The bill proposes comprehensive reforms to the mental hygiene system in West Virginia, focusing on the procedures for involuntary commitment and mental health evaluations. Key changes include the establishment of mental hygiene regions by the Supreme Court of Appeals, the introduction of full-time mental hygiene commissioners, and the authorization for evaluations and hearings to be conducted via video technology. The bill also removes licensed professional counselors and licensed independent social workers from the list of approved examiners for mental hygiene evaluations, while allowing a broader range of qualified professionals, such as physicians and psychologists, to conduct these evaluations. Additionally, it mandates that hearings for commitment periods exceeding 90 days must occur, and civil commitments cannot exceed 120 days without a hearing.

Further amendments clarify the roles of mental health professionals in the commitment process, ensuring that they have prior circuit court authorization to conduct examinations. The bill emphasizes the rights of individuals during probable cause hearings, including the right to present evidence and confront witnesses. It introduces a temporary observation release process for individuals who no longer require treatment, and outlines the responsibilities of the chief medical officer in assessing continued commitment needs. Overall, the bill aims to enhance the efficiency and effectiveness of mental hygiene proceedings while safeguarding the rights and interests of individuals involved.

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