This bill amends various sections of the Code of West Virginia to enhance the involuntary hospitalization process for individuals experiencing mental health crises or substance use disorders. It broadens the range of professionals authorized to apply for involuntary hospitalization, including physicians, psychologists, and law enforcement officers, and mandates that the Department of Health and Human Resources provide transportation for these individuals. The bill also introduces new training requirements for mental hygiene commissioners and establishes a system for auditing involuntary commitment applications to ensure compliance with legal standards. Key changes include the appointment of mental health professionals as mental hygiene commissioners, the requirement for prompt evaluations by mental health centers, and protections for evaluators against liability when acting in good faith.

Additionally, the bill clarifies the process for involuntary commitment applications, defining "psychiatric emergency" and allowing for the waiver of a second examination under certain conditions. It stipulates that individuals found not to be mentally ill must be released immediately and emphasizes the need for timely probable cause hearings, which are now required to occur in the individual's county of residence. The bill also establishes a Mental Hygiene Fund to cover specific fees related to mental health hearings and mandates reimbursement for law enforcement costs associated with the transportation of individuals under commitment orders. Overall, the legislation aims to streamline the involuntary commitment process while ensuring due process and safeguarding the rights of individuals involved.

Statutes affected:
Introduced Version: 27-5-1, 27-5-1b, 27-5-2, 27-5-2a, 27-5-4, 27-5-10