reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 595-B - Administrative Inspection Warrants › Section 595-B:9 - Application Limited.

595-B:9 Application Limited. –
This chapter shall not apply to the application for warrants by personnel within the department of fish and game and the division of state police, and shall in no way affect the issuance of warrants at the request of persons within the department or division under other provisions of law.
Source.
1981, 533:1. 1987, 342:5, eff. July 24, 1987.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 595-C - Eyewitness Identification Policy › Section 595-C:1 - Definitions.

595-C:1 Definitions. –
In this chapter:
I. "Live lineup" means an identification procedure in which a group of persons, including the suspected perpetrator of an offense and other persons not suspected of the offense, is displayed to an eyewitness for the purpose of determining whether the eyewitness identifies the suspect as the perpetrator.
II. "Photo lineup" means an identification procedure in which an array of photographs, including a photograph of the suspected perpetrator of an offense and additional photographs of other persons not suspected of the offense, is displayed to an eyewitness either in hard copy form or via computer for the purpose of determining whether the eyewitness identifies the suspect as the perpetrator.
III. "Show-up" means an identification procedure in which an eyewitness is presented with a single suspect for the purpose of determining whether the eyewitness identifies this individual as the perpetrator.
Source.
2018, 347:1, eff. Jan. 1, 2019.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 595-C - Eyewitness Identification Policy › Section 595-C:2 - Written Policy Required.

595-C:2 Written Policy Required. –
Each state, county, and local law enforcement agency that conducts photo lineups, live lineups, or show-ups shall adopt a written policy that sets forth the manner in which they shall be conducted. Such policy shall conform to the standards and procedures established by the office of the attorney general and as contained in the latest version of the law enforcement manual pertaining to pretrial identification procedures. Such written policy shall be kept on file and available for inspection by the attorney general.
Source.
2018, 347:1, eff. Jan. 1, 2019.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 596-A - Preliminary Examinations › Section 596-A:1 - Adjournments.

596-A:1 Adjournments. –
When an accused person is brought before a circuit court, upon a warrant or complaint, for trial or preliminary examination, the proceedings may be adjourned for cause, from time to time, as shall be adjudged reasonable, and the accused may be detained in custody, or required to recognize, with or without sureties, for the accused's appearance, as the nature of the case may require.
Source.
1965, 116:1, eff. July 27, 1965. 2015, 249:8, eff. Jan. 1, 2016, July 1, 2016 and Oct. 1, 2017. 2022, 268:4, eff. Jan. 1, 2024.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 596-A - Preliminary Examinations › Section 596-A:2 - to 596-A:7 Repealed by 2015, 249:16, III, eff. Oct. 1, 2017.

596-A:2 to 596-A:7 Repealed by 2015, 249:16, III, eff. Oct. 1, 2017. –
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 596-A - Preliminary Examinations › Section 596-A:8 - Record.

596-A:8 Record. –
Every circuit court district division shall, upon motion made by an accused in a preliminary examination for probable cause, at least 5 days before the date of hearing or any adjournment thereof, provide a recording of all proceedings before said court at the expense of the defendant, or, in the case of an indigent defendant, in accordance with the provisions of RSA 604-A. Every circuit court, upon its own motion, may cause a written transcript to be made of proceedings at a preliminary examination in any case where the magnitude of the offense may seem to require it.
Source.
2022, 268:9, eff. Jan. 1, 2024.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 596-A - Preliminary Examinations › Section 596-A:9 - Caution to Accused.

596-A:9 Caution to Accused. –
The circuit court district division shall cause the complaint to be read to the accused and shall inform the accused of right to retain counsel and of the right to have a preliminary examination. The court shall also inform the accused that they are not required to make a statement or to testify, but that any statement or testimony given by the accused may be used against them. The court shall allow accused reasonable time and opportunity to consult, including an adjournment as provided in RSA 596-A:1, if necessary.
Source.
2022, 268:9, eff. Jan. 1, 2024.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 596-A - Preliminary Examinations › Section 596-A:10 - Procedure.

596-A:10 Procedure. –
The accused shall not be called upon to plead, if the offense is beyond the jurisdiction of the court to decide. If the accused waives preliminary examination thereof, the court shall hold the accused to appear in superior court as provided in RSA 596-A:13. If the accused does not waive preliminary examination, the court shall hear the evidence within a reasonable time. The accused may cross-examine the witnesses against them and may introduce evidence in their own behalf.
Source.
2022, 268:9, eff. Jan. 1, 2024.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 596-A - Preliminary Examinations › Section 596-A:11 - Testimony of Accused.

