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 commitment of individuals with mental health and substance use disorders. It establishes new grounds for involuntary hospitalization, requiring individuals to agree to voluntary treatment before being released from such hospitalization prior to a probable cause hearing. The bill modifies evidentiary standards for civil liability of mental health professionals and sets new criteria for determining probable cause in mental hygiene proceedings, while also prohibiting the consideration of an individual's refusal of substance abuse services when assessing their treatment needs.

Additionally, the bill outlines the procedures for initiating commitment proceedings, emphasizing the rights of individuals, including access to legal counsel and the right to present evidence. It mandates that hearings occur in the individual's county of residence and establishes criteria for assessing danger to self or others. The bill also addresses financial responsibilities related to the commitment process, with the state covering certain fees through a new Mental Hygiene Fund. It ensures that individuals who complete substance use rehabilitation programs can petition for the restoration of firearm possession rights and removal from mental health registries, while also requiring periodic reviews of committed individuals to consider less restrictive alternatives.

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