This bill amends and reenacts sections of the Code of West Virginia regarding pretrial release, aiming to clarify the rights of defendants and the conditions under which bail may be set. Key provisions include the establishment of a defendant's right to select their method of securing bail, the requirement that personal recognizance bonds include an unsecured monetary amount, and the prohibition of cash-only or property-only bail by magistrates. Additionally, the bill specifies that a magistrate cannot release a defendant charged with a felony offense on their own recognizance during the initial appearance and outlines circumstances under which a bail bond may not be appropriate.
The bill also clarifies the maximum bail amount for multiple misdemeanor offenses, ensuring it does not exceed three times the combined total maximum fines for the offenses charged. It provides judicial officers with the authority to impose necessary conditions to ensure a defendant's appearance in court, including the option for home incarceration or electronic monitoring. Furthermore, the bill includes technical corrections and definitions to enhance clarity and enforceability of the law. Overall, the legislation seeks to balance the rights of defendants with the need for public safety and court appearance assurance.