596-A:11 Testimony of Accused. –
If the accused elects to be examined himself or herself, the accused shall be sworn, but it shall always be a sufficient answer that he or she declines to answer the question; and if at any time the accused declines to answer further, the examination shall cease.
Source.
2022, 268:9, eff. Jan. 1, 2024.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 596-A - Preliminary Examinations › Section 596-A:12 - Excluding Witnesses.

596-A:12 Excluding Witnesses. –
Any of the witnesses for or against the accused may be excluded from the place of examination, and be kept separate and apart from each other during the examination of other witnesses.
Source.
2022, 268:9, eff. Jan. 1, 2024.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 596-A - Preliminary Examinations › Section 596-A:13 - Commitment and Bail.

596-A:13 Commitment and Bail. –
If from the evidence it appears to the circuit court district division that there is probable cause to believe that an offense has been committed which is beyond the jurisdiction of the court to try and that the accused committed it, or if the accused waives preliminary examination thereof, the court shall hold the accused to appear in superior court as provided in RSA 502-A:13-a or RSA 592-A:4-a; otherwise, if no probable cause appears, the accused shall be discharged from custody. If bound over, unless the offense is bailable only by the superior court as provided in RSA 597:4, the accused may be admitted to bail by the court as provided in RSA 597, but where the offense is bailable only by the superior court, the accused shall be committed by warrant to a county jail pending further proceedings in superior court.
Source.
2022, 268:9, eff. Jan. 1, 2024.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:1 - Release and Detention Authority Generally.

597:1 Release and Detention Authority Generally. –
Except as provided in RSA 597:1-a, 597:1-c, or 597:1-d, all persons arrested for an offense shall be eligible to be released pending judicial proceedings upon compliance with the provisions of this chapter.
Source.
GS 240:18. GL 258:18. PS 252:12. PL 366:13. RL 425:13. RSA 597:1. 1969, 78:1. 1974, 34:4. 1988, 110:1. 1989, 386:1. 1993, 258:1, eff. Aug. 14, 1993.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:1-a - Release or Detention of a Defendant Pending Sentence or Appeal.

597:1-a Release or Detention of a Defendant Pending Sentence or Appeal. –
I. After conviction for an offense punishable by death or, by a term of life imprisonment without possibility of parole, or for aggravated felonious sexual assault or felonious sexual assault, a defendant shall not be allowed bail.
II. Except as provided in paragraph I, the court shall order that a person who has been found guilty of a felony and who is awaiting imposition or execution of sentence be detained, unless the court finds by clear and convincing evidence that the person is not likely to flee or pose a danger to the safety of the person or to any other person or the community. If the court makes such a finding, it shall order the release of the person in accordance with the provisions of RSA 597:2.
III. (a) The court shall order that a person found guilty of a felony and sentenced to a term of imprisonment and who has made a good faith representation that he or she shall file a timely appeal be detained, unless the person establishes and the court finds:
(1) By clear and convincing evidence, taking into consideration the nature of the crime and the length of the sentence imposed, that the person is not likely to fail to appear to answer the judgment following the conclusion of the appellate proceeding, or to pose a danger to himself or herself or to any other person or the community, or to intimidate witnesses, or otherwise to interfere with the administration of justice; and
(2) By a preponderance of the evidence that the appeal will not likely be frivolous or taken merely for delay.
(b) Upon making the findings specified in subparagraph (a), the court shall order the release of the person in accordance with the provisions of RSA 597:2.
IV. Any person who has been found guilty of a misdemeanor and who is awaiting imposition or execution of sentence, or who has been sentenced to a term of imprisonment and who has filed an appeal shall, before the conclusion of the appellate proceeding, be released upon compliance with the provisions of RSA 597:2.
V. In any case where release is denied pending appeal, the court shall provide for the record the reasons for such denial.
VI. The court shall treat a defendant in a case in which an appeal has been taken by the state pursuant to the provisions of RSA 606:10, in accordance with the provisions of RSA 597:2, unless the defendant is otherwise subject to a release or a detention order.
Source.
1975, 275:1. 1985, 26:1. 1988, 110:2. 1989, 386:2. 1992, 254:12, eff. Jan. 1, 1993. 2008, 200:1, eff. June 11, 2008.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:1-b - Repealed by 1988, 110:12, I, eff. June 17, 1988.

597:1-b Repealed by 1988, 110:12, I, eff. June 17, 1988. –
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:1-c - Offenses Punishable by Life Imprisonment.

597:1-c Offenses Punishable by Life Imprisonment. –
Any person arrested for an offense punishable by up to life in prison, where the proof is evident or the presumption great, shall not be allowed bail.
Source.
1993, 258:2, eff. Aug. 14, 1993. 2006, 327:14, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:1-d - Probationees and Parolees.

