Bail reform compromise reached
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May 19—CONCORD — A delicate compromise over bail reform — combining the Senate's get tough approach toward accused, violent offenders with the House's focus on holding less serious, repeat offenders — limped across a negotiating finish line Thursday.
Legislative leaders decided to stop the clock and allow talks to extend beyond a 3 p.m. deadline to reach consensus on the priority measure for law enforcement.
Both Senate Majority Leader Jeb Bradley, R-Wolfeboro, and House Criminal Justice and Public Safety Committee Chairman Daryl Abbas, R-Salem, said this will require salesmanship to become a reality, especially in the House when the hybrid bill (HB 1476) goes before both bodies for an up or down vote next Thursday.
"Given the uptick in crime around the country, this kind of common sense measure is really important to protect people in their homes, schools and community," Bradley said.
The House on two occasions has killed bills with the Senate requirement that those arrested a first time for one of 12 violent crimes against adults or children must be held for up to 24 hours and have to see a judge, who makes any decision on bail.
"The focus should be on violent offenders. Give us a shot at this," Bradley said to House negotiators at one point. "The advocates will work incredibly hard (to pass this), they promised me that."
For several days of talks, the two sides wouldn't bend to the other's version.
Then on Thursday morning, Rep. Ross Berry, R-Manchester, had legislative drafters work up a compromise merging the two bills.
"I would be amenable to combining the two," Berry said earlier Thursday.
"The House position is the base; I have to go back to the House and get the votes. If it is interpreted as coming from the Senate position, it is dead."
Manchester police pressed for bail requirement
Manchester Assistant Police Chief Steve Mangone praised lawmakers for sticking with it to try and erase cases of violent offenders in the city getting released without seeing a judge.
Law enforcement leaders said a 2018 bail reform law too easily allowed these offenders to get a bail commissioner's approval to get them back out on the street.
"Several defendants committing serious crimes are being let out without seeing a judge," Mangone said. "We want them to see a judge."
Asked about the impact of those previous bail reform laws, Mangone said they have "made the situation worse."
A recent example Manchester police cited was the case of Jessica Laferriere, 31, of Manchester, who was released on personal recognizance bail after being charged with causing multiple injuries to a 3-year-old girl.
Gov. Chris Sununu hasn't weighed in at every turn on this issue, but has urged lawmakers to update the state's bail reform laws.
The mayors of Manchester and Nashua joined with law enforcement to pursue this change.
A unique coalition of liberal and conservative organizations mounted a fierce effort to try and stop this bill in its tracks last spring.
The liberal Black Lives Matter, American Civil Liberties Union of New Hampshire and American Friends Services Committee all joined with the right-leaning Americans for Prosperity and New Hampshire Liberty Alliance to oppose any change to bail reform.
Lawyers for the ACLU-N.H. said Thursday parts of it were unconstitutional and that violent crime in the state had gone down in response to earlier bail reform changes.
"It is unconscionable that lawmakers would pass a law to presume guilt over innocence and needlessly incarcerate thousands of Granite Staters," said ACLU Policy Director Frank Knaack.
"To make matters worse, because New Hampshire's criminal laws are enforced with a staggering racial bias, this legislation would expand the already disproportionate incarceration of Black people in New Hampshire."
The House part of the compromise would require those already out on bail and then re-arrested for lesser felonies or for a third offense of Class B misdemeanors shall be detained until they see a judge about bail.
In one of the final concessions, the compromise stripped out a ban on these repeat offenders getting let out on personal recognizance or no cash bail.
Senate Legal Counsel Richard Lehmann said such a ban could be challenged as discriminating against destitute offenders and not survive a legal challenge.
Berry, prime author of the original bill, said he's optimistic the House will embrace this agreement.
"Now we get to the heavy lifting, but I think we can make the case," Berry added.
