The bill seeks to amend and clarify the bail procedures in West Virginia by introducing a comprehensive definition of bail and outlining specific factors that judicial officers must consider when determining pretrial release. Key considerations include the nature of the offense, potential penalties, and the defendant's prior criminal record. It mandates that defendants charged with misdemeanors be released on their own recognizance unless they are involved in violent offenses or cases involving minors. Additionally, the bill establishes that cash bail amounts cannot exceed three times the maximum fine for the offense, while also streamlining existing provisions related to bail and recognizance.

Moreover, the bill introduces new requirements for defendants and sureties, such as the necessity for proof of ownership and property value, and mandates that recognizance be signed by the defendant and one or more adult property owners or a surety company. It ensures that indigent defendants who can demonstrate their likelihood to appear in court are not denied bail due to financial constraints. The bill also outlines conditions for pretrial release, including compliance with laws and potential electronic monitoring, and modifies penalties for failure to appear, establishing a framework for handling such cases. Overall, the proposed changes aim to enhance the fairness and efficiency of the bail system while prioritizing 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