597:1-d Probationees and Parolees. –
I. If there is a judicial finding of probable cause to believe that a person has committed a violation of RSA 630, RSA 631, RSA 632-A:2-4 or RSA 633:1-3 from an arrest warrant affidavit and the person is on probation or parole for a conviction of a violent crime listed in RSA 651:4-a or a substantially similar crime in any state or federal court in this or any other state, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States, it is presumed that release on bail and imposition of any condition or set of conditions listed in RSA 597:2 will not reasonably assure the appearance of the person as required and will endanger the safety of the person or of any other person or the community.
II. The court shall not release such person on bail unless the court finds by a preponderance of the evidence that some condition or set of conditions found in RSA 597:2 will assure the person's appearance and assure that release will not pose a danger to the safety of the person or of any person or the community.
III. Such person shall be detained without bail pending a bail hearing before the court to be held as soon after arraignment as possible but in no event later than 72 hours after arraignment. At such hearing, the arresting agency shall present, and the court shall consider, all relevant records or other documentation concerning the arrested person's parole or probation, as well as the offense for which the person is on parole or probation.
Source.
1993, 258:2, eff. Aug. 14, 1993. 2015, 249:9, eff. Jan. 1, 2016, July 1, 2016 and Oct. 1, 2017.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:2-a - Repealed by 1988, 110:12, II, eff. June 17, 1988.

597:2-a Repealed by 1988, 110:12, II, eff. June 17, 1988. –
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:2-b - Determination of Indigence and Payment of Bail Commissioner Fee.

597:2-b Determination of Indigence and Payment of Bail Commissioner Fee. –
I. The arresting officer, at the point of arrest, shall inform the offender of the availability of the services of the bail commissioner. If the offender elects to utilize the bail commissioner's services and is not indigent, the offender shall pay the bail commissioner's fee directly to the bail commissioner. If the offender elects to utilize the services of the bail commissioner, but claims indigence, the court shall, to the extent of available funding, utilize all possible means to pay the bail commissioner's fee, and shall include written evidence of fee payment in the offender's case file.
II. The court shall develop uniform criteria to evaluate and determine whether an offender is indigent or not indigent for the purpose of the offender's ability to pay the bail commissioner's fee. Based on the criteria, the court shall render a finding of indigent or not indigent for the purpose of the offender's ability to pay the bail commissioner's fee.
III. If the court finds that the offender is not indigent for the purpose of paying the bail commissioner's fee, the offender shall reimburse the court for payment of the bail commissioner's fee.
IV. If the court finds that the offender is indigent for the purpose of paying the bail commissioner's fee, the offender shall not be liable to pay the fee.
Source.
2020, 12:11, eff. July 16, 2020.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:3 - Money Deposited.

597:3 Money Deposited. –
All money deposited for bail shall be held for the use of the state until the clerk of the superior court where the bail is deposited shall certify that no liability exists against the bail.
Source.
1903, 28:2. PL 366:15. RL 425:15. RSA 597:3. 1983, 383:60, eff. Jan. 1, 1984.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:4 - In Superior Court.

597:4 In Superior Court. –
If any person is charged with murder, the superior court or any justice thereof, upon application and notice to the attorney general or county attorney, and examination of such evidence as may be laid before them, may determine the amount of the bail, and take the recognizance required or authorize the clerk or any suitable justice to take it.
Source.
GS 240:19. GL 258:19. PS 252:13. PL 366:16. RL 425:16. RSA 597:4. 1969, 78:3. 1973, 370:20, eff. Nov. 1, 1973.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:5 - When Requirable.

[RSA 597:5 effective until January 1, 2024;  see also RSA 597:5  set out below.]
597:5 When Requirable. –
Every court and justice may, when a person is accused of an offense in which said court or justice is authorized to receive bail, release said person on personal recognizance or require said person to recognize, with sureties, to appear at a future time before said court or justice or any other competent tribunal. Bail in felony cases is returnable only to the superior court.
[RSA 597:5 effective January 1, 2024;  see also RSA 597:5  set out above.]
597:5 When Requirable. –
Every court and justice may, when a person is accused of an offense in which said court or justice is authorized to receive bail, release said person on personal recognizance or require said person to recognize, with sureties, to appear at a future time before said court or justice or any other competent tribunal.
Source.
RS 222:3. CS 237:3. GS 241:1. GL 259:1. PS 252:14. PL 366:17. RL 425:17. RSA 597:5. 1969, 78:4, eff. June 3, 1969. 2015, 249:10, eff. Jan. 1, 2016, July 1, 2016 and Oct. 1, 2017. 2022, 268:5, eff. Jan. 1, 2024.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:5-a - When Requirable; Bail and Recognizances for Person Detained for Probation Violation.

