W. Va. Code R. § 64-26-3

Current through Register Vol. XLI, No. 43, October 25, 2024
Section 64-26-3 - Definitions
3.1. Administrator. -- The person selected by the chairperson of the board to oversee the administrative affairs of the board and to facilitate the operation of the board to promote the provision of objective expertise to circuit court judges.
3.2. Board. -- The Dangerousness Assessment Advisory Board created pursuant to W. Va. Code § 27-6A-13 to provide opinion, guidance, and informed objective expertise to circuit courts as to the appropriate level of custody or supervision necessary to ensure that persons who have been judicially determined to be incompetent to stand trial and not restorable or not guilty by reason of mental illness are in the least restrictive environment available to protect the person, other persons and the public generally.
3.3. Case Referral. -- A written request by a circuit court judge by order or other writing that seeks opinion, guidance, or objective expertise from the board regarding the proposed placement plan or the proposed less restrictive placement of a forensic patient.
3.4. Chairperson -- The person nominated by the board at which a quorum is present and who is a board-certified forensic psychiatrist as defined by W. Va. Code § 27-6A-13(a)(6) or a forensic psychologist as defined by W. Va. Code § 27-6A-13(a)(7).
3.5. Evaluation. -- A forensic competency evaluation, forensic criminal responsibility evaluation, dangerousness risk assessment, or any forensic evaluation of a forensic patient.
3.6. Forensic Placement Audit. -- When considering case referrals or providing guidance otherwise requested by circuit court judges, the board may identify placement obstacles or barriers and develop one or more recommendations for review and consideration by the secretary, the court, or the Legislative Oversight Commission on Health and Human Resources Accountability to potentially redress such obstacles or barriers and to promote appropriate less restrictive placements.
3.7. Forensic Patient. -- A person who has been found incompetent to stand trial and not restorable or not guilty by reason of mental illness in accordance with W. Va. Code § 27-6A-1et seq. and who has been committed to or ordered to be placed at a mental health facility, jail, correctional facility, or other location. Forensic patients may also include juveniles subject to W. Va. Code § 49-4-727et al.
3.8. Medical Director. -- The chief medical officer of William R. Sharpe, Jr., Hospital as defined by W. Va. Code § 27-1-13 who convenes a meeting of the board in accordance with W. Va. Code § 27-6A-13(c).
3.9. Mental Health Facility. -- A mental health facility as defined by W. Va. Code § 27-1-9.
3.10. Secretary. -- The secretary of the Department of Health and Human Resources.

W. Va. Code R. § 64-26-3