The 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 assigns the Department of Health and Human Resources the responsibility for transporting individuals in need of such hospitalization. New training requirements for mental hygiene commissioners and magistrates are introduced to ensure they are adequately prepared to manage these cases. The bill also establishes a Mental Hygiene Fund to cover specific expenses related to mental health hearings, including fees for commissioners and court reporters.

Key provisions of the bill include the definition of "psychiatric emergency," the allowance for waiving a second examination under certain conditions, and the requirement for immediate release of individuals found not to be mentally ill or posing a risk of harm. It emphasizes the importance of conducting probable cause hearings in the individual's county of residence and allows for videoconferencing during these hearings. Additionally, the bill modifies transportation responsibilities, replacing the sheriff's role with the Department of Health Facilities and permitting certified municipal law enforcement officers to assist in transportation duties. Overall, the bill 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