New Hampshire HB 1510: relative to responsibility for the custody or control of persons ordered to a county correctional facility.

Bill Text

HB 1510-FN - AS INTRODUCED

2026 SESSION

 26-2543

 09/07

HOUSE BILL 1510-FN

AN ACT relative to responsibility for the custody or control of persons ordered to a county correctional facility.

SPONSORS: Rep. Trottier, Belk. 8; Rep. Berry, Hills. 44

COMMITTEE: Criminal Justice and Public Safety

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ANALYSIS

 This bill establishes that the county department of corrections shall be responsible for the custody or control of persons ordered to a county correctional facility.

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Explanation: Matter added to current law appears in bold italics.

 Matter removed from current law appears [in brackets and struckthrough.]

 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

 26-2543

 09/07

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT relative to responsibility for the custody or control of persons ordered to a county correctional facility.

Be it Enacted by the Senate and House of Representatives in General Court convened:

 1 New Paragraph; Release of a Defendant Pending Trial. Amend RSA 597:2 by inserting after paragraph XV the following new paragraph: 

 XVI. The defendant shall be deemed to be in the custody of the county department of corrections upon the issuance of an order remanding the defendant to said county's house of corrections or any other facility for unforeseen circumstances. No other law enforcement agency or officer shall be responsible for the custody or control of a person who is ordered to a county correctional facility's custody and control, other than to deliver said person to the county correctional facility as ordered, or to any facility for unforeseen circumstances, and said committed custody shall be turned over to the holding facility officer or agent where commitment was ordered. 

 2 Detention and Sanctions for Default or Breach of Conditions. Amend RSA 597:7-a, I to read as follows: 

 I. [A peace officer may] The county correctional facility shall detain an accused, and shall have custody and control of the said accused until the accused can be brought before a justice if the peace officer has a warrant issued by a justice for default of recognizance or for breach of conditions of release or if the peace officer witnesses a breach of conditions of release. The accused shall be brought before a justice for a bail revocation hearing within 36 hours, Saturdays, Sundays, and holidays excepted. If the detention is to be at the county house of corrections, or another facility for unforeseen circumstances, the defendant shall be deemed in the custody of the county department of corrections upon arrest. No other law enforcement agency or officer shall be responsible for the custody or control of a person who is ordered to be detained at a county correctional facility, other than to deliver/transport said person to the county correctional facility as ordered or to any court hearing as directed by a court order. When a law enforcement officer is in transit with or has custody of a defendant ordered to confinement or to be held at a correctional facility, said law enforcement officer shall deliver the committed to the court ordered jail, prison, or closest detention facility without delay. If there is any deviation due to unforeseen circumstances, said committed custody shall be turned over to the receiving facility’s officer or agent where commitment was ordered. Nothing in this section shall prohibit a holding facility from receiving assistance from another law enforcement agency in the custody and control of said committed, and upon agreement by the law enforcement agency and the receiving facility. Any law enforcement officer or agent acting under said agreement shall be considered to be acting as agents of the holding facility. 

 3 Effective Date. This act shall take effect 60 days after its passage. 

 LBA

 26-2543

 12/2/25

HB 1510-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to responsibility for the custody or control of persons ordered to a county correctional facility.

FISCAL IMPACT: 

 Estimated Political Subdivision Impact

FY 2026

FY 2027

FY 2028

FY 2029

 County Revenue

$0

$0

$0

$0

 County Expenditures

$0

Indeterminable Increase

 Local Revenue

$0

$0

$0

$0

 Local Expenditures

$0

$0

$0

$0

METHODOLOGY:

This bill requires that once a defendant is ordered to a county house of corrections they are legally considered to be in the custody of the county department of corrections. 

The New Hampshire Association of Counties (NHAC) states this bill could result in significant yet indeterminable costs to county correctional facilities. NHAC notes that the legislation would shift substantial financial burdens, particularly overtime and hospital related expenses, onto co