West Virginia Code § 61-7A-3

Persons whose names are to be supplied to the central state mental
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health registry.
(a) The Superintendent of the West Virginia State Police and the Secretary of the
Department of Human Services, or their designees, shall cooperate with the circuit clerk of
each county and Administrator of the West Virginia Supreme Court of Appeals in compiling
and maintaining a database containing the names and identifying informatioen of persons
who have been adjudicated to be mentally defective or who have been committed to a mental
institution. The registry shall be maintained by the Administrator of ther Supreme Court of
Appeals or the superintendent of the West Virginia State Police.
(b) The name of any person who has been adjudicated to be mentally defective or who has
been committed to a mental institution shall be provided to tthe Administrator of the
Supreme Court of Appeals or the Superintendent of the West Virginia State Police for
inclusion in the central state mental health registry. Upon receipt of the information being
received by the central state mental health registry it may be transmitted to the National
Instant Criminal Background Check System and to county sheriffs;
(c) The Secretary of Department of Human Services and the circuit clerk of each county
shall, as soon as practicable after the effective date of this article, supply to the
Administrator of the Supreme Courtg of Appeals or the Superintendent of the West Virginia
State Police for inclusion in the central state mental health registry the name and identifying
information required by the preovisions of subsection (d) of this section of all persons covered
by the provisions of this article and shall on an ongoing basis continue to provide such
information as it is deveLloped;
(d) The central state mental health registry shall contain the name, address at the time of
commitment or adjudication, date of birth, date of commitment or adjudication of all persons
who have been adjudicated to be mentally defective or who have been committed to a mental
institution.
(e) The central state mental health registry shall provide only such information about a
person on the registry to county sheriffs and the National Instant Criminal Background
Check System as is necessary to identify registrants; and
(f) On or before January 1, 2010, the central state mental health registry shall contain the
name, address at the time of commitment or adjudication, date of birth, date of commitment
or adjudication and any other identifying characteristics of all persons who have been
adjudicated to be mentally defective or who have been committed to a mental institution .
Under no circumstances shall the registry contain information relating to any diagnosis or
treatment provided.
(g) To the extent the central state mental health registry contains the names of any children
under fourteen years of age on the effective date of this article, the Administrator of the
West Virginia Supreme Court of Appeals shall take whatever steps are necessary to remove
those individuals from the central state mental health registry.

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