This bill amends and reenacts several sections of the Code of West Virginia concerning bail, defining it as security for a defendant's court appearance and outlining factors for judicial officers to consider when setting bail conditions. It establishes mandatory and discretionary pretrial release based on the offense category, requiring that defendants charged with misdemeanors be released on their own recognizance unless specific conditions apply. The bill mandates a hearing for those who remain incarcerated after their initial appearance for misdemeanors and introduces new provisions allowing defendants to choose their preferred bail method, with a maximum cash bail set for misdemeanors.

Additionally, the bill reorganizes and clarifies key bail statutes, requiring defendants or property owners to provide proof of ownership and property value to the court. It stipulates that recognizance must be signed by the defendant and one or more adult property owners or a surety company, with the assessed property value needing to be at least half the bail amount. The bill also ensures that indigent defendants who can demonstrate their likelihood of appearing in court are not denied bail due to financial constraints. It outlines conditions for pretrial release, including compliance with laws and supervision, and mandates the presence of both prosecuting and defense counsel at bail hearings. Overall, the bill aims to enhance the clarity and fairness of bail procedures while addressing public safety concerns.

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