This bill proposes the addition of a new section, designated 62-1C-17d, to the Code of West Virginia, 1931, which allows magistrates or judges to order a mental health evaluation for defendants charged with specific offenses, including violations of protective orders, personal safety orders, and threats of terroristic acts. The evaluation aims to assess whether the defendant requires mental health treatment or counseling as a condition of their bond.

Under the new provision, the mental health evaluation must be conducted by a licensed mental health provider within ten days of the order, and the examiner is required to submit a report to the magistrate within forty-eight hours of completing the evaluation. Following the receipt of the report, a bond hearing must be held by the magistrate or judge within five days. This bill seeks to enhance the judicial process by ensuring that mental health considerations are taken into account when setting bail for certain defendants.

Statutes affected:
Introduced Version: 62-1C-17d