I. Upon the appearance before the court or justice of a person charged with an offense, the court or justice shall issue an order that, pending arraignment or trial, the person be: (a) Released on his personal recognizance or upon execution of an unsecured appearance bond, pursuant to the provisions of paragraph II; (b) Released on a condition or combination of conditions pursuant to the provisions of paragraph III; or (c) Temporarily detained to permit revocation of conditional release pursuant to the provisions of paragraph V. I-a. Except as provided in RSA 597:1-d, a person charged with a probation violation shall be entitled to a bail hearing. The court shall issue an order that, pending a probation violation hearing, the person be: (a) Released on his or her personal recognizance or upon execution of an unsecured appearance bond, pursuant to the provisions of paragraph II; (b) Released on a condition or combination of conditions pursuant to the provisions of paragraph III; or (c) Detained. II. The court or justice shall order the prearraignment or pretrial release of the person on his or her personal recognizance, or upon execution of an unsecured appearance bond in an amount specified by the court, subject to the condition that the person not commit a crime during the period of his or her release, and subject to such further condition or combination of conditions that the court may require, unless the court determines that such release will not reasonably assure the appearance of the person as required or will endanger the safety of the person or of any other person or the community. The court may also consider as a factor in its determination under this paragraph or paragraph III that a person who is detained as a result of his or her inability to meet the required conditions or post the required bond is the parent and sole caretaker of a child and whether, as a result, such child would become the responsibility of the division of children, youth, and families. III. If the court or justice determines that the release described in paragraph II will not reasonably assure the appearance of the person as required or, as described in paragraph II or VI, will endanger the safety of the person or of any other person or the community, he shall issue an order that includes the following conditions: (a) The condition that the person not commit a crime during the period of release; and (b) Such further condition or combination of conditions that he determines will reasonably assure the appearance of the person as required and the safety of the person or of any other person or the community, which may include the condition that the person: (1) Execute an agreement to forfeit, upon failing to appear as required, such designated property, including money, as is reasonably necessary to assure the appearance of the person as required, and post with the court such indicia of ownership of the property or such percentage of the money as the court or justice may specify; (2) Furnish bail for his appearance by recognizance with sufficient sureties or by deposit of moneys equal to the amount of the bail required as the court or justice may direct; and (3) Satisfy any other condition that is reasonably necessary to assure the appearance of the person as required and to assure the safety of the person or of any other person or the community. In considering the conditions of release described in subparagraph III(b)(1) or III(b)(2), the court may upon its own motion, or shall upon the motion of the state, conduct an inquiry into the source of the property to be designated for potential forfeiture or offered as collateral to secure a bond, and shall decline to accept the designation, or the use as collateral, of property that because of its source will not reasonably assure the appearance of the person as required. III-a. If a person is charged with any of the offenses listed in RSA 173-B:1, I or with violation of a protective order issued under RSA 458:16, III or RSA 173-B, the court or justice may order preventive detention without bail, or, in the alternative, restrictive conditions including but not limited to electronic monitoring and supervision, if there is clear and convincing evidence that the person poses a danger to another. The court or justice may consider, but shall not be limited to considering, any of the following conduct as evidence of posing a danger: (a) Threats of suicide. (b) Acute depression. (c) History of violating protective orders. (d) Possessing or attempting to possess a deadly weapon in violation of an order. (e) Death threats or threats of possessiveness toward another. (f) Stalking, as defined in RSA 633:3-a. (g) Cruelty to or violence directed toward pets. III-b. A no-contact provision contained in any bail order shall not be construed to: (a) Prevent counsel for the defendant to have contact with counsel for any of the individuals protected by such provision; or (b) Prevent the parties, if the defendant and one of the protected individuals are parties in a domestic violence or marital matter, from attending court hearings scheduled in such matters or exchanging copies of legal pleadings filed in court in such matters. IV. In a release order issued pursuant to the provisions of this section, the court or justice shall include a written statement that sets forth: (a) All of the conditions to which the release is subject, in a manner sufficiently clear and specific to serve as a guide for the person's conduct; and (b) The provisions of RSA 641:5, relative to intimidation of witnesses and informants. V. A person