SB 806
Reorganizing several provisions of bail statutes
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- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill amends West Virginia’s bail statutes to reorganize and clarify several provisions. It outlines factors judicial officers must consider when determining bail amounts and release conditions, including the nature of the charges, the defendant’s prior record, and the safety of the community. The bill also addresses pretrial release, recognizance, and procedures for failure to appear, aiming to standardize bail practices and ensure fair treatment of defendants.
Key provisions
- Defines bail and outlines factors judicial officers must consider when setting bail amounts and conditions.
- Specifies requirements for pretrial release, including options for recognizance, cash bail, and other forms of bail.
- Establishes guidelines for setting cash bail, with a maximum of $1,000 for misdemeanors.
- Requires release on recognizance for certain misdemeanors, except when good cause is shown.
- Mandates a hearing for defendants who remain incarcerated after their initial appearance for a misdemeanor.
- Prohibits judicial officers from recommending relatives as bail bondsmen.
- Addresses procedures for failure to appear, including potential penalties and requirements for effective notice.
- Provides for modifications to release conditions and requires the presence of prosecuting and defense counsel at certain hearings.
Who is affected
- Defendants facing criminal charges
- Judges and magistrates
- Prosecutors
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