New Hampshire Revised Statutes 597:1-d – Probationees and Parolees
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I. If there is a judicial finding of probable cause to believe that a person has committed a violation of RSA 630, RSA 631, N.H. Rev. Stat. § 632-A:2-4 or N.H. Rev. Stat. § 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 N.H. Rev. Stat. § 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 N.H. Rev. Stat. § 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 N.H. Rev. Stat. § 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.
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 N.H. Rev. Stat. § 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.
Terms Used In New Hampshire Revised Statutes 597:1-d
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- Arrest: Taking physical custody of a person by lawful authority.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- United States: shall include said district and territories. See New Hampshire Revised Statutes 21:4
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.