West Virginia 2023 Regular Session Status: Passed Senate Bipartisan · 1 R · 1 D cosponsors

SB 681 — Clarifying that juvenile competency determination process extends to status offenders

Last action — To House Judiciary

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House of Delegates
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

59 added · 154 removed

Plain-language change summary

The revised version of SB 681 clarifies that the process for determining whether a juvenile is competent to stand trial includes those who are status offenders, not just those facing delinquency charges. It also specifies that there is no assumption of incompetence based solely on a juvenile's age. This matters because it ensures that all juveniles, regardless of their specific situation, are given a fair evaluation of their ability to understand legal proceedings and assist in their defense, which is crucial for justice.

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WEST VIRGINIA LEGISLATURE REGULAR SESSION Introduced Senate Bill 681 By Senators Deeds and Woelfel [Introduced February 20, 2023;
WEST VIRGINIA LEGISLATURE REGULAR SESSION Committee Substitute for Senate Bill 681 BYSENATORDEEDS ANW OELFEL [Originating in the Committee on the Judiciary;
referred to the Committee on the Judiciary] Intr SB 681 2023R3809 A BILL to amend and reenact §49-4-728, §49-4-729, §49-4-733, and §49-4-734 of the Code of West Virginia, 1931, as amended, all relating to clarifying that the juvenile competency determination process extends to status offenders.
reported on February 24, 2023] CS for SB 681 A BILL to amend and reenact §49-4-728, §49-4-729, and §49-4-734 of the Code of West Virginia, 1931, as amended, all relating to clarifying that the juvenile competency determination process extends to status offenders;
and clarifying that there is no presumption of incompetence based on age for status offenders.
As used in §49-4-727 through §49-4-734 of this code:
As used in §49-4-727 through §49-4-734, inclusive, of this code:
"Developmental immaturity" means a condition based on a juvenile’s chronological age and significant lack of developmental skills when the juvenile has no significant mental illness or intellectual disability.
"Developmental immaturity" means a condition based on a juvenile's chronological age and significant lack of developmental skills when the juvenile has no significant mental illness or intellectual disability.
"Mental illness" means a manifestation in a person of significantly impaired capacity to Intr SB 681 2023R3809 maintain acceptable levels of functioning in the areas of intellect, emotion, and physical well- being.
CS for SB 681 "Mental illness" means a manifestation in a person of significantly impaired capacity to maintain acceptable levels of functioning in the areas of intellect, emotion, and physical well- being.
"Qualified forensic evaluator" means a licensed psychologist or psychiatrist with the necessary education, training, and experience to perform juvenile competency evaluations, and who has been approved to render opinions for the court pursuant to the requirements of §49-4-729 of this code.
"Qualified forensic evaluator" means a licensed psychologist or psychiatrist with the necessary education, training, and experience to perform juvenile competency evaluations, and who has been approved to render opinions for the court, pursuant to the requirements of §49-4- 729 of this code.
(a) When the prosecuting attorney, the juvenile’s attorney, or the guardian ad litem has reasonable basis to believe that:
(a) When the prosecuting attorney, the juvenile's attorney, or the guardian ad litem has reasonable basis to believe that:
(1) A juvenile age 14 or older is incompetent to proceed in the delinquency or status offense action, that party shall file a motion for a determination of competency.
(1) A juvenile age 14 or older is incompetent to proceed in the delinquenaction, that party shall file a motion for a determination of competency.
(2) A juvenile under the age of 14 is competent to proceed in the delinquency or status offense action, the prosecuting attorney shall file a motion for determination of competency.
(2) A juvenile under the age of 14 is competent to proceed in the delinquency action, the prosecuting attorney shall file a motion for determination of competency.
(1) Find that there is compelling evidence that the juvenile is not competent to participate in the proceedings and dismiss the case pursuant to §49-4-727(d) of this code;
(1) Find that there is compelling evidence that the juvenile is not competent to participate in the proceedings and dismiss the case, pursuant to §49-4-727(d) of this code;
(2) Without conducting a hearing, find that there exists a reasonable basis to conduct a competency evaluation;
CS for SB 681 (2) Without conducting a hearing, find that there exists a reasonable basis to conduct a competency evaluation;
or Intr SB 681 2023R3809 (3) Schedule a hearing to determine whether there exists a reasonable basis to conduct a competency evaluation.
or (3) Schedule a hearing to determine whether there exists a reasonable basis to conduct a competency evaluation.
The court’s determination shall be announced no later than three judicial days after the conclusion of the hearing.
The court's determination shall be announced no later than three judicial days after the conclusion of the hearing.
(c) If the court determines there is a reasonable basis to order a competency evaluation pursuant to §49-4-731 of this code, or if the prosecutor and the juvenile’s attorney agree to the evaluation, the court shall order a competency evaluation.
(c) If the court determines there is a reasonable basis to order a competency evaluation pursuant to §49-4-731 of this code, or if the prosecutor and the juvenile's attorney agree to the evaluation, the court shall order a competency evaluation.
The court shall provide to the qualified forensic evaluator a copy of the petition and the names and contact information for the judge, prosecutor, juvenile’s attorney, and parents or legal guardians.