597:5-a When Requirable;  Bail and Recognizances for Person Detained for Probation Violation. –
Upon motion duly made, a court shall schedule a bail hearing. Every court may, when a person is accused of an offense or a probation violation in which said court is authorized to receive bail, release said person on personal recognizance or require him or her to recognize, with sureties, to appear at a future time before the court or any other competent tribunal.
Source.
2005, 230:2, eff. Jan. 1, 2006.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:6 - Repealed by 2015, 249:16, IX, eff. Oct. 1, 2017.

597:6 Repealed by 2015, 249:16, IX, eff. Oct. 1, 2017. –
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:6-b - Repealed by 1988, 110:12, III, eff. June 17, 1988.

597:6-b Repealed by 1988, 110:12, III, eff. June 17, 1988. –
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:6-c - Repealed by 1988, 110:12, IV, eff. June 17, 1988.

597:6-c Repealed by 1988, 110:12, IV, eff. June 17, 1988. –
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:6-d - Release or Detention of Material Witness.

597:6-d Release or Detention of Material Witness. –
If it appears from an affidavit filed by a party that the testimony of a person is material in a criminal proceeding, and if it is shown that it may become impracticable to secure the presence of the person by subpoena, a justice of the court in which the defendant will be tried may order the arrest of the person and treat the person in accordance with the provisions of RSA 597:2. No material witness may be detained because of inability to comply with any condition of release if the trial testimony of such witness can adequately be secured by deposition, and if further detention is not necessary to prevent a failure of justice. Release of a material witness may be delayed for a reasonable period of time until the trial deposition of the witness may be taken.
Source.
1988, 110:5. 1989, 386:5, eff. June 5, 1989.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:6-e - Review and Appeal of Release or Detention Order.

597:6-e Review and Appeal of Release or Detention Order. –
I. If a person is ordered released by a bail commissioner, the person, or the state, shall be entitled to a hearing, if requested, on the conditions of bail before a justice within 48 hours, Sundays and holidays excepted.
II. Subject to RSA 597:2, X, the person or the state may file with the superior court a motion for revocation of the order or amendment of the conditions of release set by a municipal or district court, by a justice, or by a bail commissioner. The motion shall be determined promptly. However, no action shall be taken on any such motion until the moving party has provided to the superior court certified copies of the complaint, affidavit, warrant, bail slip, and any other court orders relative to each charge for which a release or detention order was issued by a justice, or a bail commissioner. In cases where a district court justice has made a finding, pursuant to RSA 597:2, IV that the person poses a danger to another, the superior court shall, after notification to both parties, the police department that brought the charges in district court, and the victim, conduct a hearing and make written findings supporting any modifications and reasons for new conditions or changes from the district court order. The reviewing court shall take into consideration the district court's written findings, orders, pleadings, or transcript when making a modification.
III. The person, or the state pursuant to RSA 606:10, V, may appeal to the supreme court from a court's release or detention order, or from a decision denying revocation or amendment of such an order. The appeal shall be determined promptly.
Source.
1988, 110:5. 1989, 386:6. 1999, 229:2. 2000, 51:1, eff. Jan. 1, 2001. 2018, 366:3, eff. Aug. 31, 2018.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:6-f - Appearance at Superior Court.

[RSA 597:6-f effective January 1, 2024.]
597:6-f Appearance at Superior Court. –
If the offense is bailable by the circuit court district division, the accused shall be ordered to recognize in accordance with the provisions of RSA 597:2, for the accused's appearance at the superior court, at the next term thereof for the county or judicial district thereof at which a grand jury is required to attend, and to stand committed until the order is complied with.
Source.
2022, 268:10, eff. Jan. 1, 2024.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:7 - Commitment in Default of Recognizance.

597:7 Commitment in Default of Recognizance. –
If the order to recognize for his appearance is not complied with in a reasonable time, the court or justice, by warrant, shall cause the accused to be committed to jail until he complies therewith.
Source.
RS 222:6. CS 237:6. GS 240:7. GL 258:7. PS 252:16. PL 366:19. RL 425:19.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:7-b - Bail Agents and Recovery Agents; Licensure; Notification to Local Law Enforcement Required.

