This bill amends the Code of West Virginia to clarify the conditions for pretrial release and the maximum bail amounts for individuals charged with multiple misdemeanor offenses. It establishes that defendants have the right to select their method of securing bail, which may include personal recognizance bonds that contain an unsecured monetary amount. The bill prohibits magistrates from setting "cash only" or "property only" bail and specifies that a judicial officer may impose necessary conditions to ensure a defendant's appearance in court, while also protecting the safety of the community and maintaining evidence. Notably, it clarifies that magistrates cannot release defendants charged with felony offenses on their own recognizance.

Additionally, the bill revises the definition of "bail" and outlines the considerations that judicial officers must take into account when determining bail conditions. It sets a maximum bail amount for misdemeanors at three times the highest maximum fine for the charged offenses and mandates that a hearing be held within five days if a defendant remains incarcerated due to inability to meet bail requirements. The bill aims to balance the rights of defendants with public safety concerns, ensuring that pretrial release conditions are both fair and effective.

Statutes affected:
Introduced Version: 62-1C-1a, 62-1C-2