WV HB3431

Defines bail as security for a defendant's court appearance and requires judicial officers to make written findings applying 12 specific factors when setting bail, including offense gravity, criminal history, flight risk, and ability to pay

Establishes mandatory bail for defendants charged with non-life imprisonment offenses, while making bail discretionary for life imprisonment offenses and generally prohibited pending appeal for violent crimes or those involving firearms

Requires release on personal recognizance for most misdemeanors at first appearance, with exceptions for violent offenses, crimes against minors, drug offenses involving Schedule I/II narcotics or methamphetamine, sexual abuse, DUI, and certain theft-related crimes

Caps cash bail for misdemeanors at three times the maximum fine for the charged offense(s) and allows defendants to choose their form of bail (cash, recognizance, or bail bondsman) unless the court provides specific written justification for restricting that choice

Mandates a hearing within 5 days for any defendant who remains jailed on a misdemeanor after initial appearance, and requires both prosecutor and defense counsel to attend all subsequent bail hearings unless the defendant waives counsel's presence