West VirginiaWest Virginia


 

 


Competency/ Insanity

Competency

Whenever a court has reasonable grounds to believe that the defendant may be incompetent to stand trial, it must order an evaluation. Procedure for competency evaluation. W. Va. Code §27-6A-2

Insanity

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Special Rules

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Sentencing

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Death Penalty

West Virginia does not have the death penalty. 

Post-Conviction 

Procedure for determining whether an I/DD inmate is best served by being in a correctional facility or elsewhere; hearing and evaluation. W. Va. Code § 28-5-31

Those found not guilty by reason of insanity must register as a sex offender if they would otherwise be required; they must be informed of their obligations.  W. Va. Code § 15-12-2