The bill introduced on February 9, 2026, seeks to enact "Caitlyn's Law," which establishes a mandatory 24-hour hold in a hospital or qualified facility for individuals suspected or known to have a substance use disorder. This hold allows for an evaluation by a mental hygiene commissioner prior to any probable cause hearing. The legislation outlines the criteria for involuntary hospitalization, focusing on whether an individual poses a risk to themselves or others due to their substance use disorder or mental illness. It also specifies the qualifications of professionals authorized to conduct these evaluations and ensures the rights of individuals throughout the process.

Key provisions include the requirement for close monitoring recommendations for individuals requiring involuntary hospitalization due to substance use disorders that may lead to significant medical complications. The bill also assigns responsibilities to the Supreme Court of Appeals and the Secretaries of the Department of Human Services and Department of Health Facilities to create a statewide system for evaluating mental hygiene petitions, including funding recommendations and payment schedules. Furthermore, it encourages the establishment of reciprocal agreements with neighboring states to improve mental hygiene services for out-of-state residents in West Virginia. The amendments from the 2025 legislative session will be referred to as the Joel Archer Substance Abuse Intervention Act, with the Supreme Court of Appeals tasked with creating rules for implementation.

Statutes affected:
Introduced Version: 27-5-2