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Chapter 62     Entire Code
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Chapter 62  |  Article 62 - 11F
WVC 62- CHAPTER 62. CRIMINAL PROCEDURE.

WVC 62 - 11 F- ARTICLE 11F. PRETRIAL RELEASE PROGRAMS.

WVC 62 - 11 F- 1 §62-11F-1. Applicability.

     This article applies to adults charged with one or more misdemeanors or felonies and who are incarcerated in a regional jail prior to adjudication due to their inability to post bond.

WVC 62 - 11 F- 2 §62-11F-2. Establishment of pretrial release programs.

     (a) Legislative findings and purpose. -- It is the purpose of pretrial release programs to employ recommendations from the Council of State Government's Justice Center's Analyses and Policy Options to Reduce Spending on Corrections and Reinvest in Strategies to Increase Public Safety, by providing for uniform statewide risk assessment and monitoring of those released prior to trial, facilitating a statewide response to the problem of overcrowded regional jails and costs to county commissions.

     (b) Any county, circuit or combination thereof that establishes a pretrial program pursuant to this article shall establish a local community pretrial committee that consists of:

     (1) A prosecutor, or his or her designee;

     (2) A county commissioner, or his or her designee;

     (3) A sheriff, or his or her designee;

     (4) An executive director of a community corrections program, or his or her designee;

     (5) A chief probation officer, or his or her designee; and

     (6) A member of the criminal defense bar.

     (c) Pretrial release programs may monitor, supervise and assist defendants released prior to trial.

     (d) Nothing in this article should be construed to prohibit a court from requiring a defendant to post a secured bond as a condition of pretrial release.

     (e) In addition to funding provided pursuant to subsection (c), section three of this article, pretrial release programs may be funded by appropriations made to the Supreme Court of Appeals for such purpose.

WVC 62 - 11 F- 3 §62-11F-3. Pretrial release program guidelines.

     (a) The Supreme Court of Appeals has complete oversight and authority over all pretrial services.

     (b) The Supreme Court of Appeals shall establish recommended guidelines for pretrial programs to use when ordering pretrial release for defendants whose pretrial risk assessment indicates that they are an appropriate candidate for pretrial release.

     (c) The Community Corrections Subcommittee of the Governor's Committee on Crime, Delinquency and Correction, pursuant to section two, article eleven-c of this chapter, shall approve policy and funding for the development, maintenance and evaluation of pretrial release programs. Any county, circuit or combination thereof that establishes a pretrial program intended to provide pretrial release services shall submit a grant proposal to the Community Corrections Subcommittee of the Governor's Committee on Crime, Delinquency and Correction for review and approval.

WVC 62 - 11 F- 4 §62-11F-4. Pretrial release assessment.

     The Supreme Court of Appeals of West Virginia may adopt a standardized pretrial risk assessment for use by pretrial release programs to aid in making pretrial decisions under article one-c of this chapter.

WVC 62 - 11 F- 5 §62-11F-5. Role of pretrial release programs.

     A pretrial release program established pursuant to this article shall:

     (1) Collect and present the necessary information, present risk assessment and make release recommendations to the court;

     (2) Present information to the court relating to the risk defendants may pose in failing to appear in court or of threatening the safety of the community or any other person and, consistent with court policy, develop release recommendations responding to risk;

     (3) Develop and provide appropriate and effective supervision for all persons released pending adjudication who are assigned supervision as a condition of release;

     (4) Monitor compliance of released defendants with the requirements of assigned release conditions;

     (5) Promptly inform the court of all apparent violations of pretrial release conditions or arrests of persons released pending trial, including those directly supervised by pretrial services as well as those released under other forms of conditional release, and recommend appropriate modifications of release conditions;

     (6) Coordinate the services of other agencies, individuals or organizations that may serve as custodians for released defendants, and advise the court as to their appropriateness, availability, reliability and capacity relating to pretrial release conditions;

     (7) Review the status of detained defendants on an ongoing basis for any changes in eligibility for release options and facilitate their release as soon as feasible and appropriate;

     (8) Develop and operate an accurate information management system to support prompt identification, information collections and presentation, risk assessment, release conditions selection, compliance monitoring and detention review functions essential to an effective pretrial release program; and

     (9) Remind persons released before trial of their court dates to attempt to facilitate their court appearance.

Note: WV Code updated with legislation passed through the 2016 Regular Session
The West Virginia Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.


Recent legislation affecting the Code

Citation Year/Session Short Title
§62 - 12 - 11 - (Amended Code)
SENATE BILL - 41
PASSED - Regular Session

SB41 enr  (Uploaded - 10/02/2017)
Extending time person may be subject to probation
§62 - 1 D- 2 - (Amended Code)
SENATE BILL - 233
PASSED - Regular Session

SB233 SUB1 enr  (Uploaded - 10/06/2017)
Excluding from protection oral communications uttered in child care center under Wiretapping and Electronic Surveillance Act
§62 - 7 - 10 - (Amended Code)
SENATE BILL - 455
PASSED - Regular Session

SB455 SUB1 enr  (Uploaded - 10/02/2017)
Relating generally to commitment of persons to custody of Commissioner of Corrections
§62 - 12 - 13 - (Amended Code)
§62 - 12 - 23 - (Amended Code)
SENATE BILL - 515
PASSED - Regular Session

SB515 SUB1 enr  (Uploaded - 10/02/2017)
Relating to parole requirements for hearings and release
§62 - 12 - 5 - (Amended Code)
SENATE BILL - 523
PASSED - Regular Session

SB523 SUB1 enr  (Uploaded - 10/02/2017)
Converting to biweekly pay cycle for state employees
§62 - 1 D- 8 - (Amended Code)
HOUSE BILL - 2318
PASSED - Regular Session

HB2318 SUB ENR  (Uploaded - 10/06/2017)
Relating generally to human trafficking
§62 - 11 B- 9 - (Amended Code)
HOUSE BILL - 2726
PASSED - Regular Session

HB2726 SUB ENR  (Uploaded - 10/06/2017)
Authorizing home incarceration officers to arrest participants for violating the terms and conditions of his or her supervision with or without a court order
§62 - 15 - 9 A - (New Code)
HOUSE BILL - 2766
PASSED - Regular Session

hb2766 ENR  (Uploaded - 10/06/2017)
Establishing a new special revenue fund, designated the Adult Drug Court Participation Fund
§62 - 6 B- 2 - (Amended Code)
§62 - 6 B- 6 - (New Code)
SENATE BILL - 504
PASSED - Regular Session

SB504 SUB1 enr  (Uploaded - 03/18/2016)
Relating to confidentiality of juvenile records
§62 - 15 A- 1 - (Amended Code)
§62 - 15 A- 2 - (Amended Code)
§62 - 15 A- 3 - (Amended Code)
HOUSE BILL - 4176
PASSED - Regular Session

HB4176 SUB ENR  (Uploaded - 03/18/2016)
Permitting the Regional Jail and Correctional Facility Authority to participate in the addiction treatment pilot program
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