Section 594:20-a - [Effective 1/1/2025] Place and Time of DetentionI. When a person is arrested with or without a warrant, he or she may be committed to a county correctional facility, to a police station or other place provided for the detention of offenders, or otherwise detained in custody. The person shall be taken to appear before a magistrate, circuit court or a superior court without unreasonable delay, to answer for the offense. All persons shall appear no later than 24 hours after arrest, or no later than 36 hours after arrest if arrested between 8:00 a.m. and 1:00 p.m. and the person's attorney is unable to attend an arraignment on the same day, Saturdays, Sundays, and holidays excepted. In the case of a person arrested when the court is not open within the next 24 hours, a decision on bail shall be made by a magistrate within 24 hours of the arrest for any of the crimes listed in RSA 597:2, III(a)(1). Hearings held by a magistrate pursuant to this section may be held telephonically, and the magistrate may conduct such hearing from any location within the state of New Hampshire, without regard to the jurisdiction in which the person was arrested. This section shall not be construed to prohibit telephonic hearings that are otherwise permitted by law or court rule.II. Notwithstanding the provisions of paragraph I, defendants detained under RSA 173-B shall have timely access to a bail hearing by telephonic means or otherwise as determined by the circuit court or the superior court .Amended by 2024, 333:2, eff. 8/2/2024.Amended by 2024, 317:3, eff. 1/1/2025.Amended by 2019 , 142: 1, eff. 1/1/2020.Amended by 2015 , 249: 14, eff. 1/1/2016.1965, 158:1. 1988, 89:22, eff. June 17, 1988. 2004, 119 : 1 , eff. May 17, 2004. 2015, 249 : 14 , eff. Jan. 1, 2016, July 1, 2016 and Oct. 1, 2017. 2019, 142 : 1 , eff. Jan. 1, 2020.
This section is set out more than once due to postponed, multiple, or conflicting amendments.