House 4609

WEST VIRGINIA LEGISLATURE

2026 REGULAR SESSION

Introduced

House Bill 4609

By Delegate Hornby

[Introduced January 20, 2026; referred to the Committee on the Judiciary]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §62-1C-17d, relating to bail; and allowing magistrates under certain circumstances to order mental evaluations.

Be it enacted by the Legislature of West Virginia:

ARTICLE 1C. BAIL.

§62-1C-17d. Mental health evaluation prior to setting bail; purpose; report.

Prior to setting bail, a magistrate or judge may order a defendant charged with §48-27-903 (violation of protective order); or §53-8-11 (violation of personal safety order); or §61-6-24 (threats of terroristic acts) to undergo a mental health evaluation performed by a mental health provider licensed by the state. The purpose of this evaluation is 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's issuance. Once the evaluation is completed, the examiner must, within 48 hours, issue a report to the magistrate. A magistrate or judge shall hold a bond hearing within five days of receiving the report.

NOTE: The purpose of this bill is to allow magistrates, under certain circumstances, to order mental evaluations.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.