The bill amends sections 27-5-2 and 27-5-4 of the Code of West Virginia, focusing on the procedures for involuntary custody and hospitalization of individuals with mental health issues or substance use disorders. It introduces new grounds for involuntary hospitalization, particularly for individuals who have lost self-control regarding substance use and cannot recognize their need for treatment. The bill clarifies that a refusal to accept substance abuse services does not equate to a lack of judgment about the need for such services. It also modifies the evidentiary standards for civil liability of mental health professionals and requires individuals to agree to voluntary treatment before being released from involuntary hospitalization prior to a probable cause hearing.

Additionally, the bill establishes criteria for determining probable cause in mental hygiene proceedings and mandates that the chief medical officer make specific findings before hospitalization. It emphasizes outpatient treatment options and ensures involuntary commitments occur in the least restrictive settings. The bill also includes provisions for the rights of individuals during commitment hearings, such as the right to counsel and the opportunity to present evidence. Notably, it specifies that individuals who complete a substance use rehabilitation program will not be considered mentally defective for firearm possession and may petition for removal from the central state mental health registry. The amendments enacted will be known as the Joel Archer Substance Abuse Intervention Act, and the Supreme Court of Appeals is tasked with creating rules for implementation.

Statutes affected:
Introduced Version: 27-5A-1, 27-5A-2, 27-5A-3, 27-5A-4, 27-5A-5, 27-5A-6
Committee Substitute: 27-5A-1, 27-5A-2, 27-5A-3, 27-5A-4, 27-5A-5, 27-5A-6
Committee Substitute for the Committee Substitute: 27-5-2, 27-5-4