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 for 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, their ties to the community, and the risk of flight. Additionally, the bill introduces new considerations for determining the conditions of release, emphasizing the importance of the individual's residency status alongside other factors such as the nature of the offense and the potential penalty.

The bill also modifies existing provisions regarding the conditions of release, ensuring that the least restrictive conditions necessary to ensure appearance in court and community safety are applied. It clarifies that cash bail for misdemeanors cannot exceed three times the maximum fine for the offense and establishes a requirement for a hearing within five days if an individual remains incarcerated due to inability to meet secured bond conditions. Furthermore, it prohibits judicial officers from recommending surety services from relatives, thereby enhancing the integrity of the bail process.

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