Long-awaited, long-needed bail reform bill signed into law by Sununu

From left, UNH School of Law professor Albert "Buzz" Scherr, Strafford County Attorney Tom Velardi (Courtesy photos)

CONCORD - Gov. Sununu on Thursday signed a much-needed crime bill that further reforms bail reform so that career criminals don't keep getting personal recognizance bail after reoffending while awaiting trial.

The reform became necessary after an earlier bail reform bill signed into law in 2018 called for no-cash bail on nonviolent crimes. The problem with the bill became apparent during a series of stories by The Rochester Voice during the summer of 2019, including a report on a Rochester transient arrested for burglary who was given PR bail only to be arrested for committing a second burglary three days later.

The bill adds a bail commissioner to the commission on pretrial detention, mandates that officers report misconduct among colleagues, and prohibits the use of chokeholds by law enforcement officers unless their lives are threatened.

"I would like to thank all of those involved in making this bill a reality," said Governor Chris Sununu. "This is a good first step, and I look forward to our continued work with the Commission on Law Enforcement Accountability, Community, and Transparency."

The law signed by the Governor also:

Prohibits private prisons in New Hampshire;

Provides funding to municipalities for psychological stability screening for candidates seeking certification as law enforcement officers

Strafford County Attorney Tom Velardi, who was part of a committee studying ways to tighten the recent reform bill that was signed on Thursday, told The Rochester Voice last month "great compromises were made" to get the bill written in time to be put into law this session, adding that even the original bill's author, Albert "Buzz" Scheer, a UNH School of Law professor, was willing to make compromises.

"Defense lawyers, the ACLU, police chiefs, they all agreed something had to be done," Velardi said. "Everyone ended up giving up something and getting something. There was great collaboration."

Velardi also credited Rochester Police Chief Paul Toussaint with his input during the discussion.

The Rochester Voice delved into the problems of the original bail reform bill during its "Spotlight on Bail Reform" series last summer.

In an Aug. 28 story that showed a deep divide between Scheer's and Velardi's philosophy on bail reform, Velardi complained that bail reform suspects released on PR, or personal recognizance bail, were reoffending or not showing up for court appearances and being immediately rebailed on $0 PR bail after being picked up on another charge or bench warrant.

"What is confounding to us in law enforcement is they aren't enforcing their own bail orders," Velardi said. "Why would we do the same conditions? That's what the public is getting outraged about.

"Each time they (offenders) come in, it's a clean slate."

"(With the bill passed Thursday) Judges can consider the totality of the case," Velardi added, meaning they can look at the number of times the same suspect may have violated his bail conditions before deciding whether to continue $0 PR, bail.

The bail reform legislation was first enacted in 2018 with the intent that cash would not play a role in whether a suspect in a crime is allowed to remain free pending trial or plea deal.

During the monthslong bail reform series in The Voice, it was noted in July that one Rochester man, after racking up an eye-popping six bench warrants; was picked up by police yet again and given PR bail a seventh time.