This bill amends the Code of West Virginia to require mental health evaluations for defendants charged with specific offenses before setting bail. The offenses include violations of domestic violence protective orders, personal safety orders, and certain domestic violence and terroristic threat charges. The evaluation must be conducted by a licensed mental health provider within ten days of the order, and the examiner is required to submit a report to the magistrate within 48 hours of completing the evaluation. Following the receipt of this report, a bond hearing must be held within five days.

Additionally, the bill modifies existing provisions regarding the conditions for pretrial release and the considerations for setting bail. It maintains the requirement for judicial officers to consider various factors, such as the nature of the offense and the defendant's criminal history, while also ensuring that the conditions of release do not jeopardize the safety of the community or the integrity of evidence. The bill aims to enhance the judicial process by integrating mental health assessments into the bail-setting procedure for certain serious offenses.

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