SB 590
Clarifying conditions for pretrial release and maximum bail amount for certain defendants
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Sign in to take action- Introduced
- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill aims to clarify the rules surrounding pretrial release and bail amounts in West Virginia. It clarifies a defendant’s right to pretrial release and establishes that personal recognizance bonds should include an unsecured monetary amount. The bill prohibits magistrates from setting cash-only or property-only bail and empowers judicial officers to impose necessary conditions for release, including releasing defendants on their own recognizance. It also outlines specific circumstances where a cash bail bond is not appropriate.
Key provisions
- Clarifies a defendant’s right to pretrial release.
- Defines terms related to pretrial release and bail.
- Prohibits magistrates from setting cash-only or property-only bail.
- Authorizes judicial officers to impose conditions for release, including own recognizance.
- Specifies circumstances where a cash bail bond is not appropriate.
- Addresses the use of personal recognizance bonds.
- Establishes guidelines for setting bail amounts, particularly for multiple misdemeanor offenses.
- Requires judicial officers to consider factors when determining bail or release conditions.
Who is affected
- Defendants facing criminal charges
- Magistrates and judges
- Public defenders
- Prosecutors
- West Virginia residents
Notable changes
- Prohibits cash-only or property-only bail.
- Expands judicial officer discretion in setting release conditions.
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