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Yahoo
25-03-2025
- Politics
- Yahoo
Ayotte signs bail reform law, insists new system won't cost more
Mar. 25—Gov. Kelly Ayotte said she expects the landmark bail reform law she signed Tuesday to be a permanent fix to close what she has called a "revolving door" of criminals being allowed back out on the street to reoffend. Ayotte pushed back on the claims of judicial administrators that the changes contained in HB 592 will end up costing taxpayers as more people are confined awaiting trial. "We have been literally extraditing people who have left the state. They are brought back and then immediately let out. Do you know how expensive that is?" Ayotte said at Tuesday's signing ceremony. "I would argue that getting the system right is going to make financial sense. I'll also add that if we keep a rapist off the street or a murderer from getting back out then it's well worth it." A roomful of law enforcement officers, elected officials and prosecutors were on hand in the Executive Council chambers to watch Ayotte officially complete enactment of one of her priority issues. "This is one of the broadest coalitions of law enforcement that I have ever worked on," Ayotte said. The final bill lowers the legal threshhold for judges to determine an accused offender should be held without bail pending trial. It creates presumptive detainment for anyone arrested for a violent crime if they previously committed a felony or serious misdemeanor while out on bail or failed to appear in court or violated a condition of bail. It also closes a loophole to allow someone to be held for up to 36 hours before a bail hearing, up from the current 24. The current law resulted in some suspects being released because courts couldn't schedule a bail hearing on short notice over a weekend or holiday period. Ayotte singled out Manchester Mayor Jay Ruais for organizing the support of nine of the state's 13 mayors to support the change. The mayoral coalition included Republicans and Democrats. "Our previous bail system was seriously flawed, putting our citizens, businesses, visitors and law enforcement in danger," Ruais said. "Repeat and violent offenders gaining pretrial release on our streets has been a serious issue for every municipality across our state, and today, thanks to Governor Ayotte's leadership, we're hitting the reset button." ACLU-NH: It's 'anti-liberty' Since the Legislature approved a sweeping bail reform law in 2018, Rep. Ross Berry, R-Weare, said he'd been working for this change. "Democrats said their 2018 bail reform was great. It wasn't — violent criminals got released over and over again, endangering Granite Staters," Berry said. Devon Chaffee, executive director of the American Civil Liberties Union-New Hampshire, said violent crime has declined since the 2018 legislation. "Make no mistake: This bill is anti-liberty, anti-due process, and will result in thousands of non-dangerous Granite Staters being jailed — all at high taxpayer expense and despite being presumed innocent in the eyes of the law," Chaffee said. "HB 592 will not make the Granite State safer. It is deeply disturbing that politicians on both sides of the aisle are willing to cast aside the civil liberties of their constituents and overlook the actual facts in an attempt to score political points." The bill Ayotte signed won't take effect for six months, but the governor said it should be a "pretty easy implementation." "We are really going back to what was the standard in the past before 2018," Ayotte said. "It is a pretty straightforward piece of legislation and puts us in a good place." Immigration policy Ayotte used the occasion to lobby for support of legislation that would ban sanctuary city policies. During her campaign, Ayotte urged voters not to "Mass up" New Hampshire, pointing out that the Bay State has spent more than $1 billion in the past year on housing and other benefits for undocumented migrants who are not here legally. "We need to work cooperatively with immigration services," Ayotte said. The House of Representatives initially approved its bill (HB 511) on a vote of 351-6 and the House Finance Committee is expected to make its recommendation on it next week. The state Senate approved its own anti-sanctuary city policy bill (SB 71) on a partisan vote of 16-8, with all Senate Democrats voting against it. klandrigan@
Boston Globe
25-03-2025
- Politics
- Boston Globe
Governor Ayotte signs bill tightening New Hampshire bail law
She thanked those in attendance who helped push the bill forward, including the attorney general and Manchester Mayor Jay Ruais, who has been a vocal advocate of bail reform Get N.H. Morning Report A weekday newsletter delivering the N.H. news you need to know right to your inbox. Enter Email Sign Up In Ayotte's short time in the corner office, she's emphasized 'I've heard so much about the issues we've had with bail creating a revolving door that is putting our law enforcement in danger, that is putting average citizens… in danger,' she said, during a press event in March, when Her hands-on approach successfully put the bill on a fast track, landing on her desk months ahead of the deadline to do so. Earlier in March, Ayotte touted bipartisan support for the measure from Shepherding this bill into law illustrates how, as a new governor, Ayotte isn't shy about pushing lawmakers to advance her priorities. And at least in this case, with strong Republican majorities in both chambers, they were happy to oblige. The bill also enjoyed Advertisement But some civil liberties advocates have warned about the harm the new law could cause. People accused of low-level crimes could lose their jobs and custody of their children while awaiting a trial that could prove them innocent, and taxpayers ultimately have to foot the bill for detaining these individuals. Then, there are concerns about freedom, justice, and due process. Attorneys at the ACLU of New Hampshire have said it was already possible to detain dangerous individuals and they point to lowering crime rates in the state. Plus, they said, tightening the bail law raises concerns about due process. 