CONCORD, NH – Mayor Joyce Craig on Wednesday testified before the New Hampshire Senate Judiciary Committee in support of SB252, relative to the release of a defendant pending trial.
“As mayor of the largest city in the state, the safety of our residents and visitors is my number one priority,” said Craig in her testimony. “I work closely with the men and women of the Manchester Police Department in preventing and addressing crime in our community. While well-intentioned, the statutory changes made in the name of bail reform in 2018 have had negative consequences in Manchester.”
SB252 is a bipartisan bill that would require individuals who are charged with homicide, first-degree assault, second-degree assault, domestic violence, aggravated felonious sexual assault, felonious sexual assault, kidnapping, stalking, trafficking in persons, robbery, possession, manufacture, or distribution of child sexual abuse, or computer pornography and child exploitation be detained pending an arraignment before the court.
The court, rather than a bail commissioner, may then order the accused to be detained pending trial if the court determines by clear and convincing evidence that release of the person is a danger to the public or themselves. If the court does not find by clear and convincing evidence that the person must be detained, the court shall order the person released pursuant to statute.
“Regardless of pretrial services, violent offenders and those posing a risk to harm members of our community should not be released on personal recognizance,” Mayor Craig added. “This bill will ensure that a Judge is able to make a well-informed bail term assessment with all necessary information available.”
Read the text of the bipartisan bill here.
A copy of Mayor Craig’s full testimony is below:
Good afternoon Chairwoman Carson and members of the committee. My name is Joyce Craig, and I serve as the Mayor of the City of Manchester. I am here today to speak in favor of Senate Bill 252, relative to release of a defendant pending trial. I urge the committee to recommend this bill as “Ought to Pass” to the full Senate.
As mayor of the largest city in the state, the safety of our residents and visitors is my number one priority. I work closely with the men and women of the Manchester Police Department in preventing and addressing crime in our community. While well intentioned, the statutory changes made in the name of bail reform in 2018 have had negative consequences in Manchester.
I agree with the overarching premise of bail reform. Individuals should not remain in jail solely because they cannot afford bail. However, until state and county governments implement uniform and comprehensive pretrial services, the bail reform that was passed in 2018 will continue to be unsuccessful.
Regardless of pretrial services, violent offenders and those posing a risk to harm members of our community should not be released on personal recognizance. Senate Bill 252 would require that individuals accused of committing egregious crimes, such as homicide, aggravated felonious sexual assault, physical assault, or domestic violence must be detained pending an arraignment before the court.
This bill will ensure that a Judge is able to make a well-informed bail term assessment with all necessary information available.
The Manchester Police Department conducted an analysis of arrests for the 12 months prior to bail reform compared to the 12 months after bail reform. Their assessment showed that post-bail reform, Manchester saw a 20 percent increase in arrests of offenders who were out on bail, and as Hillsborough County does not have adequate pretrial services, our officers have a limited ability to ensure that bail conditions are met.
The actions of this legislature have consequences in our local communities.
I provided testimony for a similar bill in February of 2022, in which I urged the legislature to act to ensure the safety of our residents, but the 2022 legislative session came to a close without those necessary changes. In September 2022, a 75-year old resident of Manchester, Daniel Whitmore, was murdered. The Mississippi man who is charged with his killing had been arrested in July for an attempted stabbing and criminal threatening, but was released on personal recognizance. Then, just days before Whitemore’s death, the accused was arrested again in Nashua, violating his previous bail terms. He was transported from Nashua to Hillsborough County Corrections in Manchester, and once again, released on personal recognizance onto our streets. This tragic outcome could likely have been prevented with changes to our bail system.
I am once again urging the legislature to move forward with this common-sense bail reform. It is one step that we can take to help ensure the safety of our communities. I ask that you recommend Senate Bill 252 as “Out to Pass” to the full Senate.
Thank you.
