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 a defendant has the right to select from various methods of securing bail, while also allowing judicial officers to impose necessary conditions to ensure the defendant's appearance in court and the safety of the community. The bill specifies that personal recognizance bonds must include an unsecured monetary amount and prohibits magistrates from setting "cash only" or "property only" bail. Additionally, it clarifies that a magistrate may not release a defendant charged with a felony offense on their own recognizance.

Key revisions include the definition of "bail," which is now described as the pretrial release of a person from custody under specified terms and conditions. The bill also outlines the maximum bail amount for misdemeanors, stating it may not exceed three times the highest maximum fine for the charged offenses. Furthermore, it emphasizes the importance of considering various factors, such as the nature of the offense and the defendant's prior record, when determining bail conditions. Overall, the bill aims to enhance the fairness and clarity of the pretrial release process in West Virginia.

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