This bill amends the Code of West Virginia to clarify and enhance the provisions surrounding pretrial release. It establishes that defendants have a right to pretrial release and specifies the maximum bail amount for multiple misdemeanor offenses. The bill defines terms related to bail and asserts that defendants can choose their method of securing bail, which may include personal recognizance bonds that incorporate an unsecured monetary amount. Additionally, it prohibits magistrates from setting cash-only or property-only bail and allows judicial officers to impose necessary conditions to ensure defendants appear as required. Notably, the bill clarifies that a magistrate cannot release a defendant charged with a felony offense on their own recognizance during the initial appearance.

Furthermore, the bill outlines specific circumstances under which a bail bond may not be appropriate and provides conditions under which a magistrate may set cash-only bail. It also includes technical corrections to existing law. The changes aim to balance the rights of defendants with the need to ensure public safety and the integrity of the judicial process. Overall, the bill seeks to create a more equitable and clear framework for pretrial release in West Virginia.

Statutes affected:
Introduced Version: 62-1C-1a, 62-1C-2