(a) The West Virginia Supreme Court of Appeals is hereby authorized to develop pilot pretrial release programs in up to five circuits with the aim of reducing regional jail populations of short-term detainees while ensuring the safety of law-abiding citizens.
(b) The programs authorized by subsection (a) of this section shall be available only to persons charged with misdemeanors and nonviolent felonies.
(c) Any program developed pursuant to this section shall require input from arresting officers and shall allow for telephone authorization by magistrates of a charged person's participation.
(d) In developing the pilot programs in the state for examples of successful practices authorized by this section the Court is requested to review any existing programs.
(e) The provisions of this section shall be in effect for three years from the effective date of this section.
(f) The Supreme Court of Appeals is hereby requested to provide annual reports to the President of the Senate and the Speaker of the House of Delegates as to the efficacy of the programs.
Structure West Virginia Code
Chapter 62. Criminal Procedure
Article 12. Probation and Parole
§62-12-1. Courts Having Authority to Place Offenders on Probation
§62-12-2. Eligibility for Probation
§62-12-3. Suspension of Sentence and Release on Probation
§62-12-4. Probation of Offenders Convicted in Courts Other Than Courts of Record
§62-12-5. Probation Officers and Assistants
§62-12-6. Powers and Duties of Probation Officers
§62-12-7. Pretrial and Preliminary Investigation; Report on Prospective Probationers
§62-12-8. Record of Order as to Release on Probation
§62-12-9. Conditions of Release on Probation
§62-12-10. Violation of Probation
§62-12-12. Parole Board Generally
§62-12-12a. Parole Board Panels
§62-12-13. Powers and Duties of Board; Eligibility for Parole; Procedure for Granting Parole
§62-12-13a. Eligibility Date for Parole
§62-12-13b. Special Parole Considerations for Persons Convicted as Juveniles
§62-12-13c. Authority of Commissioner to Establish a Nonviolent Offense Parole Program
§62-12-17. Conditions of Release on Probation and Parole
§62-12-18. Period of Parole; Discharge
§62-12-19. Violation of Parole
§62-12-20. To Whom Article Applies
§62-12-21. Repeal of Inconsistent Laws;"director" Construed to Mean "board."
§62-12-22. Appointment of Counsel for Parole Violators; Authority to Appoint; Payment of Counsel
§62-12-24. Request to Continue for Good Cause and Timely Notice Required
§62-12-27. Mandatory Prerelease Risk Assessment of Certain Sex Offenders
§62-12-28. Authorizing Supreme Court to Develop Pilot Pretrial Release Programs