The nation’s eyes are on our criminal justice system following the deaths of George Floyd, Breonna Taylor, Ahmaud Arbery, and the subsequent protests in response. Here in New Hampshire, our cities and towns have spoken up through peaceful protest to elevate the problems of systemic racism. We stand by those protestors and agree, there is work to be done.

The New Hampshire Legislature has been working to take thoughtful, concrete steps to improve our criminal justice system as a whole. Some of the most important work done this session were criminal justice reforms including improvements to our bail reform statute, increasing the safety of New Hampshire’s minors, and strengthening accountability for perpetrators of domestic violence.

During the Senate’s last session we passed HB 1645, an omnibus bill crafted with the support of law enforcement, that works towards addressing some of the state’s most pressing issues in our criminal justice system while also making changes towards the long term improvement of our state in a vote of 23-1. The next day, the House concurred in a vote of 255-74.

This bill makes important strides in making New Hampshire a safer place to live, work, and raise a family. It mandates that police report misconduct by fellow police officers and requires the chief law enforcement officer who receives that report to report it to the state Police Standards and Training Council who are responsible for certifying New Hampshire’s police officers to ensure there is third party accountability. Reporting misconduct in the workplace is not a new concept and is already done by our doctors and lawyers. This legislation also requires that an investigation into the report be done promptly, and the results shared with Police Standards and Training. We have seen the dangerous effects when our law enforcement does not conduct business with transparency and accountability. This is a commonsense first step towards ensuring the safety of the public.

We must use this moment in time to reanalyze what we’ve considered standard. In New Hampshire, Police Standards and Training does not train recruits on chokehold techniques and many police departments have reported that it is not in their procedures. However, we believe it is critical to codify that practice into state law to ban the use of choke holds-the technique used by an officer that took George Floyd’s life. HB 1645 as amended does just that, except in cases of deadly force.

HB 1645 includes language from HB 1174, which increases access to psychological screening before an officer assumes their duties. It establishes a fund for psychological screening and allows the Police Standards and Training Council to reimburse local police departments for these screenings. By creating a funding mechanism to expand access to psychological screening for new officers, we can make our hiring process more thoughtful and comprehensive.

Since 2018, we have worked together with public stakeholders, law enforcement officials, and lawmakers on bail reform through the statewide bail commission. As a state, we recognize that someone posing no danger to themselves or others should not be held in jail simply because they are not able to afford bail. That is why under current law judges and bail commissioners are required to consider personal recognizance bail. This is a complicated issue that requires careful attention to its execution to ensure public safety as well as personal liberty.

We understand there have been some inconsistencies with how the intent of this legislation has been applied, however, which is why we convened a bipartisan Commission on pretrial to detention to study this issue over the past year. That Commission, comprised of law enforcement officers, prosecutors, the judicial branch, and public defenders, recommended language that has been incorporated into HB 1645 as amended. At their recommendation, we are adding a bail commissioner to the commission on pretrial detention, pretrial scheduling, and pretrial services and requiring the court to develop an education program for bail commissioners that provides current information regarding the status of the laws affecting bail commissioners and the powers and duties of bail commissioners.

These measures are the beginning of a critical conversation and reform efforts. As a Senate, ensuring the safety and liberty of New Hampshire is a bipartisan priority that we know will continue in the next biennium and for many years to come. As your elected officials, we are committed to this work. These conversations are not easy and there is no quick fix, but we are proud of the work that has been put forward so far and stand ready to continue the discussion towards lasting change.

Sen. Martha Hennessey represents Senate District 5 and Sen. Melanie Levesque represents Senate District 12.

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