West VirginiaWest Virginia



Competency/ Insanity


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



Special Rules




Death Penalty

West Virginia does not have the death penalty. 


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