The bill amends the Code of West Virginia to reform bail procedures by defining bail and establishing specific criteria for judicial officers to consider when determining bail conditions. Key factors for evaluation include the nature and gravity of the offenses, potential penalties, and the defendant's prior criminal record. It mandates that defendants charged with misdemeanors be released on their own recognizance unless they meet certain exceptions, such as violent offenses or those involving minors. The bill also allows for judicial review of bail determinations and sets maximum cash bail limits for misdemeanors, while emphasizing the need to prevent unnecessary incarceration of defendants awaiting trial.

Additionally, the bill repeals several existing provisions related to bail, clarifying that defendants can choose their form of bail unless restricted by the judicial officer. It introduces new requirements for defendants and sureties, including proof of property ownership and its value, and mandates that recognizance be signed by the defendant and one or more adult property owners or a surety company. The legislation outlines conditions for pretrial release, such as compliance with laws and supervision, and ensures that indigent defendants are not denied bail due to their inability to furnish recognizance. It also updates penalties for failure to appear and clarifies procedures for issuing capiases, ensuring effective notice of court appearances.

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