H. B. 3258
(By Delegate Smith)
[Introduced February 21, 2011; 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 that 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.