27-6A-1 Qualified forensic evaluator; qualified forensic psychiatrist; qualified forensic psychologist; definitions and requirements
27-6A-2 Competency of defendant to stand trial; cause for appointment of qualified forensic evaluator; written report; observation period; rules
27-6A-3 Competency of defendant to stand trial determination; preliminary finding; hearing; evidence; disposition
27-6A-4 Criminal responsibility or diminished capacity evaluation; court jurisdiction over persons found not guilty by reason of mental illness
27-6A-5 Release of acquittee to less restrictive environment; discharge from jurisdiction of the court; conditional release; and commitment
27-6A-6 Judicial hearing of defendant’s defense other than not guilty by reason of mental illness
27-6A-7 Release of defendant during course of criminal proceedings
27-6A-8 Credit for time; expenses
27-6A-9 Competency to be adjudicated in juvenile court
27-6A-10 Medications and management of court-ordered individuals
27-6A-11 Payment to forensic evaluators
27-6A-12 Development of a strategic plan for a Sequential Intercept Model to divert adults and juveniles with mental illness, developmental disabilities, cognitive disabilities, and substance use disorders away from the criminal justice system into treatment and t
27-6A-13 Dangerousness Assessment Advisory Board

Terms Used In West Virginia Code > Chapter 27 > Article 6A - Competency and Criminal Responsibility of Persons Charged or Convicted of a Crime

  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Judgment: includes decrees and orders for the payment of money, or the conveyance or delivery of land or personal property, or some interest therein, or any undertaking, bond or recognizance which has the legal effect of a judgment. See West Virginia Code 2-2-10
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Offense: includes every act or omission for which a fine, forfeiture, or punishment is imposed by law. See West Virginia Code 2-2-10
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
  • Subpoena: A command to a witness to appear and give testimony.
  • substance: means alcohol, controlled substances as defined in sections §. See West Virginia Code 27-1-11
  • Summons: Another word for subpoena used by the criminal justice system.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Verdict: The decision of a petit jury or a judge.