The bill amends the Code of West Virginia to enhance the procedures and requirements for the involuntary custody and hospitalization of individuals with mental health issues and substance use disorders. It introduces the Joel Archer Substance Abuse Intervention Act, which establishes that involuntary commitments can only occur through a circuit court order following a full hearing. The bill mandates that hearings must be held in the jurisdiction of the individual's criminal charges and requires a written application along with a certificate from a licensed physician or psychologist. It emphasizes the rights of individuals during the commitment process, including access to legal counsel, the right to present evidence, and timely notice of hearings.

Additionally, the bill modifies the evidentiary standards for mental health professionals and allows for the hospitalization of individuals with substance use disorders under specific conditions. It prohibits the use of an individual's refusal of substance abuse services as evidence of poor judgment and establishes new procedures for probable cause hearings, including the use of videoconferencing. The legislation also outlines the financial responsibilities associated with the commitment process, with the state covering certain fees through a newly established Mental Hygiene Fund. Furthermore, it provides provisions for individuals who complete substance use rehabilitation programs to petition for removal from the central state mental health registry, ensuring that such completion does not affect their firearm possession rights. The amendments will take effect 90 days after passage.

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