'Police are not a judge and jury, and they should not have the power to take away someone's freedom. That power is left to a judge's discretion,' said Amanda P. Azad, the organization's policy director, in a statement. The current debate about bail stems from a change to the state's law in 2018, when New Hampshire passed reforms that made it harder to detain people who couldn't afford to pay bail. Now commonly referred to as bail reform, these changes also allowed any person deemed a danger to the community to be detained before trial, regardless what kind of crime they had been accused of. Lawmakers have been tinkering with those laws in the years since, passing additional reforms as recently as It eliminates a magistrate system that was Advertisement While the law used to provide a 24-hour window for an individual to appear in court for a bail determination, HB 592 extends that to 36 hours. It also lowers the standard required to detain someone from 'clear and convincing evidence' to probable cause. The updated law maintains a provision that the court should not to impose a financial condition that would result in incarceration just because someone can't afford their freedom, although it allows cash bail if there is 'no reasonable alternative' to ensure the person will not commit a new crime, violate bail, or fail to appear in court. Here too, it lowers the standard for making this determination from clear and convincing evidence to probable cause. And it allows people to be detained if there's probable cause they have broken certain rules while out on bail — such as committing a felony or class A misdemeanor, failing to appear for court, or violating a condition of their bail. The new law takes effect 180 days from its signing, on Sept. 21. Amanda Gokee can be reached at
Yahoo
20-03-2025
- Politics
- Yahoo
Senate unanimously passes bail reform rollback bill, sending it to Ayotte's desk
The New Hampshire Senate holds session March 20, 2025. (Photo by Ethan DeWitt/New Hampshire Bulletin) The New Hampshire Senate unanimously passed a bill to roll back portions of the state's 2018 bail reform law Thursday, sending the measure to Gov. Kelly Ayotte, who has championed the bill and is expected to sign it. House Bill 592 passed the Senate, 24-0. The bill requires that people charged with a list of serious offenses be held behind bars until they can be arraigned by a court, eliminating the opportunity to be released by bail commissioners. The bill also repeals the newly created magistrate system, in which three attorneys trained and appointed by the judicial branch were allowed to set bail in cases where judges are not available. And the bill changes the standard by which people charged with serious offenses can be denied bail. The current standard requires that there be 'clear and convincing evidence' that a person is a danger to themselves or to others; the new standard requires only that there be probable cause that the person poses that danger. The new standard also makes it a rebuttable presumption that a defendant who has failed to appear or violated bail on past charges will do so again, making it easier to hold those defendants without bail too. New Hampshire's 2018 bail reform law was intended to reduce the number of people held ahead of their trial solely because they cannot afford bail. But police departments and Republican politicians have criticized it, arguing it has tied the hands of judges and bail commissioners, and allowed people to more easily be released and reoffend. Ayotte, who campaigned in part on a promise to crack down on crime, has criticized the 2018 law, as well as a 2024 'compromise law' that created the magistrate system. On Thursday she praised the passage of HB 592. 'I am grateful that the Senate voted today to end the failed experiment of bail reform in our state,' Ayotte said. '… I look forward to signing this into law to shut the revolving door for criminals once and for all.' Senate Republicans said the rollback was necessary to stop defendants from taking advantage of the bail reform law. 'This change in 2018 inadvertently created a catch-and-release program in our state, which has resulted in repeat and violent offenders going on to commit violent acts while out on bail,' said Sen. Victoria Sullivan, a Manchester Republican. 'No person should be held simply because they are too impoverished to pay their bail. All people are innocent until proven guilty. However, there is a clear pattern of systemic abuse of this bail reform law, which is endangering our citizenry.' Senate Democrats supported the bill alongside Senate Republicans Thursday, in contrast to House Democrats, who largely voted against the bill earlier this month. Democrats and civil rights groups including the American Civil Liberties Union of New Hampshire argued that the bail laws have worked — pointing to the falling violent crime rate in the state and drop in incarceration — and said tightening the bail laws could mean people who are innocent could lose their jobs if held behind bars ahead of their trial. But Sen. Debra Altschiller, a Stratham Democrat, said while she and other Democrats supported the bill for tightening the bail restrictions, she had concerns about the impact of rolling back magistrates. 'While we Democrats would have preferred a compromise that provided more time to develop and support the magistrate system, it is clear that there was never any appetite for that,' she said. 'We know that this bill puts a larger pressure back onto the courts and our county jails with no funding attached.'
