By PAULA TRACY, InDepthNH.org

CONCORD- A bail reform bill that passed the House last week on a 204-175 vote sailed through the Senate Judiciary Committee with an ought to pass vote following a public hearing on Tuesday.

While it was hailed as an improvement, county officials for Rockingham and Carroll said it may cost smaller jails more money to deal on the weekends with those who are suicidal.

House Bill 592-FN eliminates magistrates – a savings of about $500,000 a year – but could also cost more money on weekends to deal with those in custody expressing suicidal thoughts. Some counties or jails don’t have weekend mental health coverage and would have to send those people to hospitals.

But Senate President Sharon Carson, R-Londonderry, said they have to deal with that now, anyway.

The concerns were not enough for the Judiciary Committee to hold up the bill which Gov. Kelly Ayotte said is immediately necessary to protect lives.

At a press conference last Wednesday, she was flanked by law enforcement officials who said last reforms were a failed experiment that have cost lives and put police in danger.

Many Democrats voted to oppose the bill in the House.

State Rep. Ross Berry, R-Weare, introduced House Bill 592 also known as the bail reform bill to the Senate Judiciary Committee.

He said it was originally filled as a full repeal of the past law but it has been amended two times to include the governor’s input.

In short what the bill does, he said, is remove the magistrates and lowers the standard of review to probable cause plus dangerousness for holding individuals until they can be seen by a judge.

“This is the same standard (of proof) that prosecutors need to get a warrant to search your house plus the proof of dangerousness. So, it’s not the same as you get pulled over and they want to search your car. It’s a higher bar than that. It addresses the issue of the 12 major crimes in which there shall be a presumption that you will be held. Those crimes include homicide, first- and second-degree assault…” among others.

Berry said the bill codifies some protections for the accused and those who believe they are being held unfairly and would give them an absolute right to be seen by a judge within 36 hours, with the exception of holidays and weekends.

And it creates a protection that holds someone cannot be held because they do not have enough money to post bail, Berry said.

“It does not abolish personal recognizance bail entirely, but it certainly curtails it back,” he said. 

The issue of the need for reform has reached a “fever pitch” with stories including how a police officer was shot in Bedford and a 75-year-old veteran was murdered in Manchester by someone who was out on bail. 

Testifying in support of the bill was Rep. Jon Morton, R-Manchester.

After reciting the pledge of allegiance at the start of the meeting he noted the last five words, “…liberty and justice for all,” and what we currently have is “liberty for criminals.”

Morton said this bill can save a lot of lives just in his city alone.

Patrick Sullivan, executive director of NH Chiefs of Police, testified in support of the bill and noted its statewide support among law enforcement

But there was some concern raised for the financial aspects and what possibly could happen if a person is charged with any of the 12 offenses or charged with violation of a protective order issued or after arraignment for violation of a protective order that “the court may order preventive detention without bail if there is probable cause to believe that the person poses a danger” to themselves

Jason Henry, superintendent of the Rockingham County Jail and Brian King of Carroll County expressed concern that this may lead to strained resources or increased costs to hold individuals who have expressed thoughts of suicide.

Sen. Debra Altschiller, D-Stratham, asked if this will be a financial burden to the county. Henry said it might be more of a burden on other countries or jails that do not have as robust resources for mental health service as other counties.

King said Carroll County does not have mental health coverage 24/7 and that could mean they would have to be sent to a hospital with police protection which could also be costly.

Sen. Daryl Abbas, R-Salem asked what they do with people who are expressing suicidal thoughts now?

And Carson said they are dealing with it now. She asked why shouldn’t the individuals be brought first to the hospital for an evaluation rather than bringing them to the jail?

Sometimes that does happen first, she was told.

According to the bill, which appears to be on an expedited route to the governor’s desk with a 16-8 Republican majority in the Senate expected to favor it, the effective date would be 180 days after its passage.