This bill proposes comprehensive reforms to West Virginia's mental hygiene laws, focusing on the establishment of mental hygiene regions by the Supreme Court of Appeals and the restructuring of the mental hygiene commissioner system. It allows for the use of video technology in mental hygiene evaluations and proceedings, while removing licensed professional counselors and licensed independent social workers from the list of approved examiners. The bill introduces a temporary observation release for respondents, stipulating that any commitment period exceeding 90 days requires a hearing, with a maximum civil commitment duration of 120 days without reassessment. Additionally, it mandates that facilities provide technology that meets Supreme Court specifications for evaluations and emphasizes the need for training for mental hygiene commissioners and magistrates.

Moreover, the bill outlines new protocols for involuntary commitment processes, including the requirement for a probable cause hearing to be held promptly, with the right for individuals to present evidence and confront witnesses. It emphasizes outpatient treatment options and mandates that commitments occur in the least restrictive setting available. The bill also introduces a structured process for extending commitments beyond 90 days, requiring court hearings to assess the necessity of continued treatment. Overall, these reforms aim to enhance the rights of individuals undergoing commitment proceedings, improve the efficiency of mental hygiene services, and ensure compliance with legal standards throughout the process.

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