charged with an offense who is, and was at the time the offense was committed, on (a) Release pending trial for a felony or misdemeanor under federal or state law; (b) Release pending imposition or execution of sentence, appeal of sentence or conviction, or completion of sentence, for any offense under federal or state law; or (c) Probation or parole for any offense under federal or state law, except as provided in RSA 597:1-d, III may be detained for a period of not more than 72 hours from the time of his arrest, excluding Saturdays, Sundays and holidays. The law enforcement agency making the arrest shall notify the appropriate court, probation or parole official, or federal, state or local law enforcement official. Upon such notice the court shall also direct the clerk to notify by telephone the division of field services, department of corrections, of the pending bail hearing. If the official fails or declines to take the person into custody during that period, the person shall be treated in accordance with the provisions of law governing release pending trial. Probationers and parolees who are arrested and fail to advise their supervisory probation officer or parole officer in accordance with the conditions of probations and parole may be subject to arrest and detention as probation and parole violators. VI. Notwithstanding any law to the contrary, upon the appearance of a person charged with a class B misdemeanor, the court or justice shall issue an order that, pending arraignment, the person be released on his personal recognizance, unless the court determines that such release will endanger the safety of the person or of any other person or the community. The court shall appoint an attorney to represent any indigent person charged with a class B misdemeanor denied release for the purpose of representing such person at any detention hearing.
I. Upon the appearance before the court or justice of a person charged with an offense, the court or justice shall issue an order that, pending arraignment or trial, the person be: (a) Released on his personal recognizance or upon execution of an unsecured appearance bond, pursuant to the provisions of paragraph II; (b) Released on a condition or combination of conditions pursuant to the provisions of paragraph III; or (c) Temporarily detained to permit revocation of conditional release pursuant to the provisions of paragraph V. I-a. Except as provided in RSA 597:1-d, a person charged with a probation violation shall be entitled to a bail hearing. The court shall issue an order that, pending a probation violation hearing, the person be: (a) Released on his or her personal recognizance or upon execution of an unsecured appearance bond, pursuant to the provisions of paragraph II; (b) Released on a condition or combination of conditions pursuant to the provisions of paragraph III; or (c) Detained. II. The court or justice shall order the prearraignment or pretrial release of the person on his or her personal recognizance, or upon execution of an unsecured appearance bond in an amount specified by the court, subject to the condition that the person not commit a crime during the period of his or her release, and subject to such further condition or combination of conditions that the court may require, unless the court determines that such release will not reasonably assure the appearance of the person as required or will endanger the safety of the person or of any other person or the community. The court may also consider as a factor in its determination under this paragraph or paragraph III that a person who is detained as a result of his or her inability to meet the required conditions or post the required bond is the parent and sole caretaker of a child and whether, as a result, such child would become the responsibility of the division of children, youth, and families. III. If the court or justice determines that the release described in paragraph II will not reasonably assure the appearance of the person as required or, as described in paragraph II or VI, will endanger the safety of the person or of any other person or the community, he shall issue an order that includes the following conditions: (a) The condition that the person not commit a crime during the period of release; and (b) Such further condition or combination of conditions that he determines will reasonably assure the appearance of the person as required and the safety of the person or of any other person or the community, which may include the condition that the person: (1) Execute an agreement to forfeit, upon failing to appear as required, such designated property, including money, as is reasonably necessary to assure the appearance of the person as required, and post with the court such indicia of ownership of the property or such percentage of the money as the court or justice may specify; (2) Furnish bail for his appearance by recognizance with sufficient sureties or by deposit of moneys equal to the amount of the bail required as the court or justice may direct; and (3) Satisfy any other condition that is reasonably necessary to assure the appearance of the person as required and to assure the safety of the person or of any other person or the community. In considering the conditions of release described in subparagraph III(b)(1) or III(b)(2), the court may upon its own motion, or shall upon the motion of the state, conduct an inquiry into the source of the property to be designated for potential forfeiture or offered as collateral to secure a bond, and shall decline to accept the designation, or the use as