WEST VIRGINIA LEGISLATURE
2024 REGULAR SESSION
Enrolled Committee Substitute for Senate Bill 632
BY SENATORS TRUMP, DEEDS, AND RUCKER
[Passed March 9, 2024; in effect from passage]
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1 AN ACT to amend and reenact §27-6A-12 of the Code of West Virginia, 1931, as amended,
2 relating to continuing the study group on development of a strategic plan for a sequential
3 intercept model to divert certain individuals away from the criminal justice system into
4 treatment and to promote continuity of care and interventions; specifying individuals with
5 brain injuries included among populations to be included in study; updating membership
6 of the study group; continuing the study group; requiring supplemental and annual
7 reporting; establishing a steering committee within the study group; and providing authority
8 of steering committee.
Be it enacted by the Legislature of West Virginia:
ARTICLE 6A. COMPETENCY AND CRIMINAL RESPONSIBILITY OF PERSONS
CHARGED OR CONVICTED OF A CRIME.
§27-6A-12. Development of a strategic plan for a sequential intercept model to divert adults and juveniles with mental illness, developmental disabilities, cognitive disabilities,
and substance use disorders away from the criminal justice system into treatment and to promote continuity of care and interventions; directing submission of a report to the Legislature.
1 (a) The Legislature finds that the state’s adult and juvenile forensic patient populations
2 continue to increase and that the placement of forensic patients at state health care facilities,
3 diversion facilities, group homes, transitional living facilities, in the community, and other settings
4 continues to rapidly escalate. The Legislature further finds that persons with mental illness,
5 developmental disabilities, cognitive disabilities including, but not limited to, brain injuries, and/or
6 substance use disorder may be overrepresented in the criminal justice system, and many of these
7 people might not present a danger to the public if they could participate in a functioning community
8 behavioral health continuum of care. The Legislature further finds that the increasing adult and
9 juvenile forensic patient populations, the placement and treatment of adult and juvenile forensic
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10 patients, and the release of persons with mental illness, developmental disabilities, and other
11 disabilities creates significant clinical, public safety, staffing, and fiscal needs and burdens for the
12 judiciary, law enforcement, state health care facilities, correctional facilities, behavioral health
13 professionals, hospitals, and the public. The Legislature further finds that there is a need for
14 improved coordination among the Department of Human Services, the Department of Health
15 Facilities, the Division of Corrections and Rehabilitation, and the Division of Rehabilitation
16 Services to promote the identification, safe discharge, and effective community intervention and
17 placement of persons who suffer from mental illness, a developmental disability, a cognitive
18 disability including, but not limited to, a brain injury, and/or substance use disorder. The
19 Legislature further finds that there is a need to develop functional standards and protocols for the
20 identification, management, qualified assessment, and treatment of adult and juvenile forensic
21 patients.
22 (b) The Chairman of the Dangerousness Assessment Advisory Board shall convene a
23 multi-disciplinary study group of the following persons:
24 (1) The Statewide Forensic Clinical Director;
25 (2) The Statewide Forensic Coordinator;
26 (3) The two forensic psychiatrists who are members of the Dangerousness Assessment
27 Advisory Board;
28 (4) The two psychologists who are members of the Dangerousness Assessment Advisory
29 Board;
30 (5) The Director of the Office of Drug Control Policy within the Department of Human
31 Services;
32 (6) A designee of the Supreme Court of Appeals;
33 (7) A designee of the Bureau for Social Services within the Department of Human Services
34 with experience in juvenile forensic matters;
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35 (8) A designee of the Division of Corrections and Rehabilitation within the Department of
36 Homeland Security;
37 (9) A designee of the Division of Rehabilitation Services within the Department of
38 Commerce;
39 (10) A designee of the Prosecuting Attorneys Institute;
40 (11) A designee of the Public Defender Services;
41 (12) A designee of the West Virginia Behavioral Healthcare Providers Association who is
42 a licensed clinician with forensic patient experience;
43 (13) A designee of the West Virginia Hospital Association;
44 (14) A designee of the West Virginia Housing Development Fund;
45 (15) A designee of Disability Rights of West Virginia;
46 (16) A designee of the West Virginia Sheriff’s Association;
47 (17) A designee of the Juvenile Justice Commission;
48 (18) A designee of the West Virginia University Center for Excellence in Disabilities;
49 (19) A designee of the Department of Veterans Assistance;
50 (20) A designee of the Department of Health Facilities;
51 (21) A senator appointed by the President of the Senate; and
52 (22) A delegate appointed by the Speaker of the House.
