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 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 accused's criminal history.

Additionally, the bill modifies existing provisions regarding the conditions under which a person may be released on bail. It specifies that judicial officers must consider a range of factors, including the accused's ability to pay bail, the severity of the charges, and the potential penalties involved. The bill also clarifies that cash bail for misdemeanors cannot exceed three times the maximum fine for the offense. Overall, the proposed changes aim to enhance the judicial process by ensuring that residency status is a key factor in pretrial release decisions, thereby potentially reducing the risk of flight and ensuring community safety.

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