Yahoo
13-03-2025
- Politics
- Yahoo
House passes bail reform rollback bill, in major victory for Ayotte
The amended version of the bill would eliminate the newly created magistrate system and lower the standards that must be met for people who are arrested for serious offenses to be held behind bars. (Getty Images) The New Hampshire House passed a bill to roll back large portions of the 2018 bail reform bill signed by then-Gov. Chris Sununu, in a victory on a key issue for Gov. Kelly Ayotte. House Bill 592 passed 204-175. The amended version of the bill would eliminate the newly created magistrate system and lower the standards that must be met for people who are arrested for serious offenses to be held behind bars. The bill will head next to the House Finance Committee; it will need to pass the whole House again before being sent to the Senate. The bill pares back much of what was passed in 2018, when civil rights advocates argued New Hampshire's laws kept too many people in jail ahead of their trials solely because they could not afford bail. The 2018 law required that judges find there be 'clear and convincing' evidence that a person is a danger to themselves or others in order for them to be held without bail. Since 2018, police departments in the state have raised concerns that the new laws tie the hands of courts and prosecutors and have resulted in people reoffending after being released on bail. Supporters of the bail reform law, meanwhile, note that the violent crime rate has dropped in New Hampshire since the law passed, and said the law provides important protections for the accused. Ayotte made crime a key part of her gubernatorial campaign, and argued as a candidate that the 2018 law should be largely repealed. Ahead of Thursday's vote, the governor held a press conference urging lawmakers to pass the bill, flanked by dozens of local police chiefs and officers. HB 592 would lower the standard for when a court could deny bail to someone who is accused of one of 12 serious offenses, ranging from homicide to kidnapping to possession of child sexual abuse imagery. Under the bill, a court would need to determine whether there is 'probable cause' that the arrested person is a danger to themselves or whether they are not likely to appear at future court hearings — a lower standard than the 'clear and convincing' evidentiary standard currently in law. Sununu signed a compromise bill last year that was intended to be the final fix to the bail law. But Rep Terry Roy, a Deerfield Republican and the chairman of the House Criminal Justice Committee, said the bill passed Thursday was more reflective of Republican priorities. 'The bill last year was a good bill,' Roy said. 'It wasn't a Republican bill because we didn't have a (strong) Republican majority, so we compromised, and we came up with a good bill. We don't have to compromise. It is now a Republican majority, and we're going to pass a Republican bail bill. We don't need to be ashamed of that.' Rep. Buzz Scherr, a Portsmouth Democrat and University of New Hampshire law professor who helped draft the 2024 compromise bill, argued the current laws do not need a revision. 'It is working,' Scherr said of the bail laws. 'The Legislature has done an excellent job at slowly and carefully adjusting bail reform issues when they come up, and it's been done on a bipartisan basis. Let's continue with that.'
Boston Globe
13-03-2025
- Politics
- Boston Globe
Ayotte takes aim at N.H. bail law
'I think if you look around this room, you can see how important of an issue this is, and how important it is that we fix this bail law to make sure that New Hampshire remains safe,' she said. Advertisement Ayotte also touted bipartisan support from Get N.H. Morning Report A weekday newsletter delivering the N.H. news you need to know right to your inbox. Enter Email Sign Up 'This is not a partisan issue,' she said. 'This is an issue of public safety.' The stakes of the debate are high on both sides. Ayotte and her supporters on this issue argue the current laws allow too many dangerous repeat-offenders out on bail. They point to anecdotes of people released on bail who have gone on to commit other violent crimes. 'This is actually an issue that haunts me,' said Representative Ross Berry, a Weare Republican and the prime sponsor of HB 592. He said one of his previous constituents in Manchester was Manchester Mayor Jay Ruais said that But proponents of the current law say Advertisement The debate stems from changes to New Hampshire law that began in 2018, when the state passed legislation now commonly referred to as bail reform. It limited the ability to incarcerate people who couldn't afford to pay bail, while allowing any person deemed a danger to the community to be detained ahead of trial, regardless of what kind of crime they were accused of committing. But Ayotte argues this has created a revolving door allowing violent criminals to get out of jail on bail, endangering the public and making the job of law enforcement more difficult. She proposes to detain those who have committed a felony or class A misdemeanor while on bail, failed to appear for court, or violated a condition of their bail. In the case of the most serious crimes, a judge would make the decision about releasing someone on bail, and they would have the ability to hold hearings and consider evidence. Ayotte also wants to lower the standard of proof for detention. She said the current standard of 'clear and convincing evidence' is too high, and it should be lowered to probable cause, or trustworthy information that a reasonable person would believe. The ACLU of New Hampshire has criticized Ayotte's efforts to change the state's bail laws. 'Police are not a judge and jury, and they should not have the power to take away someone's freedom. That power is left to a judge's discretion,' said Amanda P. Azad, the organization's policy director, in a 'From the perspective of freedom, justice, and due process, we are extremely alarmed by Governor Ayotte's inaccurate and misleading statements on bail reform and her expressed desire to take away the freedom of thousands of Granite Staters who are presumed innocent in the eyes of the law,' she said. Advertisement The organization pointed to one extreme case in 2016 where Ayotte insisted that her proposal will retain elements of the 2018 reforms to ensure someone is not detained only for financial reasons. And, she said, a judge would have to make a separate finding that an individual is dangerous. 'We're protecting the rights of the accused in this bill, as well, but we cannot forgo the rights of the victims and the rights of the public to make sure that they can be safe in the state,' she said. Amanda Gokee can be reached at