The court shall provide to the qualified forensic evaluator a copy of the petition and the names and contact information for the judge, prosecutor, juvenile's attorney, and parents or legal guardians.
(2) Within five judicial days after the court orders an evaluation, the prosecutor shall deliver to the evaluator copies of relevant police reports and other background information relevant to the juvenile that are in the prosecutor’s possession.
(2) Within five judicial days after the court orders an evaluation, the prosecutor shall deliver to the evaluator copies of relevant police reports and other background information relevant to the juvenile that are in the prosecutor's possession.
(3) Within five judicial days after the court orders an evaluation, the juvenile’s attorney shall deliver to the qualified forensic evaluator copies of police reports and other records including, but not limited to, educational, medical, psychological, and neurological records that are relevant to the evaluation and that are in the attorney’s possession.
(3) Within five judicial days after the court orders an evaluation, the juvenile's attorney shall deliver to the qualified forensic evaluator copies of police reports and other records including, but not limited to, educational, medical, psychological, and neurological records that are relevant to the evaluation and that are in the attorney's possession.
§49-4-733.
CS for SB 681 (d) For purposes of this article, there is no presumption of incompetence based on age for status offenders.
Procedure after determination of juvenile’s competency to participate in the proceedings.
(a) After a hearing pursuant to §49-4-732 of this code, if the court determines by a Intr SB 681 2023R3809 preponderance of the evidence that the juvenile is competent to proceed despite any presumption that may have applied, the delinquency or status offense proceedings shall resume as provided by law.
(b) If the court determines by a preponderance of the evidence that a juvenile is incompetent to proceed, but is likely to attain competency within a reasonable time with services, the court shall stay the proceedings and order the juvenile to receive services designated to assist the juvenile in attaining competency, based upon the recommendations in the competency evaluation report, unless the court makes specific findings that the recommended services are not justified.
The court shall order the juvenile’s parent or legal guardian to contact a court-designated provider by a specified date to arrange for services.
(1) The competency attainment services provided to a juvenile shall be based on the recommendations contained in the qualified forensic evaluator’s report described in §49-4-731(d) of this code, and are subject to the conditions and time periods required pursuant to this section measured from the date the court approves the plan.
(2) The court shall order that the competency attainment services ordered are provided in the least restrictive environment, taking into account the public safety and the best interests of the juvenile.
If the juvenile has been released on temporary orders and refuses or fails to cooperate with the service provider, the court may modify the orders to require a more appropriate setting for further services.
A juvenile may not be placed in a Bureau of Juvenile Services facility to receive competency attainment services.
Additionally, a juvenile presumed incompetent under §49-4- 727(c) of this code shall not be placed in a Bureau of Juvenile Services facility, except in compliance with §49-4-705 and §49-4-706 of this code, and corresponding Rules of Juvenile Procedure as adopted by the Supreme Court of Appeals of West Virginia.
(3) A juvenile shall not be required to participate in competency attainment services for longer than is necessary to attain competency or after the court determines that there is no reasonable likelihood that competency can be attained.
The following maximum time limits apply Intr SB 681 2023R3809 to the participation of a juvenile:
(A) A juvenile charged with an act which would constitute a misdemeanor or nonviolent felony if committed by an adult shall not be required to participate in competency attainment services beyond his or her 19th birthday and there shall be a rebuttable presumption that competency is not attainable if the juvenile has not attained competency after 90 days of services.
(B) A juvenile charged with an act which would constitute a felony crime of violence if committed by an adult shall not be required to participate in competency attainment services beyond his or her 21st birthday and there shall be a rebuttable presumption that competency is not attainable if the juvenile has not attained competency after 180 days of services.
(4) Not later than 10 judicial days after the court orders competency attainment services, the department shall identify the appropriate entity and location to provide those services.
(5) Within 10 judicial days after the department identifies the appropriate entity and location, the provider responsible for the juvenile’s competency attainment services shall commence.
The court shall deliver to that provider:
(A) The name and address of the juvenile’s counsel;
(B) A copy of the juvenile’s petition;
(C) A copy of the competency evaluation report;
(D) The name, address, and phone number of the juvenile’s parents or legal guardian;
(E) The name of the department’s caseworker, if any;
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and (F) Any other relevant documents or reports concerning the juvenile’s health that have come to the attention of the court.
(c) The court shall order and conduct review hearings no less often than every 90 days as determined appropriate by the court.
The multidisciplinary team shall meet prior to any review hearing and provide a written status report to the court prior to the hearing.
Unless sooner ordered by the court, the qualified forensic evaluator shall submit a report to the court prior to any review hearing, and upon completion or termination of services, and shall include the following:
Intr SB 681 2023R3809 (1) The services provided to the juvenile, including medication, education, and counseling;
