SB 135
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 expands the right to pretrial release, particularly for misdemeanor offenses, and establishes guidelines for determining appropriate bail amounts. The bill prohibits magistrates from setting bail solely in cash or property and allows judicial officers to impose conditions on release to ensure a defendant’s appearance in court. It also addresses technical corrections to existing code.
Key provisions
- Expands the right to pretrial release, particularly for certain misdemeanor offenses.
- Clarifies maximum bail amounts for multiple misdemeanor charges.
- Prohibits magistrates from setting bail solely in cash or property.
- Authorizes judicial officers to impose conditions of release, including release on own recognizance.
- Specifies circumstances when a bail bond is not appropriate.
- Allows magistrates to set cash-only bail under specific circumstances (e.g., drug offenses, certain crimes against persons).
- Requires a hearing to determine if conditions can be adjusted for defendants unable to meet secured bond requirements.
- Includes technical corrections to the existing code.
Who is affected
- Defendants facing criminal charges
- Magistrates and judges setting bail
- Public defenders and prosecutors
- Correctional facilities
- Victims of crime
Notable changes
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