West Virginia Senate Bill 135: Clarifying conditions for pretrial release and maximum bail amount for certain defendants

West Virginia · 2026 Regular Session

What it does

The purpose of this bill relates to pretrial release generally. The bill clarifies the right to pretrial release; clarifies maximum bail amount for charges for multiple misdemeanor offenses; defines terms; establishes that defendant has right to select method of securing bail; clarifies that personal recognizance bonds shall include an unsecured monetary amount; prohibits magistrate from setting cash only or property only bail; authorizes judicial officer to impose reasonably necessary conditions to assure defendant will appear as required, including releasing defendant on his or her own recognizance; clarifies that a magistrate may not release a defendant charged with a felony offense on his or her own recognizance on initial appearance; provides circumstances when a bail bond is not appropriate; provides circumstances when a magistrate has discretion to set a cash only bond; and makes technical corrections.

Latest action

To Judiciary (2026-01-14)

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