The bill amends the Code of West Virginia to introduce new definitions and procedures for bail determinations, emphasizing the importance of various factors such as the nature of the offense, potential penalties, and the defendant's criminal history. It establishes mandatory and discretionary categories for pretrial release based on the charged offense and requires judicial review of bail decisions. Notably, defendants charged with misdemeanors who remain incarcerated after their initial appearance must have a hearing within five days to discuss potential release conditions. The bill also repeals previous provisions regarding bail amounts and conditions, implementing new cash bail limits and allowing defendants to choose their form of bail, while prohibiting judicial officers from recommending relatives as sureties.

Additionally, the bill introduces requirements for defendants and sureties, including the need for proof of property ownership and its assessed value as collateral for bail. It mandates that recognizance be signed by the defendant and one or more adult property owners or a surety company, ensuring that the property value is at least half the bail amount. The bill also outlines conditions for additional pretrial release requirements, such as prohibiting contact with victims or mandating electronic monitoring. By repealing certain existing sections and adding new language, the bill aims to clarify and enhance the enforceability of bail conditions, ensuring fairness in the judicial process while considering public safety and the rights of defendants.

Statutes affected:
Introduced Version: 62-1C-1, 62-1C-1a, 62-1C-2, 62-1C-17b, 62-1C-3, 62-1C-4