West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-26 - Procedures Pertaining to the Dangerousness Assessment Advisory Board › Section 64-26-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
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-1
et 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 §
									49-4-727
et
				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.