This bill amends the Code of West Virginia to allow magistrates or judges to order mental health evaluations for defendants charged with specific offenses related to domestic violence and threats of terroristic acts before setting bail. The evaluation, conducted by a licensed mental health provider, aims to assess whether the defendant requires mental health treatment or counseling as a condition of their bond. The evaluation must be scheduled within ten days of the order, and the examiner is required to submit a report to the magistrate within 48 hours of completion.
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 is intended 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