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. It guarantees the right to bail for defendants charged with offenses not punishable by life imprisonment, while allowing for discretionary bail for those facing life sentences. The legislation mandates judicial review of bail decisions and specifies conditions under which pretrial release may be granted or denied, taking into account the nature of the offense, the defendant's criminal history, and public safety risks. Additionally, it introduces new requirements for bail forms, allowing defendants to choose their preferred method unless restricted by the judicial officer, and sets a maximum cash bail for misdemeanors, requiring release on recognizance for certain offenses unless good cause is shown.

Furthermore, the bill reorganizes and clarifies provisions related to bail statutes, including requirements for defendants and sureties to provide proof of property ownership and its value as collateral. It mandates that recognizance be signed by the defendant and one or more adult property owners or a surety company, with judicial officers having the authority to require justification of surety. The bill ensures that indigent defendants who can demonstrate their likelihood of appearing in court are not denied bail due to financial constraints. It also outlines conditions for pretrial release, modifies penalties for failing to appear in court, and establishes procedures for issuing capias or bench warrants, all aimed at enhancing the bail process while prioritizing community safety and court appearance compliance.

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