collateral, of property that because of its source will not reasonably assure the appearance of the person as required. III-a. If a person is charged with any of the offenses listed in RSA 173-B:1, I or with violation of a protective order issued under RSA 458:16, III or RSA 173-B, the court or justice may order preventive detention without bail, or, in the alternative, restrictive conditions including but not limited to electronic monitoring and supervision, if there is clear and convincing evidence that the person poses a danger to another. The court or justice may consider, but shall not be limited to considering, any of the following conduct as evidence of posing a danger: (a) Threats of suicide. (b) Acute depression. (c) History of violating protective orders. (d) Possessing or attempting to possess a deadly weapon in violation of an order. (e) Death threats or threats of possessiveness toward another. (f) Stalking, as defined in RSA 633:3-a. (g) Cruelty to or violence directed toward pets. III-b. A no-contact provision contained in any bail order shall not be construed to: (a) Prevent counsel for the defendant to have contact with counsel for any of the individuals protected by such provision; or (b) Prevent the parties, if the defendant and one of the protected individuals are parties in a domestic violence or marital matter, from attending court hearings scheduled in such matters or exchanging copies of legal pleadings filed in court in such matters. IV. In a release order issued pursuant to the provisions of this section, the court or justice shall include a written statement that sets forth: (a) All of the conditions to which the release is subject, in a manner sufficiently clear and specific to serve as a guide for the person's conduct; and (b) The provisions of RSA 641:5, relative to intimidation of witnesses and informants. V. A person charged with an offense who is, and was at the time the offense was committed, on (a) Release pending trial for a felony or misdemeanor under federal or state law; (b) Release pending imposition or execution of sentence, appeal of sentence or conviction, or completion of sentence, for any offense under federal or state law; or (c) Probation or parole for any offense under federal or state law, except as provided in RSA 597:1-d, III may be detained for a period of not more than 72 hours from the time of his arrest, excluding Saturdays, Sundays and holidays. The law enforcement agency making the arrest shall notify the appropriate court, probation or parole official, or federal, state or local law enforcement official. Upon such notice the court shall also direct the clerk to notify by telephone the division of field services, department of corrections, of the pending bail hearing. If the official fails or declines to take the person into custody during that period, the person shall be treated in accordance with the provisions of law governing release pending trial. Probationers and parolees who are arrested and fail to advise their supervisory probation officer or parole officer in accordance with the conditions of probations and parole may be subject to arrest and detention as probation and parole violators. VI. Notwithstanding any law to the contrary, upon the appearance of a person charged with a class B misdemeanor, the court or justice shall issue an order that, pending arraignment, the person be released on his personal recognizance, unless the court determines that such release will endanger the safety of the person or of any other person or the community. The court shall appoint an attorney to represent any indigent person charged with a class B misdemeanor denied release for the purpose of representing such person at any detention hearing.
I. Upon the appearance before the court or justice of a person charged with an offense, the court or justice shall issue an order that, pending arraignment or trial, the person be: (a) Released on his personal recognizance or upon execution of an unsecured appearance bond, pursuant to the provisions of paragraph II; (b) Released on a condition or combination of conditions pursuant to the provisions of paragraph III; or (c) Temporarily detained to permit revocation of conditional release pursuant to the provisions of paragraph V. I-a. Except as provided in RSA 597:1-d, a person charged with a probation violation shall be entitled to a bail hearing. The court shall issue an order that, pending a probation violation hearing, the person be: (a) Released on his or her personal recognizance or upon execution of an unsecured appearance bond, pursuant to the provisions of paragraph II; (b) Released on a condition or combination of conditions pursuant to the provisions of paragraph III; or (c) Detained. II. The court or justice shall order the prearraignment or pretrial release of the person on his or her personal recognizance, or upon execution of an unsecured appearance bond in an amount specified by the court, subject to the condition that the person not commit a crime during the period of his or her release, and subject to such further condition or combination of conditions that the court may require, unless the court determines that such release will not reasonably assure the appearance of the person as required or will endanger the safety of the person or of any other person or the community. The court may also consider as a factor in its determination under this paragraph or paragraph III that a person who is detained as a result of his or her inability to meet the required conditions or post the required bond is the parent and sole caretaker of