597:7-b Bail Agents and Recovery Agents;  Licensure;  Notification to Local Law Enforcement Required. –
I. In this section:
(a) "Bail agent" means any person appointed by an insurer by power of attorney to execute or countersign bail bonds for the insurer in connection with judicial proceedings and who receives a premium.
(b) "Bail recovery agent" means a person who meets the requirements of paragraph II of this section and who is offered or given any compensation for assisting a professional bondsman under RSA 598-A or a surety in apprehending or surrendering any defendant, or keeping the defendant under necessary surveillance.
II. Any person who operates as a bail recovery agent in this state, excluding licensed private detectives, shall be trained and certified through a program approved by the Professional Bail Agents of the United States or other training program approved by the commissioner of safety and shall be licensed with the department of safety under RSA 106-F. Licensees shall also meet proficiency requirements under RSA 106-F:8-a. The department of safety shall issue to each licensed bail recovery agent proof of such licensure. Each bail recovery agent operating in this state shall provide to the department of safety proof of liability insurance coverage in the amount of $300,000 for bail recovery activities. This proof of insurance coverage shall be provided before the bail recovery agent is licensed or relicensed by the department of safety. Licenses shall be valid for 2 years after the date of issuance and shall be renewed every 2 years thereafter, upon application and payment of the fee and submission of continuing proof of the required liability insurance coverage. The application for renewal shall be submitted at least 15 days before the expiration of the previously granted license. Any person who operates as a bail recovery agent in this state without meeting the licensure and relicensure requirements shall be guilty of a class B misdemeanor for the first offense and a class A misdemeanor for a second offense within a 7-year period.
III. A bail recovery agent searching for a person who has violated conditions of release shall notify a municipality's chief law enforcement officer if the search is to be conducted in the municipality's jurisdiction. A bail recovery agent who violates the provisions of this paragraph shall be guilty of a class A misdemeanor.
Source.
1995, 287:1. 1999, 299:1, eff. Jan. 1, 2000. 2016, 196:12, eff. Jan. 1, 2017.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:8 - Subsequent Bail.

597:8 Subsequent Bail. –
A prisoner committed to jail pursuant to RSA 597:7 may at any time recognize agreeably to the order to recognize for his appearance, before a justice, and thereupon the justice shall issue his warrant for the discharge of the prisoner, and he shall be discharged from custody.
Source.
GS 240:8. GL 258:8. PS 252:17. PL 366:20. RL 425:20.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:9 - Copies, Subsequent Bail.

597:9 Copies, Subsequent Bail. –
The justice issuing an order for the discharge of a prisoner shall file, in the office of the clerk of the superior court for the county or judicial district thereof in which the offense is alleged to have been committed, true and attested copies of the application to the justice to take such recognizance, of the order made by the justice on the application, of the recognizance taken, and a note of the warrant of discharge issued by the justice.
Source.
GS 240:10. GL 258:10. PS 252:19. PL 366:21. RL 425:21. RSA 597:9. 1992, 284:74, eff. July 1, 1992.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:10 - Copies, on Appeal.

597:10 Copies, on Appeal. –
In case of appeal, the municipal and district courts shall cause true and attested copies of the complaint, other process, records and recognizances, together with any cash bail in the case, to be filed with the clerk of the superior court within 10 days after the date of such order for recognizance.
Source.
RS 222:4. CS 237:4. GS 240:9. GL 258:9. PS 252:18. 1911, 113:1. PL 366:22. 1937, 49:3. RL 425:22. RSA 597:10. 1957, 71:2. 1959, 19:1. 1965, 86:3, eff. July 10, 1965.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:11 - Repealed by 2015, 249:16, X, eff. Oct. 1, 2017.

597:11 Repealed by 2015, 249:16, X, eff. Oct. 1, 2017. –
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:11-a - Copies, Binding Over.

[RSA 597:11-a effective January 1, 2024.]
597:11-a Copies, Binding Over. –
In the case of an order to recognize for appearance before the superior court, the circuit court shall cause copies of the complaint, other process, records and recognizances, together with any cash bail in the case, to be mailed or delivered to the clerk of the superior court of the county or judicial district thereof within 10 days after the date of such order for recognizance. A copy of the complaint or other process shall also be mailed or delivered to the county attorney for the county within said 10 days.
Source.
2022, 268:11, eff. Jan. 1, 2024.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:12 - Penalty.

597:12 Penalty. –
Whoever violates any provision of RSA 597:10 and 11 shall be guilty of a violation.
Source.
RS 222:4. CS 237:4. GS 240:9. GL 258:9. PS 252:18. 1911, 113:1. PL 366:24. RL 425:24. RSA 597:12. 1973, 531:151, eff. at 11:59 P.M., Oct. 31, 1973.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:13 - Accepting Insufficient Bail, etc.

597:13 Accepting Insufficient Bail, etc. –
If a justice knowingly accepts insufficient bail or fails to make return of his proceedings as required by law, he shall be liable to the same punishment as for aiding an escape in a like case; provided, that this section shall not apply to release on personal recognizance upon a finding by the justice that such release is proper under the circumstances of the case.
Source.
GS 240:11. GL 258:11. PS 252:20. PL 366:25. RL 425:25. RSA 597:13. 1969, 78:6, eff. June 3, 1969.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:14 - Minors.

