2006 New Hampshire Statutes - Section 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. The court shall order that a person who has been found guilty of a felony and sentenced to a term of imprisonment and who has filed an appeal be detained, unless the person establishes and the court finds:
       (a) 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 released pursuant to RSA 597:2. The court shall consider, but not be limited to the following criteria in determining whether bail is proper under the circumstances:
          (1) Whether the person is likely to pose a danger to himself or to any other person or the community, intimidate witnesses, or otherwise interfere with the administration of justice.
          (2) Whether there is a substantial risk that the person will not appear to answer the judgment following the conclusion of the appellate proceeding.
          (3) The nature of the crime charged.
          (4) The length of the sentence imposed.
       (b) By a preponderance of the evidence that the appeal is not frivolous or taken merely for delay.
If the court makes such findings, it 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.