Chambers holding signs urging them to approve a promotion and others that were also being held in limbo.
The names will now go forward at the next meeting for a confirmation vote.
It all came after Executive Councilor David Wheeler, R-Milford, asked to table a request from the Department of Military Affairs & Veterans Services to promote Capt. Nathaniel Richter of Mansfield Center, Connecticut, to the rank of major. Wheeler did not elaborate on the reasons but the council voted 4-1 on the request to table.
One of the protesters explained that the nomination language used the pronoun of “her” Richter.
At the Feb. 26 meeting the council voted to table all promotions from the Department of Military and Veterans Affairs and Liot Hill asked Attorney General John Formella to give the council a legal opinion.
Without discussion about the Attorney General’s opinion, the council unanimously moved to take off the tabled requests.
After the meeting, Liot Hill said, “I am really pleased that the Executive Council moved forward all the promotions for all National Guard promotions today and I am really proud that we are making a statement that discrimination is not the New Hampshire way. And that people who have earned their promotions are receiving them.”
She noted Richter has almost 30 years of service and experience.
BERLIN AIRPORT
Despite concerns raised at the Town of Milan town meeting, the council authorized a ground lease agreement with the Berlin Airport Authority, for a term of up to 50 years and a fixed annual rent in the amount of $1 to occupy 5.6 acres of largely undeveloped land along the east side of East River Road in Milan to be primarily used by the New Hampshire Army National Guard.
Executive Councilor Joe Kenney, R-Wakefield, said there was overwhelming public concern about the airport, which is actually in Milan but it’s called Berlin Airport and how it is going to be run and managed at Milan Town Meeting.
Major General David Mikolaities said there is a problem of “fact versus fiction” and that the facility is used for search and rescue and aviation training and there is no personnel daily assigned the facility.
He said the White Mountain National Forest is designated as a military flying area.
Asked by Kenney if he had reached out to the Town of Dummer, he said no.
MANCHESTER POLICE DEPARTMENT COMMUNICATIONS DIVISION HONORED
Telecommunication operators for the City of Manchester were given a commendation by Gov. Kelly Ayotte who said they do very important work in difficult circumstances.
She said the division realized significant growth and strength with 11 new dispatchers in 2024 handling 101,226 calls.
Ayotte said they should have courage, resilience and professionalism in their job.
GIRL SCOUT WEEK CELEBRATED
The governor offered a proclamation for Girl Scout Week. Members of the Green and White Mountain Girl Scouts attended the meeting. March 9-15 is Girl Scout week and Ayotte urged residents to recognize the efforts of the organization and “buy some cookies.”
She was presented with a box of thin mints and chocolate covered peanut butter cookies.
MANCHESTER MEMORIAL HIGH SCHOOL STUDENTS PERFORM
Students from one of four high schools in the City of Manchester brought their instruments and voices to the Executive Council chambers for both choral and jazz performances.
NEW LAW CHANGE AND WHETHER A HEARING IS REQUIRED
A change in law and whether the council is required to hold a public hearing on a renomination was questioned with the Attorney General offering an interpretation.
Michele E. LeBrun of Concord was nominated for reappointment to the Board of Tax and Land Appeals and Executive Councilor Janet Stevens, R-Rye, asked if a hearing was now required.
Formella said if they are already on the board his interpretation is that a hearing is not required and she was confirmed.
FOUR CONFIRMED TO LAKES MANAGEMENT ADVISORY COMMITTEE
Peggy Ames of Gilford, Cody Gray of Moultonborough, Andrea LaMoreaux of Plymouth and Janet Kidder of New London were all confirmed. LaMoreaux and Kidder were reappointments.
NOMINATIONS
Nicholas Ashooh of Lyme has been nominated by the governor to serve on the Site Evaluation Committee as an alternate public member for the next four years and Terence R. Pfaff of Hookset to the Compensation Appeals Board.