The bill amends sections 27-5-2 and 27-5-4 of the West Virginia Code to enhance 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 over 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 regarding the need for such services. It also establishes specific circumstances under which individuals may be hospitalized for substance use disorders and outlines the necessary findings required by the chief medical officer. Additionally, the bill emphasizes outpatient treatment options and allows for the dismissal of involuntary hospitalization proceedings under certain conditions.

Key amendments include the introduction of the "Joel Archer Substance Abuse Intervention Act," which promotes a comprehensive approach to addressing substance use disorders. The bill specifies that commitment findings must be based on clear and convincing evidence, particularly regarding the individual's potential danger to themselves or others. It mandates that a hearing must occur within 45 days if a court stays the discharge of an individual, and the individual will be released unless significant danger is proven. Furthermore, the bill allows individuals who complete rehabilitation programs to petition for removal from the central state mental health registry and clarifies that they will not be deemed mentally defective for firearm possession purposes. The bill also establishes a Mental Hygiene Fund to cover related expenses and requests the Supreme Court of Appeals to create rules for implementing these amendments. Notably, it deletes a previous effective date and includes new language regarding the treatment of individuals with substance use disorders.

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