The bill amends sections 27-5-2 and 27-5-4 of the West Virginia Code to enhance the involuntary custody and hospitalization framework for individuals with mental health and substance use disorders. It introduces new grounds for involuntary hospitalization, particularly for individuals who have lost self-control due to substance use and cannot recognize their need for treatment. The legislation modifies evidentiary standards for civil liability of mental health professionals and requires individuals to consent to voluntary treatment before being released from involuntary hospitalization prior to a probable cause hearing. It also allows for the dismissal of involuntary hospitalization proceedings under certain conditions and mandates additional findings from the chief medical officer.

The bill, known as the Joel Archer Substance Abuse Intervention Act, emphasizes the rights of individuals during the commitment process, including access to legal counsel and the right to present evidence. It specifies that commitments can only occur through a circuit court order after a full hearing, with a focus on less restrictive alternatives. The legislation ensures that individuals cannot be penalized for refusing treatment for substance use disorders and outlines procedures for ongoing assessments and potential discharge. Additionally, it addresses financial responsibilities related to the commitment process and provides provisions for individuals completing substance use rehabilitation programs, allowing them to petition for the restoration of firearm possession rights and removal from mental health registries.

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