The bill seeks to reform the mental hygiene commitment process in West Virginia by introducing significant changes to the evaluation and commitment procedures for individuals with mental health or substance use disorders. It allows the Supreme Court of Appeals to create mental hygiene regions and appoint full-time mental hygiene commissioners to oversee proceedings. Key provisions include the authorization for mental hygiene evaluations and hearings to be conducted via video technology, the establishment of a temporary observation release process for individuals committed under certain sections of the code, and the requirement for hearings for any commitment exceeding 90 days. Additionally, the bill mandates that no individual can be civilly committed for more than 120 days without a hearing to assess ongoing commitment criteria.

The bill also modifies the qualifications for professionals conducting examinations, specifying that licensed professional counselors and licensed independent clinical social workers may perform evaluations only if authorized by a circuit court order. It emphasizes the rights of individuals during commitment hearings, including the right to legal counsel and the opportunity to present expert testimony. Furthermore, it establishes a Mental Hygiene Fund to cover expenses related to the commitment process and clarifies the responsibilities of various parties involved. Overall, the bill aims to enhance procedural safeguards, ensure appropriate treatment, and uphold the rights of individuals undergoing involuntary commitment processes.

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