West Virginia HB 2066: Establishing an alternative methodology for pretrial release of persons charged with crimes

Bill Text

HB 2066 Text

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Introduced Version

« House Bill 2066 History

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 Key: Green = existing Code. Red = new code to be enacted

WEST virginia legislature

2019 regular session

Introduced

House Bill 2066

By Delegates Sponaugle, Miller and Caputo

[Introduced January 9, 2019; Referred

to the Committee on the Judiciary.]

A BILL to amend and reenact §62-1C-1 of the Code of West 
Virginia, 1931, as amended; and to amend said code by adding thereto a new 
section, designated §62-1C-1b, all relating to establishing an alternative 
methodology for pretrial release of persons charged with crimes.

Be it enacted by the Legislature of West Virginia:

ARTICLE 1C. BAIL.

§62-1C-1. Right to bail; exceptions; review.

(a) A person arrested for an offense not punishable by 
life imprisonment shall be admitted to bail by the court or magistrate. A 
person arrested for an offense punishable by life imprisonment may, in the 
discretion of the court that will have jurisdiction to try the offense, be 
admitted to bail: Provided, That upon promulgation of a rule 
by the Supreme Court pursuant to §62-1C-1b of this code, bail or other 
financial condition shall not be imposed for pretrial detention, unless the 
court or magistrate determines, pursuant to criteria promulgated by rule, that 
a serious risk exists that the defendant will flee, or, there is a serious risk 
that the defendant will obstruct or attempt to obstruct justice, or threaten, 
injure, or intimidate, or attempt to threaten, injure or intimidate, a 
prospective witness or juror.

(b) Pretrial release with or without bail may be 
allowed pending appeal from a conviction, except that pretrial release with 
or without bail shall not be granted where the offense is punishable by 
life imprisonment or where the court has determined from the evidence at the 
trial or upon a plea of guilty or nolo contendere that the offense was 
committed or attempted to be committed with the use, presentment or brandishing 
of a firearm or other deadly weapon, or by the use of violence to a person: Provided, 
That the denial of bail under one of these exceptions may be reviewed by 
summary petition to the Supreme Court of Appeals or any justice thereof, and 
the petition for bail may be granted where there is a likelihood that the 
defendant will prevail upon the appeal. The court or judge allowing bail 
pending appeal may at any time revoke the order admitting the defendant to 
bail.

(c) The amount of bail or the discretionary denial of bail 
pretrial release at any stage of the proceedings may be reviewed by 
summary petition first to the lower appellate court, if any, and thereafter by 
summary petition to the Supreme Court of Appeals or any judge thereof.

§62-1C-1b. Removal of 
presumption of bail requirement for pretrial release upon promulgation of rule 
by the Supreme Court; alternative requirements for bail once rule promulgated; 

(a) Legislative intent -- Pretrial detention of 
defendants is a costly expense to county governments, and pretrial bail is 
often not posted because low income defendants have no access to money or 
assets. This results in a disproportionate percentage of low income persons 
being held in pretrial detention that would otherwise be released. Further, 
for low level felony offenses, when a defendant is subsequently found or pleads 
guilty, in many cases the time served in jail pretrial is the only or a 
majority of the time served for the crime, and in effect results in counties paying 
the entire cost of the defendant’s incarceration, and not the state, as the law 
requires for those so convicted. An alternative system for determining 
eligibility for pretrial release for persons charged with crimes that is less 
costly and still protects the public can be achieved by changing the process of 
evaluation for pretrial release. In certain instances, providing an