West Virginia Code Chapter 61. Crimes and Their Punishment § 61-7A-2. Definitions

(1) “A person adjudicated as a mental defective” means a person who has been determined by a duly authorized court, tribunal, board or other entity to be mentally ill to the point where he or she has been found to be incompetent to stand trial due to mental illness or insanity, has been found not guilty in a criminal proceeding by reason of mental illness or insanity or has been determined to be unable to handle his or her own affairs due to mental illness or insanity. A child under fourteen years of age is not considered “a person adjudicated as a mental defective” for purposes of this article.

(2) “Committed to a mental institution” means to have been involuntarily committed for treatment pursuant to the provisions of § 27-5-4(l) of this code. Children under 14 years of age are not considered “committed to a mental institution” for purposes of this article. “Committed to a mental institution” does not mean voluntary admission for mental health treatment.

(3) “Mental institution” means any facility or part of a facility used for the treatment of persons committed for treatment of mental illness.