CHARLESTON – Bail reform legislation to change how West Virginia magistrates set bond in misdemeanor criminal cases that passed the state House of Delegates will help fix a broken system, a civil liberties advocate said.
"While not perfect, this bill takes necessary first steps to fixing this inefficient and ineffective system. This is smart justice in action," Eli Baumwell, policy director for American Civil Liberties Union - West Virginia said during a The West Virginia Record email interview.
On Feb. 22, House Bill 4511 passed the West Virginia House of Delegates on a 94-4 vote. Nay voters on the bill were Delegates Jason Barrett (D - Berkeley), Tom Fast (R - Fayette), Kayla Kessinger (R - Fayette) and Jeffrey Pack (R - Raleigh). Pack was appointed by Gov. Jim Justice last month to fill the vacancy left in the 28th District seat when Republican John O'Neal became legislative liaison with the state's Justice Administration.
The introduced version of HB 4511, filed in the House Feb. 12, reworked how magistrates handle property or financial bail for the accused in misdemeanor cases. That's important because bail is intended to make sure the accused will show up for court proceedings, Baumwell said.
"When people accused of a crime are likely to show up for their trial and are not likely to re-offend, there should be no need for bail," he said.
"When there is a need, bail should be the minimum amount to ensure people show up. Instead, our bail system punishes the poor. Elected magistrates, eager to look tough on crime, set exorbitantly high bail regardless of someone's flight risk. As a result, the poor remain in jail and defendants with money get out."
The substitute committee version of the bill that advanced out of the Judiciary Committee late last week received additional language that more clearly spelled out when bond should be set in misdemeanor cases and when the accused should be released, but still permitted magistrates to use their own discretion.
West Virginia House Delegates John H. Shott (R-Mercer) and Roger Hanshaw (R-Clay), chairman and vice chairman respectively of the House Judiciary Committee, sponsored HB 4511. Other sponsors were Joe Carey Ellington Jr. (R-Princeton), Gary G. Howell (R - Mineral), Cindy Frich (R - Monongalia), Mark Zatezalo (R-Hancock) and William 'Bill' Anderson (R-Wood).
Passage of HB 4511 out of the state House will be good for counties and law enforcement, Baumwell said.
"Passing this will help ease the burden on counties and correction officers," he said.
"It will give poor people who have been charged with a crime the ability to keep their jobs and support their families while awaiting their day in court, and it'll create a judicial system that is more just."
But it's only the beginning, Baumwell said.
'"HB 4511 has to be a first step," he said. "The reforms it makes are crucial but minimum steps in reforming the bail system. The public must continue to press our legislature to look at further changes that can ensure that bail is applied fairly and is only used when it's necessary for public safety or flight risk."