New Hampshire Revised Statutes 597:2-b – Determination of Indigence and Payment of Bail Commissioner Fee
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I. The arresting officer, at the point of arrest, shall inform the offender of the availability of the services of the bail commissioner. If the offender elects to utilize the bail commissioner’s services and is not indigent, the offender shall pay the bail commissioner’s fee directly to the bail commissioner. If the offender elects to utilize the services of the bail commissioner, but claims indigence, the court shall, to the extent of available funding, utilize all possible means to pay the bail commissioner’s fee, and shall include written evidence of fee payment in the offender’s case file.
II. The court shall develop uniform criteria to evaluate and determine whether an offender is indigent or not indigent for the purpose of the offender’s ability to pay the bail commissioner’s fee. Based on the criteria, the court shall render a finding of indigent or not indigent for the purpose of the offender’s ability to pay the bail commissioner’s fee.
III. If the court finds that the offender is not indigent for the purpose of paying the bail commissioner’s fee, the offender shall reimburse the court for payment of the bail commissioner’s fee.
IV. If the court finds that the offender is indigent for the purpose of paying the bail commissioner’s fee, the offender shall not be liable to pay the fee.
II. The court shall develop uniform criteria to evaluate and determine whether an offender is indigent or not indigent for the purpose of the offender’s ability to pay the bail commissioner’s fee. Based on the criteria, the court shall render a finding of indigent or not indigent for the purpose of the offender’s ability to pay the bail commissioner’s fee.
Terms Used In New Hampshire Revised Statutes 597:2-b
- 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.
- 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.
III. If the court finds that the offender is not indigent for the purpose of paying the bail commissioner’s fee, the offender shall reimburse the court for payment of the bail commissioner’s fee.
IV. If the court finds that the offender is indigent for the purpose of paying the bail commissioner’s fee, the offender shall not be liable to pay the fee.