Senate quietly resurrects bill that would prevent judges from releasing defendants charged with a felony without bail

Senators are trying to breathe new life into a bill that critics say would lead to more people sitting in jail awaiting trial after a House Committee overwhelmingly rejected the legislation last week.

SB 725 would’ve stripped magistrates — who generally see someone first after they are arrested and set bond — of the power to release defendants charged with a felony on a personal recognizance bond, which is when they’re cut loose pretrial without paying a bail.

Many felonies — like murder, rape and burglary — almost always result in a defendant having to post bond or held without bond. But there are other crimes where people are released on a PR bond, such as third-offense shoplifting and forging a signature on a check.

The West Virginia Center on Budget and Policy found during a single month in Kanawha County magistrate court, a PR bond was set in nearly a quarter of the 103 felony cases seen by a magistrate.

Sara Whitaker, a criminal justice analyst for the center, said the bill would result in overpopulation at regional jails, citing the numbers she saw in just Kanawha County.

“What we are absolutely certain this is going to cause is more people to be held in jail because they cannot afford them a money bond,” she said.

Only last week, SB 725 seemed dead after it came before the House Judiciary Committee. Del. Hollis Lewis, D-Kanawha, and Del. Keith Marple, R-Harrison, both former magistrates, said those lower court judges are usually most familiar with repeat offenders coming before them and are in the best position to set a reasonable bond.

As lawmakers discussed the bill, its lead sponsor, Sen. Jason Barrett, R-Berkeley, sat in the  back room, pouting as lawmakers criticized his bill.

When committee vice chair David Kelly, R-Tyler, teed up the bill to a vote, only one delegate said aye and the rest resoundingly said “no.”

Barrett stormed out of the room, whispering something to a few delegates in the back. They laughed.

But on Tuesday, the measure was resurrected when the Senate Committee on Government Organization amended Barrett’s bill into another bill dealing with pay for court employees. While legislative lawyers explained the effect on the pay for court employees, no one mentioned the addition of the bail bill language.

The combined bill is now working its way through the Senate.

Senate quietly resurrects bill that would prevent judges from releasing defendants charged with a felony without bail appeared first on Mountain State Spotlight , West Virginia's civic newsroom.