New Hampshire governor signs controversial bail reform bill into law News
© WikiMedia (Gage Skidmore)
New Hampshire governor signs controversial bail reform bill into law

New Hampshire Governor Kelly Ayotte signed House Bill 592 on Tuesday “to end the failed reform social experiment in New Hampshire.” The bill rolls back some of the reforms made to the bail setting process over the years and increases the length of time police can detain a suspect without bail.

Specifically, the bill permits law enforcement to detain any individual arrested with or “without” a warrant at a police station, county correctional facility, “or other place provided for the detention of offenders,” for up to 36 hours before being brought to appear before court. Additionally, this bill no longer permits commissioners or magistrates to set bails and requires that only the state’s circuit court or superior courts to set bails.

The bill also creates a “rebuttable presumption” that the suspect “will not abide by bail conditions” if there is probable cause to believe that the suspect failed to appear before court within the said 36 hours or committed another crime such as a felony, Class A misdemeanor, driving under the influence, or violated some other condition of the bail. In those instances, the bill permits law enforcement to re-detain the individual.

On signing the bill, Ayotte directly attacked and contrasted neighboring Massachusetts state’s “soft-on-crime policies” of letting “violent criminals back out on the street” and additionally blamed Massachusetts’ “billion-dollar illegal immigration problem” as a contributing factor to crime in the state. She also re-shared a story about three accused child rapists, wanted by Immigration and Customs Enforcement, who were released on bails set as low as $0. Ayotte further added:

The broken bail law was a failed social experiment that created a revolving door for violent criminals in our state. Today, we slammed that revolving door shut.

I was proud to sign this bill into law alongside leaders from both parties and members of our law enforcement community. I thank everyone who helped get this across the finish line, and I look forward to continuing to work together to keep our state the safest in the nation.

Massachusetts Governor Maura Healey almost immediately rejected Ayotte’s labeling of her state as a “sanctuary state” and reminded Ayotte that Healey was a former prosecutor and attorney general who spent “a good part of her career investigating, prosecuting, and putting bad guys away.”

ACLU of Massachusetts legal director, Gilles Bissonnette, criticized the bill stating: “We are going back to that time, unfortunately, where people are going to be detained simply because they can’t pay money that really aren’t a danger or aren’t a flight risk.” Bissonnette said that any disagreements law enforcement has with a magistrate or bail commissioner could simply be resolved by appealing that decision in court under the current system.

Per § 8 of the legislation, the new bail law will become effective 180 days after its signing — i.e. September 21.