2016 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. –

[Paragraph I effective until January 1, 2016 and as provided by 2015, 249:17; see also paragraph I set out below.]

    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 or an affidavit issued pursuant to district court administrative order number 91-03 or any other district court administrative order which supercedes it 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.

[Paragraph I effective January 1, 2016 and as provided by 2015, 249:17; see also paragraph I set out above.]

    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 and as provided by 2015, 249:17.