The bill amends sections 27-5-2 and 27-5-4 of the Code of West Virginia, introducing the "Joel Archer Substance Abuse Intervention Act," which focuses on the involuntary custody and hospitalization of individuals with mental health issues or substance use disorders. It establishes new grounds for involuntary hospitalization, requiring individuals to agree to voluntary treatment before being removed from such status prior to a probable cause hearing. The bill modifies evidentiary standards for civil liability of mental health professionals and allows for the hospitalization of individuals with substance use disorders under specific conditions. It also prohibits using an individual's refusal of substance abuse services as evidence of poor judgment regarding their need for treatment.

Additionally, the bill outlines procedures for probable cause hearings, emphasizing the rights of individuals, including the right to legal representation and to present evidence. It mandates timely notice of hearings and specifies that individuals found not to pose a serious harm must be released without a probable cause hearing. The legislation also addresses financial responsibilities, establishing a Mental Hygiene Fund to cover certain fees, and allows individuals who complete substance use rehabilitation programs to petition for the removal of their names from the central state mental health registry. Overall, the amendments aim to enhance the legal framework surrounding mental health commitments while ensuring the rights and protections of individuals involved in these proceedings.

Statutes affected:
Introduced Version: 27-5-1, 27-5-1b, 27-5-2, 27-5-4, 27-5-2b, 27-5A-1, 27-5A-2, 27-5A-3
Committee Substitute: 27-5-1, 27-5-1b, 27-5-2, 27-5-4, 27-5-2b, 27-5A-1, 27-5A-2, 27-5A-3
Engrossed Committee Substitute: 27-5-1, 27-5-1b, 27-5-2, 27-5-4, 27-5-2b, 27-5A-1, 27-5A-2, 27-5A-3
Enrolled Committee Substitute: 27-5-2