a child and whether, as a result, such child would become the responsibility of the division of children, youth, and families. III. If the court or justice determines that the release described in paragraph II will not reasonably assure the appearance of the person as required or, as described in paragraph II or VI, will endanger the safety of the person or of any other person or the community, he shall issue an order that includes the following conditions: (a) The condition that the person not commit a crime during the period of release; and (b) Such further condition or combination of conditions that he determines will reasonably assure the appearance of the person as required and the safety of the person or of any other person or the community, which may include the condition that the person: (1) Execute an agreement to forfeit, upon failing to appear as required, such designated property, including money, as is reasonably necessary to assure the appearance of the person as required, and post with the court such indicia of ownership of the property or such percentage of the money as the court or justice may specify; (2) Furnish bail for his appearance by recognizance with sufficient sureties or by deposit of moneys equal to the amount of the bail required as the court or justice may direct; and (3) Satisfy any other condition that is reasonably necessary to assure the appearance of the person as required and to assure the safety of the person or of any other person or the community. In considering the conditions of release described in subparagraph III(b)(1) or III(b)(2), the court may upon its own motion, or shall upon the motion of the state, conduct an inquiry into the source of the property to be designated for potential forfeiture or offered as collateral to secure a bond, and shall decline to accept the designation, or the use as collateral, of property that because of its source will not reasonably assure the appearance of the person as required. III-a. If a person is charged with any of the offenses listed in RSA 173-B:1, I or with violation of a protective order issued under RSA 458:16, III or RSA 173-B, the court or justice may order preventive detention without bail, or, in the alternative, restrictive conditions including but not limited to electronic monitoring and supervision, if there is clear and convincing evidence that the person poses a danger to another. The court or justice may consider, but shall not be limited to considering, any of the following conduct as evidence of posing a danger: (a) Threats of suicide. (b) Acute depression. (c) History of violating protective orders. (d) Possessing or attempting to possess a deadly weapon in violation of an order. (e) Death threats or threats of possessiveness toward another. (f) Stalking, as defined in RSA 633:3-a. (g) Cruelty to or violence directed toward pets. III-b. A no-contact provision contained in any bail order shall not be construed to: (a) Prevent counsel for the defendant to have contact with counsel for any of the individuals protected by such provision; or (b) Prevent the parties, if the defendant and one of the protected individuals are parties in a domestic violence or marital matter, from attending court hearings scheduled in such matters or exchanging copies of legal pleadings filed in court in such matters. IV. In a release order issued pursuant to the provisions of this section, the court or justice shall include a written statement that sets forth: (a) All of the conditions to which the release is subject, in a manner sufficiently clear and specific to serve as a guide for the person's conduct; and (b) The provisions of RSA 641:5, relative to intimidation of witnesses and informants. V. A person charged with an offense who is, and was at the time the offense was committed, on (a) Release pending trial for a felony or misdemeanor under federal or state law; (b) Release pending imposition or execution of sentence, appeal of sentence or conviction, or completion of sentence, for any offense under federal or state law; or (c) Probation or parole for any offense under federal or state law, except as provided in RSA 597:1-d, III may be detained for a period of not more than 72 hours from the time of his arrest, excluding Saturdays, Sundays and holidays. The law enforcement agency making the arrest shall notify the appropriate court, probation or parole official, or federal, state or local law enforcement official. Upon such notice the court shall also direct the clerk to notify by telephone the division of field services, department of corrections, of the pending bail hearing. If the official fails or declines to take the person into custody during that period, the person shall be treated in accordance with the provisions of law governing release pending trial. Probationers and parolees who are arrested and fail to advise their supervisory probation officer or parole officer in accordance with the conditions of probations and parole may be subject to arrest and detention as probation and parole violators. VI. Notwithstanding any law to the contrary, upon the appearance of a person charged with a class B misdemeanor, the court or justice shall issue an order that, pending arraignment, the person be released on his personal recognizance, unless the court determines that such release will endanger the safety of the person or of any other person or the community. The court shall appoint an attorney to represent any indigent person charged with a class B misdemeanor denied release for the purpose of representing such person at any detention hearing.