597:14 Minors. –
Minors and their sureties shall be bound by their recognizance in the same manner as if their principals were of full age.
Source.
GS 241:5. GL 259:5. PS 252:21. PL 366:26. RL 425:26. RSA 597:14. 1988, 110:7, eff. June 17, 1988.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:14-a - Repealed by 1988, 110:12, V, eff. June 17, 1988.

597:14-a Repealed by 1988, 110:12, V, eff. June 17, 1988. –
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:14-b - Penalty for Offense Committed While on Release.

597:14-b Penalty for Offense Committed While on Release. –
I. A person convicted of an offense while released pursuant to this chapter shall be sentenced, in addition to the sentence prescribed for the offense to:
(a) A maximum term of imprisonment of not more than 7 years if the offense is a felony; or
(b) A maximum term of imprisonment of not more than one year if the offense is a misdemeanor.
II. A term of imprisonment imposed pursuant to this section shall be consecutive to any other sentence of imprisonment. Neither the penalty provided by this section or any prosecution under this section shall interfere with or prevent the forfeiture of any bail or the exercise by the court of its power to punish for contempt.
Source.
1988, 110:8. 1989, 386:8, eff. June 5, 1989.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:15 - Superior Court.

597:15 Superior Court. –
The superior court may appoint justices of the peace and quorum as commissioners authorized to fix and receive bail in criminal or civil cases as hereinafter provided. The superior court shall not appoint as a bail commissioner anyone whose appointment would present a conflict of interest or an appearance of bias in the carrying out of his or her duties as a bail commissioner.
Source.
1895, 37:1. PL 366:27. RL 425:27. RSA 597:15. 1967, 302:1, eff. Aug. 29, 1967. 2007, 189:1, eff. June 18, 2007. 2013, 59:1, eff. June 6, 2013.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:15-a - Circuit Court.

597:15-a Circuit Court. –
The circuit court may appoint justices of the peace and quorum as commissioners authorized to fix and receive bail and other fines and fees as authorized by law in criminal or civil cases as hereinafter provided. The circuit court shall not appoint as a bail commissioner anyone whose appointment would present a conflict of interest or an appearance of bias in the carrying out of his or her duties as a bail commissioner.
Source.
1963, 331:9. 1985, 341:9. 1998, 288:5, eff. Jan. 1, 1999. 2008, 105:1, eff. May 28, 2008. 2013, 59:2, eff. June 6, 2013.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:15-b - Repealed by 2013, 59:4, I, eff. June 6, 2013.

597:15-b Repealed by 2013, 59:4, I, eff. June 6, 2013. –
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:17 - Term and Identification Card.

597:17 Term and Identification Card. –
I. Bail commissioners shall be commissioned for 5 years and continue in office until their successors shall have qualified.
II. The administrative judge of the superior court or the circuit court shall issue an identification card to each qualified bail commissioner in the state.
Source.
1895, 37:2. PL 366:28. RL 425:28. 2020, 12:12, eff. July 16, 2020.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:18 - Powers.

597:18 Powers. –
On application of a person who is arrested for a bailable offense, at any time before his arraignment therefor, any commissioner may fix the amount of and receive bail in the same manner as the court might do, except in cases provided for by RSA 597:4.
Source.
1895, 37:3. PL 366:29. RL 425:29.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:18-a - Educational Requirements for Bail Commissioners.

597:18-a Educational Requirements for Bail Commissioners. –
I. During September or October of each year, a justice of the superior court, under the direction of the administrative judge of the superior court, and a justice from the circuit court, under the direction of the administrative judge of the circuit court, shall hold a meeting with all bail commissioners under the jurisdiction of such courts. This meeting shall be for the purpose of educating bail commissioners on the laws concerning their powers and duties.
II. The administrative judges of the superior and circuit courts shall jointly develop an education program to ensure that bail commissioners have current information regarding the status of the laws affecting bail commissioners and the powers and duties of bail commissioners.
III. A copy of all laws concerning bail commissioners and a copy of the latest edition of the Bail Commissioner's Handbook shall be provided to each bail commissioner at this annual meeting.
Source.
1995, 61:2, eff. July 8, 1995. 2020, 12:13, eff. July 16, 2020.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:19 - Returns.

597:19 Returns. –
Every recognizance taken by a commissioner shall be certified and returned to the clerk of the court before which the party is bound to appear, on or before the day of the sitting thereof.
Source.
1895, 37:4. PL 366:30. RL 425:30.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:20 - Fees.

