This bill amends the Code of West Virginia to require mental health evaluations for defendants charged with specific offenses before setting bail. The offenses include violations of domestic violence protective orders, personal safety orders, and certain domestic violence and terroristic threat charges. A magistrate or judge may order the evaluation to determine if the defendant requires mental health treatment or counseling as a condition of bond. 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 48 hours of completing the evaluation.

Additionally, the bill mandates that a bond hearing be held within five days of the magistrate receiving the mental health evaluation report. This legislative change aims to ensure that mental health considerations are taken into account when determining bail conditions for individuals charged with serious offenses, thereby promoting the safety of the community and the well-being of the defendants.

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