Bill > HB1510

This bill clarifies and establishes the responsibility for custody and control of individuals ordered to a county correctional facility, fundamentally shifting the primary custodial responsibility from law enforcement to county departments of corrections. Specifically, the bill mandates that when a person is ordered to be detained at a county correctional facility, they are legally considered to be in the custody of the county department of corrections upon arrest. Law enforcement agencies are now primarily responsible only for delivering or transporting individuals to the correctional facility or to court hearings as directed, and must turn over custody to the receiving facility without delay. The bill also allows for flexibility in situations with unforeseen circumstances, permitting law enforcement officers to assist the holding facility with custody and control when mutually agreed upon, with such officers acting as agents of the holding facility. While the bill does not impose immediate fiscal costs, the New Hampshire Association of Counties warns that it could potentially lead to significant and unpredictable expenses for county taxpayers, particularly related to inmate supervision, healthcare, and transportation costs. The bill will take effect 60 days after its passage.

Justice

https://gc.nh.gov/bill_Status/billinfo.aspx?id=1748&inflect=2