This bill proposes an amendment to the Code of West Virginia by adding a new section, 62-1C-17d, 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 bail. The bill stipulates that the 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.

Additionally, the bill mandates that a bond hearing must occur within five days of the magistrate receiving the evaluation report. This legislative change is intended to enhance the judicial process by ensuring that mental health considerations are taken into account when determining bail conditions for certain defendants.

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