HB 4128
Determining Bond requirements for certain crimes
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill changes how bonds are set for misdemeanor crimes in West Virginia. It requires a judicial officer to conduct a mental health evaluation for defendants charged with specific misdemeanors, including those involving violence, minors, or drug offenses, before setting a bond. The evaluation aims to determine if the defendant needs mental health treatment as a condition of release, and a bond hearing will be held within five days of receiving the evaluation report. It also clarifies conditions for release and addresses the potential for continued incarceration due to inability to meet bond requirements.
Key provisions
- Requires a mental health evaluation for defendants charged with specific misdemeanors before setting a bond.
- Establishes a timeframe (10 days) for completing the mental health evaluation after the order is issued.
- Mandates a bond hearing within five days of receiving the evaluation report.
- Allows judicial officers to modify release conditions at any time.
- Specifies conditions that may be imposed on release, including avoiding contact with victims and abstaining from substance use.
- Limits cash bail to three times the maximum fine for the offense.
- Addresses the possibility of continued incarceration if a defendant cannot meet bond requirements.
- Prohibits judicial officers from using relatives as sureties.
Who is affected
- Defendants charged with misdemeanors
- Judicial officers
- Prosecutors
- Defense attorneys
- Mental health providers
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