After nearly 20 years, professional bail bondsmen will be allowed back in Kanawha County.
Chief Kanawha Circuit Judge James Stucky said Wednesday he is preparing an order that will allow bail bondsmen to get people out of jail. The order should be filed by the end of the week, he said.
Judges will allow the bondsmen to work in Kanawha for a year, before reevaluating the issue, Stucky said.
Kanawha circuit judges barred the practice in 1998, after questions were raised about some of the bondsmen's lack of property value to secure some bonds. Stucky said, with that concern in mind, judges plan to have more oversight of the bondsmen.
The majority of Kanawha's seven circuit judges voted to allow the return of bondsmen, according to Stucky, but Judge Duke Bloom opposes the idea.
"There's still not going to be enough oversight," Bloom said Wednesday, urging his fellow judges to hold a public hearing before giving final approval.
The system creates a large potential for abuse, according to Bloom.
"I don't know what good can come of it," he said.
He added that it probably won't make it any easier for defendants charged with serious crimes to get out of jail.
"It's very expensive for people who are least able to afford it," he said. "It gives people the opportunity to do things to make people come to court that they probably shouldn't do."
Using property for bonds requires a justification of surety, which shows property ownership and its assessed value, from the County Clerk's Office. Those using cash have the option of either having the money returned when their case is completed or applying it toward a fine and costs.
People who are arrested may be given the option of posting 10 percent of their bail in cash or putting up their own property or another person's property to cover the bail.
Bail works in two ways: The full amount of the bail is posted by the defendant or on behalf of the defendant in what is called a cash bond. If the defendant attends all court dates, the cash bond amount is returned to the depositor, less any court costs, court fees, fines and other criminal penalties.
Stucky said anyone interested in serving as a professional bail bondsman would have to apply and get prior approval with judges. They would undergo a criminal background check, he said.
"We hope it's going to give defendants a third option to get out of jail," Stucky said.
Reach Kate White at kate.white@wvgazette.com, 304-348-1723 or follow @KateLWhite on Twitter.