53 (c) The purpose of the multi-disciplinary study group is to provide opinion, guidance, and
54 informed objective expertise to the Legislature regarding each of the following areas:
55 (1) The development and implementation of a sequential intercept model to divert adults
56 and juveniles with mental illness, developmental disabilities, cognitive disabilities including, but
57 not limited to, brain injuries, and/or substance use disorders away from the criminal justice system
58 and into community-based treatment or other settings where appropriate;
59 (2) The review and recommendation of standards and protocols for the evaluation,
60 treatment, management, and stabilization of adult and juvenile forensic patients;
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61 (3) A recommendation regarding standards and protocols to promote continuity of care
62 and interventions for adult and juvenile forensic patients and inmates released from correctional
63 facilities;
64 (4) The recommendation of a model to coordinate services and interventions among the
65 Department of Human Services, the Department of Health Facilities, the Division of Corrections
66 and Rehabilitation, the Division of Rehabilitation Services, behavioral healthcare providers, law
67 enforcement, and the court system to facilitate the appropriate diversion, identification, evaluation,
68 assessment, management, and placement of adults and juveniles who suffer from mental illness,
69 a development disability, a cognitive disability including, but not limited to, a brain injury, and/or
70 substance use disorder to ensure public safety and the effective clinical management of such
71 persons;
72 (5) The identification of potential funding sources and the scope of resources needed for
73 the implementation of the study group’s recommendations; and
74 (6) Any other issues related to addressing the Legislature's findings.
75 (d) The provisions of §6-9A-1 et seq. and §29B-1-1 et seq. of this code are inapplicable to
76 the operation of the study group.
77 (e) The study group established in this section is hereby continued. The study group shall
78 submit a supplemental report containing its findings and recommendations to the President of the
79 Senate and the Speaker of the House of Delegates on or before November 30, 2024. Thereafter,
80 the study group shall submit an annual report to the President of the Senate and the Speaker of
81 the House of Delegates updating its findings and recommendations on topics specified by the
82 Joint Standing Committee on the Judiciary, the Joint Standing Committee on Finance, the Joint
83 Standing Committee on Health, or the Legislative Oversight Committee on Regional Jail and
84 Correctional Facility Authority.
85 (f) Each member of the multi-disciplinary study group whose regular salary is not paid by
86 the State of West Virginia shall be paid the same compensation and expense reimbursement that
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87 is paid to members of the Legislature for their interim duties as recommended by the Citizens
88 Legislative Compensation Commission and authorized by law for each day or portion thereof
89 engaged in the discharge of official duties. Reimbursement for expenses shall not be made,
90 except upon an itemized account, properly certified by the members of the study group. All
91 reimbursement for expenses shall be paid out of the State Treasury upon a requisition of the State
92 Auditor.
93 (g) The study group steering committee comprised of the Chairman of the Dangerousness
94 Assessment Advisory Board, the Statewide Forensic Clinical Director, and the Statewide Forensic
95 Coordinator may:
96 (1) Enter into any contract for administrative support services as necessary to accomplish
97 the purposes of this section: Provided, That such services may only be paid for through grant
98 funding;
99 (2) Enter into a memorandum of understanding with and between any of the members of
100 the study group as necessary to accomplish the purposes of this section; and
101 (3) Seek grant funding to accomplish the purposes of this section.
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The Clerk of the Senate and the Clerk of the House of Delegates hereby certify that the foregoing bill is correctly enrolled.
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Clerk of the Senate
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Clerk of the House of Delegates Originated in the Senate.
In effect from passage.
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President of the Senate
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Speaker of the House of Delegates __________
The within is ................................................ this the...........................................
Day of ..........................................................................................................., 2024.
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Governor
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Statutes affected:
Committee Substitute: 27-6A-12
Introduced Version: 27-6A-12
Enrolled Committee Substitute: 27-6A-12