This bill amends the Code of West Virginia to require judicial officers to consider the residency status of individuals charged with misdemeanor offenses when determining bail and conditions of pretrial release. Specifically, it mandates that in assessing "good cause" for release, judicial officers must evaluate whether the accused is a resident of West Virginia or the United States, has community ties, and poses a flight risk. The bill also clarifies that the residency status should be a factor in deciding whether to release a person on an unsecured bond or to impose other conditions of release.
Additionally, the bill modifies existing provisions regarding the conditions under which a person may be released on bail. It emphasizes that judicial officers must consider the individual's residency status alongside other factors such as the nature of the offense, the potential penalty, and the accused's prior criminal record. The bill aims to ensure that the residency status is a key consideration in the bail determination process, thereby potentially impacting the outcomes for individuals charged with misdemeanors.
Statutes affected: Introduced Version: 62-1C-1a