(2) The likelihood that the competency of the juvenile to proceed will be restored within the applicable period of time set forth in subdivision (3), subsection (b) of this section;
and (3) The progress made toward the goals and objectives for the restoration of competency identified in the recommendations from the competency evaluation adopted by the court.
(d) The provider responsible for the juvenile’s competency attainment services shall report to the court within three judicial days if he or she determines that:
(1) The juvenile is failing to cooperate, and the lack of cooperation is significantly impeding or precluding the attainment of competency;
or (2) The current setting is no longer the least restrictive setting that is consistent with the juvenile’s ability to attain competency taking into account public safety and the best interests of the juvenile.
The provider shall include in the report an assessment of the danger the juvenile poses to himself, herself or others and an assessment of the appropriateness of the placement.
(e) The provider responsible for the juvenile’s competency attainment services shall request a subsequent evaluation when the provider has reason to believe:
(1) The juvenile has achieved the goals of the plan and would be able to understand the nature and objectives of the proceedings against him or her, to assist in his or her defense, and to understand and appreciate the consequences that may be imposed or result from the proceedings with or without reasonable accommodations;
and or (2) The juvenile will not achieve the goals of the plan within the applicable period of time pursuant to subdivision (3), subsection (b) of this section.
(f) The evaluator shall assess the observation of the provider and provide a written report to the court within 10 days of receiving a report from the provider pursuant to subsection (e) of this section.
(g) The court shall provide copies of any report made by the provider to the prosecuting attorney, the juvenile’s attorney, the juvenile's case worker, and the juvenile’s guardian ad litem, if Intr SB 681 2023R3809 any.
The court shall provide copies of any reports made by the provider to the juvenile’s parents or legal guardians, unless the court finds that doing so is not in the best interest of the juvenile.
(h) Within 15 judicial days after receiving an evaluator’s report, the court may hold a hearing to determine if new, additional, or further orders are necessary.
(i) If the court determines that the juvenile is not making progress toward competency or is so uncooperative that attainment services cannot be effective, the court may order a change in setting or services that would help the juvenile attain competency within the relevant period of time as set forth in subdivision (3), subsection (b) of this section.
(a) If the court determines that the juvenile has attained competency, the court shall proceed with the delinquent juvenile’s delinquency or status offense proceeding in accordance with this article.
(a) If the court determines that the juvenile has attained competency, the court shall proceed with the delinquent juvenile's delinquency or status offense proceeding in accordance with this article.
(b) After a hearing pursuant to §49-4-732 of this code, if the court determines by the preponderance of the evidence that the juvenile is incompetent to proceed and cannot attain competency within the period of time set forth in §49-4-733(b)(3) of this code, the court may dismiss the petition without prejudice, or may take the following actions or any combination thereof the court determines to be in the juvenile’s best interest and the interest of protecting the public:
(b) After a hearing pursuant to §49-4-732 of this code, if the court determines by the preponderance of the evidence that the juvenile is incompetent to proceed and cannot attain competency within the period of time, set forth in §49-4-733(b)(3) of this code, the court may dismiss the petition without prejudice, or may takethe following actions or any combination thereof the court determines to be in the juvenile's best interest and the interest of protecting the public:
(2) Refer the juvenile to the department for services pursuant to §49-4-712 of this code.
(2) Refer the juvenile to the department for services, pursuant to §49-4-712 of this code.
(3) Place the juvenile in the custody of his or her parents or other suitable person or private or public institution or agency under terms and conditions as determined to be in the best interests Intr.
(3) Place the juvenile in the custody of his or her parents or other suitable person or private or public institution or agency under terms and conditions as determined to be in the best interests of the juvenile and the public, which the conditions may include the provision of out-patient services by any suitable public or private agency;
SB 2023R3809 of the juvenile and the public, which conditions may include the provision of out-patient services by any suitable public or private agency;
or (4) Upon motion by the prosecuting attorney, stay the proceeding for no more than 20 days to allow the prosecuting attorney to initiate proceedings for civil commitment, pursuant to §27-5-1 et seq.
or (4) Upon motion by the prosecuting attorney, stay the proceeding for no more than 20 days to allow the prosecuting attorney to initiate proceedings for civil commitment pursuant to §27-5-1 et seq.
of this code, if the juvenile has attained majority.
of this code if the juvenile has attained majority.
CS for SB 681 (c) A circuit court may, sua sponte or upon a motion by any party direct that a dangerous assessment be performed prior to directing the resolutions set forth in subsection (b) of this section.
(c) A circuit court may, sua sponte or upon a motion by any party direct that a dangerous assessment be performed prior to directing the resolutions set forth in subsection (b) of this section.
NOTE:
The purpose of this bill is to clarify that the juvenile competency determination process extends to status offenders.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
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Action History

