The bill amends several sections of the Code of West Virginia concerning bail, establishing clear definitions and factors for judicial officers to consider when determining bail conditions. Key provisions include the requirement for judicial officers to provide specific findings when granting or denying bail, and the establishment of mandatory or discretionary pretrial release based on the nature of the charged offense. Defendants charged with certain misdemeanors are to be released on their own recognizance unless good cause is shown. The bill also outlines various forms of bail, including cash bail and recognizance, while setting a maximum cash bail for misdemeanors.

Additionally, the bill repeals previous provisions related to bail amounts and release conditions, introducing new requirements for hearings when a defendant remains incarcerated after an initial appearance. It emphasizes judicial review of bail determinations and prohibits judicial officers from recommending relatives as sureties. The legislation also requires defendants to provide proof of property ownership and its value as collateral for bail, ensuring that indigent defendants are not denied bail due to financial constraints. Various conditions for pretrial release are outlined, including restrictions on contact with victims and participation in electronic monitoring, while reinforcing penalties for failing to appear in court. Overall, the bill aims to enhance fairness and consistency in bail practices while addressing public safety and defendants' rights.

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