Chapter 618: Fines, Costs, and Discharges

I. Fines are imposed by the sentence of a court of criminal jurisdiction in a prosecution begun by indictment or information, or upon complaint before a justice of a municipal court.

II. In this chapter, "fine" means a fine, a penalty assessment, or an administrative fee imposed for a default on a court appearance or a default of payment of a fine.

Unless otherwise specially provided, all fines and forfeitures imposed by a municipal court shall be for the use of the town in which the court is established, and all other fines and forfeitures shall be for the use of the county within which the offense was committed.

No fines or other money belonging to a county shall be paid to the county attorney; but when imposed or recovered in the superior court they shall be paid to the clerk of court or to the sheriff having a precept therefor.

All fines, except parking fines or except as otherwise specifically provided by law, shall be paid to the clerk of the court imposing the fine.

Every justice of a municipal court shall pay over to the town or county to which any fine or forfeiture accrues every such fine or forfeiture received by him within 6 months after the receipt of the same. Upon default thereof, he shall forfeit double the amount of such fine or forfeiture.

If any fine appropriated to the use of any town or person or for any particular use is paid into the county treasury, the county commissioners, upon application, shall draw their order upon the county treasurer for the same, in favor of the party so entitled.

Any person sentenced to pay a fine shall be ordered to be imprisoned until sentence is performed, or he or she is otherwise legally discharged, in the county correctional facility in which the crime was committed. This section shall not be construed as authorizing the confinement of any juvenile under the age of 18 years in a county correctional facility for the nonpayment of a fine.

A writ of execution may be issued for any fine in a criminal case, notwithstanding the respondent may be committed or detained in a county correctional facility for nonpayment thereof, and if the fine is collected upon the execution, the convict shall not be further detained on account thereof.

Any person sentenced conditionally to pay a fine or to be imprisoned for a term shall be discharged at the expiration of the term, and may be discharged at any time on payment of the balance of the fine, after deducting $150 for each day such person has been imprisoned under the sentence.

Whenever a person is committed to a county correctional facility in default of payment of a fine imposed by a justice of a superior court or a district court, he or she shall be discharged from custody by the superintendent thereof at the expiration of a number of days after the date of his or her commitment equal to one day for each $150 of the fine so imposed. The superintendent shall keep a record of all discharges made under the provisions of this section.

Whenever a person under conviction for a criminal offense and confined in a county correctional facility is unable to pay the fine, the superior court, upon petition of the prisoner or the superintendent and satisfactory proof of such inability, may order the prisoner to be discharged upon such terms as they may think proper.

No discharge shall be granted pursuant to RSA 618:10 unless the petition shall be approved by the county attorney, or it shall appear to the court that the county attorney has been served with a copy of the petition, and that notice has been given to him of the time and place when and where the petition is to be presented to the court at least 10 days before the hearing upon the petition, and the petition, evidence and order of the court shall be filed in the office of the clerk of court.

Any person convicted of an offense against the police of towns or against a bylaw of a town may, upon petition and proof of inability to pay the fine, be discharged by the selectmen, and the town shall be liable for prison charges if the prisoner is unable to pay them.

In neither of the cases specified in RSA 618:10 and 12 shall a fine be released by the discharge of the prisoner, but a writ of execution therefor against the goods or estate of the prisoner may be at any time issued, upon request of the county commissioners or selectmen, without a writ of scire facias.

Except as otherwise provided by statute, the assessment of any costs against respondents in criminal cases is hereby forbidden; provided, however, that costs involving transportation of prisoners up to the time of court arraignment may be assessed against respondents, in the discretion of the superior court.

All legal costs attending the arrest, examination or conveyance of an offender, except when directed or approved in writing by the counsel of the state or county commissioners, shall be paid by the complainant.