This bill amends and reenacts sections of the Code of West Virginia regarding pretrial release, specifically clarifying the rights and conditions surrounding bail for defendants. It establishes that defendants charged with misdemeanors are generally entitled to release on their own recognizance unless they are charged with specific offenses, such as those involving violence or serious drug violations. The bill also sets a maximum bail amount for multiple misdemeanor offenses and defines the terms related to bail. Importantly, it prohibits magistrates from setting cash-only or property-only bail and allows judicial officers to impose necessary conditions to ensure defendants appear for their court dates.
Additionally, the bill clarifies that a magistrate cannot release a defendant charged with a felony on their own recognizance during the initial appearance. It outlines circumstances under which a bail bond may not be appropriate and provides conditions under which a magistrate may set cash-only bail for certain serious offenses. The bill also emphasizes the defendant's right to select the method of securing bail and includes technical corrections to improve clarity and consistency in the law.