Bill > HB2436

This bill modifies existing law regarding pretrial release and bond conditions by adding a new provision that allows magistrates and judges to order mental health evaluations for defendants charged with specific domestic violence, protective order violation, and terroristic threat offenses before setting bail. Under this new provision, when a defendant is charged with these particular offenses, the judicial officer may require a mental health evaluation by a licensed provider to determine if the defendant needs mental health treatment or counseling as a condition of bond. The evaluation must be scheduled within 10 days of the order and the examiner must submit a report to the magistrate within 48 hours of completion. Following the evaluation, the magistrate or judge is required to hold a bond hearing within five days of receiving the mental health evaluation report. This approach aims to assess potential mental health needs that might be relevant to a defendant's bond conditions and potentially provide an opportunity for intervention or treatment alongside standard legal proceedings.

Justice

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=2436&year=2025&sessiontype=RS&btype=bill