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The revolving door that lets criminals loose hours after their arrest is getting shut down as Gov. Chris Sununu signed a bail reform bill into law on Thursday. It followed months of lobbying from Manchester Mayor Jay Ruais.

“We have been fighting for these pro-victim fixes to bail reform for a long time and appreciate Manchester Mayor Jay Ruais leading the effort of local officials to help get it over the finish line,” Sununu said.

Ruais took up the bail reform cause on his first day in office, heading to Concord to demand lawmakers fix the system that he said allowed alleged criminals to go crime sprees with brief time outs for arrests.

“This is a victory for Manchester and every other town and city in our state,” Ruais said. “The safety of our city is non-negotiable, and this bill contains many reforms that will make Manchester safer. I want to thank the governor and legislature for their efforts to work together in a bipartisan way to reaffirm their commitment to the safety of our communities.”

Manchester’s crime problem became emblematic of the problem with the bail system. In March, Ruais said that of the 817 people Manchester Police arrested in the first few months of the year, 306 — or 37 percent — were already out on bail for a previous criminal charge. In the 12 months prior, repeat offenders made up 26 percent of the total arrests, with 1,178 people already on bail of the total 4,529.

Ruais campaigned on the need to fix bail, support police, and clean up the city, winning a stunning victory over Mayor Joyce Craig’s handpicked successor, Democrat Kevin Cavanaugh. 

House Criminal Justice and Public Safety Chairman Rep. Terry Roy (R-Deerfield) said the bill signed Thursday corrects serious flaws in the 2018 law that attempted to make the bill system more just.  

“These flaws allowed offenders to be released despite being re-arrested for violations of multiple bail release conditions. Sometimes these were violent offenders and their release led to tragic results. We heard from law enforcement, that oftentimes, arrestees were released and back on the street before the officer had the opportunity to complete the report,” Roy said on Twitter/X.

The new law saw police chiefs, the New Hampshire ACLU, Republicans, and Democrats work together, said Rep. David Meuse (D-Portsmouth.)

“This bill is the end product of a good-faith effort by legislators from both parties and stakeholders as diverse as ACLU-NH and the New Hampshire Chiefs of Police Association. It shows that enhancing public safety and protecting civil liberties don’t have to be mutually exclusive. I’m pleased that the governor chose to sign it into law,” Meuse said.

Perhaps more surprisingly, the need for bail reform even had House Republicans working with Senate Republicans. 

“After years of violent criminals and re-offenders being released on PR bail because of a flawed system, the House and Senate finally found a compromise that will work,” said Sen. Bill Gannon (R-Sandown). “I am thankful for the bipartisan efforts of Chairman Terry Roy, the House Criminal Justice Committee, and the members of the Senate Judiciary Committee who spent countless hours working on this. This is a huge win for the state of New Hampshire and we should be proud to deliver real results for our communities.”

The new law closes the revolving door by stopping the release of people re-arrested while already on bail, as well as causing certain violent offenders to be only allowed bail after review by a judge or magistrate, according to Roy. The old system allowed offenders to get bail reviews by civilian bail commissioners instead of the the bail commissioner. 

Other changes include having the courts pay bail commissioners instead of the defendants, more training for bail commissioners, and more protections for crime victims.  The bill also requires notification for victims of domestic violence before their alleged abuser is released on bail. 

The law also updates the way technology is used so police officers will be able to check someone’s bail status in real time. The prior system had paper bail orders entered into databases, meaning there could be a lag time before the bail was entered into computer systems police access, meaning officers couldn’t know if someone they had in custody was already out on bail, Roy said.

“Under the 2018 system, officers were often forced to rely on the honor system, hoping an arrestee would tell them that they were already on bail from another charge in a different jurisdiction,” Roy said. 

The 2018 reform sought to stop the unintended consequence of a cash bail system that put poor people to jail pre-trial. In some cases, people would be held for weeks or months in jail without a conviction because they could not come up with a few hundred dollars for bail. 

Roy said the bill signed Thursday will still keep people charged with nonviolent crimes from going to jail without a conviction. Cash bail will not be universal, but set aside for people charged in violent crimes or people who allegedly commit crimes while already out on bail.

“Cash bail remains a legitimate tool available to the courts, but only to assure an appearance by someone who is able to pay. It will not be used as a way to hold people,” Roy said.

In fact, Roy said the new law makes sure that no one will be held more than 24 hours without having their case reviewed by the court, including weekends and holidays. 

New Hampshire’s ACLU is siding with the producers of AI-created child sex abuse images over New Hampshire’s kids, critics say, opposing legislation to ban deepfake child porn in New Hampshire.

And at least one Democratic state senator says siding with criminals and against victims is nothing new for the progressive organization.

“It has been my experience in working for laws that protect crime victims the ACLU has not necessarily been a partner in protecting the rights of the people who have been harmed by criminals so much as protecting the rights of the criminals,” said Sen. Deb Altschiller (D-Stratham). “I have yet to have a criminal justice bill that they have embraced.”

