(a) The commissioner may continue and establish diagnostic and classification subdivisions.(b) Notwithstanding any provision of this code to the contrary, all persons committed to the custody of the division for presentence diagnosis and classification, and all persons sentenced to the custody of the division shall, upon transfer to the division, undergo diagnosis and classification, which shall include: (1) Assessments of a person’s criminogenic risk and need factors that are reliable, validated, and normed for a specific population and responsive to cultural and gender-specific needs as well as individual learning styles and temperament; (2) Application of a mental health preliminary screen; and (3) If the mental health preliminary screen suggests the need for further assessment, a full psychological evaluation. (c) The division shall perform mental health preliminary screens, appraisals, and evaluations according to standards provided by the American Correctional Association.
West Virginia Legal Code