Special Edition: New Hampshire fee/fine/cost legislation in the 2017 session


  • Provides no defendant shall be incarcerated after a final hearing for nonpayment of an assessment or nonperformance of community service unless counsel has been appointed for a defendant who is indigent or such defendant has executed a valid waiver of counsel for the final hearing.
  • Provides incarceration of such defendant may occur only if the court, after having conducted an ability to pay or ability to perform final hearing at which the court has made a specific inquiry of the defendant concerning his or her financial circumstances and his or her reasons for nonpayment or nonperformance, finds that the defendant willfully failed to pay the assessment or perform the community service.
  • Requires court prior to conducting an ability to pay or ability to perform final hearing
  • Provide the defendant with a financial affidavit and direct the defendant to complete the affidavit;
    1. Inform the defendant that he or she may be immediately incarcerated if the court finds that he or she has willfully failed to comply with the court’s prior order to pay an assessment or perform community service;
    2. Inform the defendant that he or she is entitled to counsel for the final hearing in which incarceration is a possible outcome and, if the defendant cannot afford one, the court will appoint one; and
    3. Explain the issues to be decided at the final hearing as well as the process provided.
    4. Requires court appoint counsel to represent an indigent defendant at a final hearing on an ability to pay or perform held pursuant to this section if incarceration is a possible outcome of the final hearing.

Approved by full Senate 2/16/17. Public Hearing in House Judiciary Committee 3/15/17.