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, has community ties, and poses a flight risk. The bill also modifies existing provisions regarding the conditions of release, ensuring that the residency status is a factor in the decision-making process.
Additionally, the bill clarifies that when determining the appropriateness of bail or release conditions, judicial officers must take into account the individual's residency status alongside other factors such as the nature of the offense, potential penalties, and the accused's criminal history. The proposed changes aim to enhance the judicial process by ensuring that residency status is a key consideration in pretrial release decisions, thereby potentially impacting the safety of the community and the likelihood of the accused appearing for future court proceedings.
Statutes affected: Introduced Version: 62-1C-1a