Introduced Version
House Bill 2084 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2084
(By Delegate P. Smith)
[Introduced February 13, 2013; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §27-6A-11 of the Code of West Virginia,
1931, as amended, relating to providing forensic evaluators
with civil immunity for acts committed by the subject of the
evaluation.
Be it enacted by the Legislature of West Virginia:
That §27-6A-11 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 6A. COMPETENCY AND CRIMINAL RESPONSIBILITY OF PERSONS
CHARGED OR CONVICTED OF A CRIME.
§27-6A-11. Payment to forensic Forensic evaluators; civil _
__________ immunity.
(a) The department shall pay qualified forensic evaluators for
all matters related to conducting a court-ordered forensic
evaluation. The department shall develop and implement a process for prompt payment to qualified forensic evaluators. The
department shall establish policies and procedures for establishing
a maximum rate schedule for each of the four evaluation types
(competency to stand trial, criminal responsibility, diminished
capacity, dangerousness) to include all efforts towards the
completion of each evaluation such as scheduling and administrative
tasks, record review, psychological and other testing, interviews,
report writing, research, preparation and consultation. Such
policies and procedures shall include input from provider
representatives as necessary and appropriate. Any rate schedule
shall be fair and reasonable. The department shall consider
requests for payment in excess of established rates or other
expenses for good cause shown.
(b) A forensic evaluator who performs a dangerous assessment
evaluation pursuant to the provisions of section three or section
four of this article, may not be held civilly liable for acts
committed by the subject of the evaluation.
NOTE: The purpose of this bill is to provide civil immunity
for forensic evaluators for acts committed by the subject of the
evaluation. The bill creates parity with other judicial
participants.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.