The bill seeks to reform the mental hygiene system in West Virginia by establishing mental hygiene regions under the Supreme Court of Appeals and creating full-time mental hygiene commissioners with statewide jurisdiction. It allows for mental hygiene evaluations and hearings to be conducted via videoconferencing, ensuring that technology meets specific standards to protect the due process rights of respondents. Key provisions include the introduction of civil immunity for mental health service providers involved in involuntary commitment proceedings, the requirement for hearings for any commitment longer than 90 days, and the prohibition of civil commitments exceeding 120 days without a hearing. Additionally, the bill mandates that certified community mental health centers ensure the availability of examiners in each region, including after-hours and weekends.

Significant changes in the bill include the deletion of obsolete language regarding transcripts and the appointment process for mental hygiene commissioners, which now allows for appointments in counties outside designated regions. The bill also clarifies that examinations for involuntary commitment may be conducted via video conference if in-person evaluations would cause delays. Furthermore, it establishes a process for civil involuntary commitment audits and emphasizes the importance of outpatient treatment options, ensuring that individuals are informed about the commitment process and alternative treatment options. Overall, the legislation aims to enhance the efficiency and accessibility of mental health services while safeguarding the rights of individuals undergoing evaluation and commitment.

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