The 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, factors such as whether the individual is a resident of West Virginia or the United States, has community ties, and poses a flight risk must be taken into account. Additionally, the bill introduces new considerations for judicial officers when deciding on the type of release, including the individual's residency status alongside other factors like the nature of the offense and the potential penalty.

Furthermore, the bill clarifies that cash bail for misdemeanors cannot exceed three times the maximum fine for the offense, and it establishes a requirement for a hearing within five days if a person remains incarcerated due to an inability to meet secured bond conditions. The legislation also allows judicial officers to modify release conditions at any time and ensures that both prosecuting attorneys and defense counsel are present at hearings concerning bail or bond conditions, unless waived by the defendant.

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