State of West Virginia v. S.S., 16-0663

In July 2010 S.S. was arrested on attempted kidnapping, battery on a police officer, and obstructing an officer; a competency evaluation found him incompetent.
From November 2010 through 2011 S.S. was transferred among detention and psychiatric hospitals (Sharpe and Bateman) for competency restoration and treatment.
In September 2011 the circuit court found S.S. not criminally responsible due to mental illness and (erroneously) set a psychiatric commitment equal to the maximum aggregate sentence for the charged offenses (originally stated as 17 years).
In 2015 S.S. moved to correct the commitment term, arguing the maximum aggregate sentence was five years (three years attempted kidnapping + one + one), not seventeen; the court and State agreed and recommitted him to a five-year psychiatric commitment retroactive to August 10, 2011.
S.S. also sought credit for time he served incarcerated before the psychiatric commitment; the circuit court denied that request. He appealed; while the appeal was pending he completed his commitment and was discharged on August 10, 2016.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether S.S. is entitled to credit for pre-commitment jail time against his psychiatric commitment	S.S.: time incarcerated before commitment should be credited against the commitment term	State: credit statute applies to criminal sentences after conviction, not civil/commitment detentions following NGRI findings	Denied — commitment is not a criminal sentence following conviction; no statutory/constitutional right to credit for pre-commitment incarceration in this context
Whether the appeal is justiciable (mootness)	S.S.: seeks relief/credit despite discharge	State: discharge renders the request moot	Court: appeal is moot because S.S. completed commitment and was released; Court declines to decide the credit issue on merits

Chrystal R.M. v. Charlie A.L., 194 W.Va. 138 (1995) (standard of review for questions of law: de novo)
Walker v. West Virginia Ethics Comm’n, 201 W.Va. 108 (1997) (standards of review for findings and conclusions)
State v. Bruffey, 207 W.Va. 267 (2000) (appellate review standards cited)
State ex rel. Lilly v. Carter, 63 W.Va. 684 (1908) (mootness principle)
State v. Merritt, 221 W.Va. 141 (2007) (mootness reiterated)
State v. McClain, 211 W.Va. 61 (2002) (pre-conviction jail credit required under state constitutional protections for criminal sentences)
State v. Eilola, 226 W.Va. 698 (2010) (distinguishing criminal punishment and civil commitment; credit principles apply to convictions, not NGRI commitments)