Altschiller is the prime sponsor of SB564, which “expands the definition of ‘child’ under the child sexual abuse images statute to include those images that are portrayed to be a person under the age of 18 and are thus indistinguishable from a child.” She testified before the House Criminal Justice and Public Safety Committee on Wednesday, and that’s when she first learned of the ACLU’s opposition to her legislation.

ACLU-NH Legal Director Gilles Bissonnette

Gilles Bissonnette, ACLU-NH’s Legal Director, did not testify in person. Instead, he submitted a written statement revealing his organization’s position: AI-generated child sex abuse images are protected speech under the First Amendment.

“These images are protected by the First Amendment and Part I, Article 22 insofar as they are neither produced using minors nor do they appear to depict a specific, identifiable person,” Bissonnette wrote.

Altschiller told the committee this expanded definition is needed as the scourge of child sex abuse image trafficking is colliding with the rise of easily available AI programs that can create new, realistic images, sometimes using the images of real children.

“Once something is out there, you can’t unring the bell,” Altschiller said.

New Hampshire State Police Sgt. Hawley Rae also testified on behalf of Altschiller’s legislation, arguing that people who consume child sex abuse images are statistically more likely to engage in abuse IRL (“In Real Life.”) 

New Hampshire already has a problem with people trafficking these types of abusive images, and the potential for abusers using deepfake technology to make new abuse images from the photos of real children should be sobering, Rae said.

“Kids are vulnerable, especially in the social media world, and I can only assume this will be a problem in the AI world as well,” Rae said.

Bissonnette’s objection to the bill is founded on prior court rulings that hold child sex abuse images created without using real children are protected. The 2002 United States Supreme Court decision in Ashcroft v. Free Speech  Coalition and the 2008 New Hampshire Supreme Court decision in State v. Zidel both found that child sex abuse images that did not depict real children are allowed.

“SB564 presents serious constitutional concerns under Ashcroft and Zidel because it sweeps within its scope images that are not limited to depictions of an ‘identifiable’ (meaning ‘recognizable as an actual, specific person’) minor who was actually victimized,” Bissonnette wrote.

Rep. Terry Roy (R-Deerfield) said neither the Ashcroft nor Zidel courts were dealing with the reality of the new dangers children face today.

“The Ashcroft court didn’t have to contend with the AI technology at all,” Roy said.

Interestingly, the ACLU’s hardline “free speech” absolutism on child porn doesn’t apply to political speech Bissonnette and his organization find objectionable. The ACLU-NH’s policy today is to decline to defend free speech that “denigrates [marginalized] groups” and “impedes progress toward equality.” That includes refusing to defend the free speech rights of allegedly right-wing groups whose “values are contrary to our values” and whose words might offend the “marginalized.”

The ACLU’s guidelines state, “As an organization equally committed to free speech and equality, we should make every effort to consider the consequences of our actions.”

What about the “consequences” of graphic, violent child porn, critics ask.

Given the advances in technology, Rep. David Meuse (D-Portsmouth) said failing to act now could have dire consequences for New Hampshire’s children sooner rather than later.

“I feel that composite images today are so realistic … they’re virtually indistinguishable from an image of a real child. These images just create a market for more images,” Meuse said. “The very fact that a market for this type of material exists, if we continue to allow that market to exist, real children are going to be harmed.”

The committee voted unanimously to approve the bill, moving it closer to a full House vote.

New Hampshire is getting $5 million in federal funding for critical crime victim services as the needs across the state increase. 

“Without these funds, many of the services available to victims of crime would be reduced dramatically or cease to exist,” said Attorney General John Formella.

The Executive Council approved the funding, which allows the Department of Justice to make sure the victim service programs can continue helping Granite Staters in sometimes dire circumstances. 

“These approvals will allow the Department of Justice to continue to address the need for crime victim services across New Hampshire by sub-granting funds to the amazing organizations that provide these services throughout our state.”

New Hampshire uses the Victims of Crime Act (VOCA) grant to fund the needed services, but the VOCA has been losing its regular source of funding—fines paid by those convicted of federal crimes.

Fines are getting reduced at the federal level, and the United States Department of Justice3 is pursuing non-prosecution agreements with some people which has resulted in the money not getting deposited into VOCA.

According to Formella’s office, it is happening at the same time more people are becoming crime victims. Last year in New Hampshire, calls to domestic violence and sexual assault crisis lines increased by approximately 63 percent, and the need for emergency shelters for domestic violence victims increased by approximately 30 percent from 2019.

VOCA funds are used to support services for victims through direct service organizations such as domestic violence shelters, rape crisis centers, and child abuse treatment programs. In New Hampshire, more than 40 victim services organizations receive VOCA funds including the New Hampshire Coalition Against Domestic and Sexual Violence (NHCADSV) as well as the state’s 13 Crisis Centers, Court Appointed Special Advocates (CASA), Granite State Children’s Alliance (OSCA) and New Hampshire Legal Assistance (NHLA). VOCA funding is also used to fund advocates at the state’s County Attorney Offices, several Police Departments, Granite State Child Advocacy Centers, the Granite United Way, and Victims, Inc.

Some of these organizations would not be able to continue without the VOCA funding, the Attorney General’s Office said Wednesday.