WEST virginia legislature
2018 regular session
Introduced
House Bill 4173
By Delegate Summers
[Introduced January 18,
2018; Referred
to the Committee on the Judiciary.]
A BILL to amend and reenact §62-1C-1a and §62-1C-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §62-11F-4 of said code, all relating to bail in criminal cases; requiring the Supreme Court of Appeals of West Virginia to adopt an evidence-based standardized pretrial risk assessment to be used by a court or magistrate; requiring the court or magistrate to set bail at the minimum amount considered reasonable to ensure appearance of the defendant; and when the court or magistrate may set bail contrary to the pretrial risk assessment.
Be it enacted by the Legislature of West Virginia:
ARTICLE 1C. BAIL.
§62-1C-1a. Release upon own recognizance authorized.
Any other provision of this
article to the contrary notwithstanding, when from all the circumstances
pursuant to the pretrial risk assessment mandated by §62-11F-4
of this code, the court or magistrate
is of the opinion that the defendant or person arrested will appear as may be
required of him or her, either before or after conviction, such the
defendant or person arrested may be released upon his or her own
recognizance: Provided, That a court or magistrate may set bail
contrary to the findings of the pretrial risk assessment, and that order shall
be supported by written findings of facts and law.
§62-1C-3. Fixing of amount; bail may cover two or more charges.
The amount of bail shall be
fixed by the court or justice magistrate with and shall
be the minimum amount considered reasonable to ensure appearance. Consideration
shall be given to the seriousness of the offense charged, the previous
criminal record of the defendant, his or her financial ability, and the
probability of his or her appearance. When two or more charges are filed
or are pending against the same person at or about the same time, the bail
given may be made to include all offenses charged against the defendant.
ARTICLE 11F. PRETRIAL RELEASE PROGRAMS.
§62-11F-4. Pretrial release assessment.
The Supreme Court of
Appeals of West Virginia may shall adopt a an
evidence-based standardized pretrial risk assessment. The assessment
shall be for use by courts, magistrates, and pretrial release programs
prior to, or at the initial hearing, to aid in making pretrial decisions
under §62-1C-1
et seq. of this code.
NOTE: The purpose of this bill is to require the Supreme Court of Appeals of West Virginia to adopt an evidence-based standardized pretrial risk assessment to be used by a court or magistrate in determining bail. The bill requires the court or magistrate to base bail on the minimum amount considered reasonable to ensure appearance. And, the bill permits the court or magistrate to set bail contrary to the pretrial risk assessment, when supported by written findings of fact.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.