  1. To House Judiciary

  2. To Judiciary

  3. Introduced in House

  4. Ordered to House

  5. Effective from passage (Roll No. 321)

  6. Passed Senate (Roll No. 321)

  7. Read 3rd time

  8. On 3rd reading

  9. Read 2nd time

  10. On 2nd reading

  11. Read 1st time

  12. On 1st reading

  13. Committee substitute reported

  14. To Judiciary

  15. Introduced in Senate

  16. To Judiciary

  17. Filed for introduction

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 150 not signed on

Sponsors (1)

Co-sponsors (1)

Not signed on (150)

150 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passage

Passed 33 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 16000
Unaffiliated 16001
Democrat 1000
Total 33001
% of votes cast 97%0%0%3%
How each member voted (34)
Member Party Vote
MARONEY — Yea
STOVER — Not Voting
MARTIN — Yea
STUART — Yea
BOLEY — Yea
SWOPE — Yea
CAPUTO — Yea
NELSON — Yea
PHILLIPS — Yea
PLYMALE — Yea
TRUMP — Yea
HAMILTON — Yea
HUNT — Yea
JEFFRIES — Yea
SMITH — Yea
MR PRESIDENT — Yea
KARNES — Yea
Mike Woelfel Democrat Yea
Amy Grady Republican Yea
Ben Queen Republican Yea
Charles H. Clements Republican Yea
Eric Tarr Republican Yea
Jack Woodrum Republican Yea
Jason Barrett Republican Yea
Jay Taylor Republican Yea
Laura Wakim Chapman Republican Yea
Mark R. Maynard Republican Yea
Mike Azinger Republican Yea
Mike Oliverio Republican Yea
Patricia Rucker Republican Yea
Rollan A. Roberts Republican Yea
Ryan Weld Republican Yea
Tom Takubo Republican Yea
Vince Deeds Republican Yea

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Subjects

civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 681?
SB 681 is sponsored by Vince Deeds (Republican) and Mike Woelfel (Democrat).
What is the current status of SB 681?
This bill died with 2023 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 681?
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