597:20 Fees. –
The bail commissioners in such cases shall be entitled to a fee of $40. However, clerks of court or members of their staffs who are bail commissioners shall be entitled to collect such fee only when called while not on active duty. In jurisdictions where the bail commissioner is a full-time salaried police officer, constable, sheriff, deputy sheriff, state police employee, or anyone else authorized to execute police powers, such person shall not receive the fee established in this section, but instead such amount shall be remitted to the town or city in which the district court is situated. If the defendant is indigent, the fee shall be waived.
Source.
1895, 37:5. 1905, 9:1. 1921, 83:1. PL 366:31. RL 425:31. 1949, 135:1. RSA 597:20. 1965, 195:1. 1969, 215:1. 1971, 112:1. 1981, 139:1. 1989, 150:1. 1995, 61:1, eff. July 1, 1995. 2001, 154:1, eff. Aug. 28, 2001. 2008, 117:1, eff. Aug. 2, 2008. 2019, 143:5, eff. June 25, 2019.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:21 - Bail on Sunday.

597:21 Bail on Sunday. –
Persons arrested on Sunday, or on the evening or afternoon preceding, may be admitted to bail on that day when in the opinion of the commissioner an application for that purpose appears to be proper.
Source.
1895, 37:6. PL 366:32. RL 425:32.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:22 - Recognizances After Arrest.

597:22 Recognizances After Arrest. –
Any police officer may detain any person who he deems to be a necessary witness to a crime; provided, however, within 24 hours, including Sundays and holidays, he shall be brought before a justice of the superior court who may, upon the showing that the testimony of said person is necessary in any court, release the person on personal recognizance or take the recognizance of the witness in such sum as the justice may deem reasonable for his appearance before the court.
Source.
RS 222:5. CS 237:5. GS 240:16. GL 258:16. PS 252:22. PL 366:33. RL 425:33. RSA 597:22. 1959, 159:1. 1965, 86:5. 1969, 78:7. 1975, 407:1, eff. Aug. 15, 1975.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:23 - Commitment in Default of Recognizance.

597:23 Commitment in Default of Recognizance. –
Whenever a witness, upon being ordered by a superior court justice to recognize, neglects or refuses to do so, the justice may issue a warrant and cause such witness to be committed to jail until he complies with the order.
Source.
RS 222:6. CS 237:6. GS 240:17. GL 258:17. PS 252:23. PL 366:34. RL 425:34. RSA 597:23. 1959, 159:2. 1965, 86:6. 1975, 407:2, eff. Aug. 15, 1975.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:24 - To the State; Sureties.

597:24 To the State;  Sureties. –
Recognizance shall be taken in the name of the state, and with sufficient sureties, unless, in proper cases, the recognizance of the party shall be deemed by the superior court to be sufficient.
Source.
RS 211:17. CS 224:17. GS 241:2. GL 259:2. PS 252:24. PL 366:35. RL 425:35.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:25 - Condition.

597:25 Condition. –
Recognizances may be taken with condition to attend the court or before the justice at the next term, from term to term, at a fixed day to which the case may be continued, or from day to day, there to wait and abide the order of the court, and not to depart without leave until discharged by order of court.
Source.
GS 241:3. GL 259:3. PS 252:25. PL 366:36. RL 425:36.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:26 - Variations.

597:26 Variations. –
Recognizances may be taken in any other form which the court, considering the circumstances of the case, may direct or allow.
Source.
GS 241:4. GL 259:4. PS 252:26. PL 366:37. RL 425:37. RSA 597:26. 1967, 132:38, eff. July 18, 1967.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:27 - Surrender, in Court.

597:27 Surrender, in Court. –
A surety for the appearance of a party or witness may be discharged by order of the superior court from further liability upon surrendering the party in open court, during the pendency of the original cause and before trial, on payment of the costs of any proceeding against them, and the principal shall be committed unless again recognized.
Source.
RS 201:6. CS 214:6. GS 241:6. GL 259:6. PS 252:27. PL 366:38. RL 425:38. RSA 597:27. 1969, 78:8, eff. June 3, 1969.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:28 - Surrender, to Jailer.

597:28 Surrender, to Jailer. –
Sureties may be discharged before forfeiture of the recognizance by committing the principal to the jail of the county, by leaving with the jailer a certified copy of the order to recognize and of the names of the bail, and a certificate of the bail thereon that they have committed the principal in discharge of their liability as bail, and by giving written notice thereof to the attorney general or county attorney.
Source.
RS 201:4. CS 214:4. GS 241:7. GL 259:7. PS 252:28. PL 366:39. RL 425:39. RSA 597:28. 1967, 132:39, eff. July 18, 1967.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:29 - Jailer's Authority; New Bail.

