Kelly Ayotte repeals bail reform law in New Hampshire

In September 2023, New Hampshire Governor Kelly Ayotte signed a significant bill that repealed the state’s bail reform law, which was initially enacted in 2018. This new legislation marked a substantial shift in how the state handles bail, particularly for suspects accused of serious crimes. The repeal finally reflected a campaign promise made by Ayotte during her run for office, where she emphasized public safety and the need to keep violent offenders off the streets. The changes attracted bipartisan support and aimed to replace the previous system, which critics argued allowed too many dangerous individuals to be released on bail. Under the previous bail reform, the law aimed to minimize pretrial detention based on a defendant's financial capacity, thereby ensuring that those unable to pay bail could still await trial without being incarcerated unjustly. However, following a series of incidents in Massachusetts, where violent offenders released on lenient bail have contributed to public safety concerns, Ayotte rallied for modifications to New Hampshire’s approach. Her statements during the signing ceremony underscored a commitment to differentiate New Hampshire's policies from those of Massachusetts, which she described as “soft on crime.” The new law mandates that judges, instead of magistrates or bail commissioners, set bail for serious charges, thereby tightening pretrial restrictions on suspects. A major point of contention surrounding the new law is the criticism it has faced from civil liberties organizations like the ACLU of New Hampshire. Opponents have voiced concerns that the repeal may lead to increased detention based purely on financial capability rather than risk assessment. They argue that the previous reform led to a measurable decrease in crime rates and advocate for a more patient evaluation of the bill's effects before making drastic changes. Furthermore, there are worries over the implications on due process, as critics believe that the new law might disproportionately affect individuals from lower socio-economic backgrounds. Despite the heated debates, Ayotte remains firm in her stance that the changes will advance public safety in New Hampshire. As the state now gears up for the implementation of the revised bail system, scheduled for 180 days post-signing, different viewpoints on the effectiveness and fairness of these reforms will undoubtedly continue to emerge, shaping the future of criminal justice in the state.