TITLE LIX
PROCEEDINGS IN CRIMINAL CASES

CHAPTER 597
BAIL AND RECOGNIZANCES

General Provisions

Section 597:6-e

    597:6-e Review and Appeal of Release or Detention Order. –
I. If a person is ordered released by a bail commissioner, the person, or the state, shall be entitled to a hearing, if requested, on the conditions of bail before a justice within 48 hours, Sundays and holidays excepted.

[Paragraph II effective until January 1, 2027; see also paragraph II set out below.]


II. Subject to RSA 597:2, XIV the person or the state may file with the superior court a motion for revocation of the order or amendment of the conditions of release set by a municipal or district court, by a justice, or by a bail commissioner. The motion shall be determined promptly. However, no action shall be taken on any such motion until the moving party has provided to the superior court certified copies of the complaint, affidavit, warrant, bail slip, and any other court orders relative to each charge for which a release or detention order was issued by a justice, or a bail commissioner. In cases where a district court justice has made a finding, pursuant to RSA 597:2, IV that the person poses a danger to another, the superior court shall, after notification to both parties, the police department that brought the charges in district court, and the victim, conduct a hearing and make written findings supporting any modifications and reasons for new conditions or changes from the district court order. The reviewing court shall take into consideration the district court's written findings, orders, pleadings, or transcript when making a modification.

[Paragraph II effective January 1, 2027; see also paragraph II set out above.]


II. Subject to RSA 597:2, XIV the person or the state may file with the superior court a motion for revocation of the order or amendment of the conditions of release set by a municipal or district court, by a justice, or by a bail commissioner. The motion shall be determined promptly. In domestic violence, stalking, and harassment cases, whether the motion is filed by the state or the defense, the hearing on the motion shall be scheduled within 72 hours, excluding weekends and state or federal holidays. The hearing does not have to be held within 72 hours of the filing of the motion, but it shall be scheduled within 72 hours, excluding weekends and state or federal holidays. However, no action shall be taken on any such motion until the moving party has provided to the superior court certified copies of the complaint, affidavit, warrant, bail slip, and any other court orders relative to each charge for which a release or detention order was issued by a justice, or a bail commissioner. In cases where a district court justice has made a finding, pursuant to RSA 597:2, IV that the person poses a danger to another, the superior court shall, after notification to both parties, the police department that brought the charges in district court, and the victim, conduct a hearing and make written findings supporting any modifications and reasons for new conditions or changes from the district court order. The reviewing court shall take into consideration the district court's written findings, orders, pleadings, or transcript when making a modification.
III. The person, or the state pursuant to RSA 606:10, V, may appeal to the supreme court from a court's release or detention order, or from a decision denying revocation or amendment of such an order. The appeal shall be determined promptly.

Source. 1988, 110:5. 1989, 386:6. 1999, 229:2. 2000, 51:1, eff. Jan. 1, 2001. 2018, 366:3, eff. Aug. 31, 2018. 2024, 317:4, eff. Jan. 1, 2025. 2025, 3:4, eff. Sept. 21, 2025. 2026, 237:1, eff. Jan. 1, 2027.