597:29 Jailer's Authority;  New Bail. –
The copies and certificates provided for in RSA 597:28 shall be sufficient authority for the keeper of the jail to detain the party committed until he shall be discharged by due order of law; and the accused may be again recognized with sureties, agreeably to the original order of the court requiring such recognizance.
Source.
GS 241:8. GL 259:8. PS 252:29. PL 366:40. RL 425:40. RSA 597:29. 1967, 132:40, eff. July 18, 1967.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:30 - Excusing Surrender.

597:30 Excusing Surrender. –
When the sureties in a recognizance, without their fault, are prevented from surrendering their principal by an act of God or of the government of the state or of the United States, or by sentence of law, the superior court, on petition and notice thereof to the county commissioners and state's counsel, may discharge them on such terms as may be deemed just.
Source.
GS 241:12. GL 259:12. PS 252:30. PL 366:41. RL 425:41.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:31 - Declaration of Forfeiture.

597:31 Declaration of Forfeiture. –
If any party recognized to appear makes default, the recognizance shall be declared forfeited, and the state may cause proceedings to be had immediately for the recovery of such forfeiture.
Source.
1865, 4077:3, 4. GS 241:9. GL 259:9. 1889, 27:1. PS 252:31. PL 366:42. RL 425:42. RSA 597:31. 1959, 12:1. 1988, 110:9. 1989, 386:9, eff. June 5, 1989.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:32 - Striking Off Default.

597:32 Striking Off Default. –
Any court, for good cause, may strike off a default upon a recognizance or order it to be struck off at a future day, upon a substantial compliance with the condition.
Source.
GS 241:10. GL 259:10. 1889, 27:2. PS 252:32. PL 366:43. RL 425:43.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:33 - Judgment.

597:33 Judgment. –
The superior court may render judgment for the whole amount of any forfeited recognizance and interest and costs, or for such part thereof as, after hearing counsel, the court may think proper, according to any special circumstances in evidence affecting the case or the party liable.
Source.
1865, 4075:2. GS 241:11. GL 259:11. PS 252:33. PL 366:44. RL 425:44. RSA 597:33. 1983, 383:61, eff. July 1, 1984.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:34 - Venue.

597:34 Venue. –
Actions upon recognizances may be brought and tried in the county or judicial district thereof in which they were taken, unless the court shall order the venue to be changed.
Source.
RS 211:17. CS 224:17. GS 241:14. GL 259:14. PS 252:34. PL 366:45. RL 425:45. RSA 597:34. 1992, 284:76, eff. July 1, 1992.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:35 - Defective Records, etc.

597:35 Defective Records, etc. –
No action on a recognizance shall be defeated, nor judgment thereon be arrested, for any omission to record a default at the proper term, nor for any defect in the form of recognizance or of the scire facias, but the court may order the record of process to be amended to conform to the facts, without costs.
Source.
GS 241:15. GL 259:15. PS 252:35. PL 366:46. RL 425:46.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:36 - Declaration.

597:36 Declaration. –
In actions brought upon recognizances taken in criminal prosecutions, it shall be sufficient to set forth in the writ the substance of the recognizance and the time and place at which the same was declared forfeited, without setting forth the complaint or indictment or any subsequent proceedings thereon.
Source.
1865, 4075:1. GS 241:17. GL 259:17. PS 252:36. PL 366:47. RL 425:47.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:37 - Bench Warrants.

597:37 Bench Warrants. –
Any court may issue a warrant for the arrest of a person under recognizance to appear before the court who fails to appear according to the condition thereof or of any person who, being party to a criminal proceeding, is, by escape or otherwise, improperly at large.
Source.
GS 241:16. GL 259:16. PS 252:37. PL 366:48. RL 425:48. RSA 597:37. 1967, 132:41, eff. July 18, 1967.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:38 - Forfeit of Recognizance.

597:38 Forfeit of Recognizance. –
If a recognizance is forfeited and paid in any case in which, if the recognizor had been convicted, any sum might have been due and payable to the complainant or to any other person, the superior court may ascertain the amount and may order it to be paid from the state treasury.
Source.
RS 211:16. CS 224:16. GS 245:3. GL 263:3. PS 261:3. PL 375:3. RL 435:3. RSA 597:38. 1983, 383:62, eff. July 1, 1984.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:38-a - Default Fees.

597:38-a Default Fees. –
I. Whenever a party recognized to appear for any offense defaults, the court may impose an administrative processing fee in the amount of $50 in addition to any other fine or penalty assessment.
II. The administrative processing fee provided for in paragraph I shall be retained by the court.
Source.
1991, 347:7, eff. July 1, 1991.