Senate Bill No. 555
(By Senator Wiedebusch)
____________
[Introduced February 19, 1996; referred to the Committee
on the Judiciary; and then to the Committee on Finance
.]
____________
A BILL to amend and reenact section one, article five, chapter
twenty-seven of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to mentally ill
persons; involuntary hospitalization; and providing that the
probable cause hearing for involuntary hospitalization of
mentally ill persons be delayed for twenty-four hours or to
the next business day after a certification from a physician
or psychologist in those counties that have part-time
prosecuting attorneys.
Be it enacted by the Legislature of West Virginia:
That section one, article five, chapter twenty-seven of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 5. INVOLUNTARY HOSPITALIZATION.
§27-5-1. Appointment of mental hygiene commissioner; duties of
mental hygiene commissioner; duties of prosecuting
attorney; duties of sheriff.
(a) Appointment of mental hygiene commissioners. -- The
chief judge in each judicial circuit of this state shall appoint
a competent attorney and may, if necessary, appoint additional
attorneys to serve as mental hygiene commissioners to preside
over involuntary hospitalization hearings. Mental hygiene
commissioners shall be persons of good moral character and of
standing in their profession and they shall, before assuming the
duties of such commissioner, take the oath required of other
special commissioners as provided in article one, chapter six of
this code.
All persons appointed to serve as mental hygiene
commissioners and any magistrates designated by the chief judge
of a judicial circuit to hold probable cause and emergency
detention hearings involving involuntary hospitalization must
attend and complete a course provided by the supreme court of
appeals which course shall include, but not be limited to,
instruction on the manifestations of mental illness, mental retardation and addiction. Persons attending such courses
outside the county of their residence shall be reimbursed out of
the budget of the supreme court -- general judicial for
reasonable expenses incurred. The supreme court shall establish
rules for such course, including rules providing for the
reimbursement of reasonable expenses as authorized herein.
(b) Duties of mental hygiene commissioners. -- Mental
hygiene commissioners may sign and issue summonses for the
attendance, at any hearing held pursuant to section four, article
five of this chapter, of the individual sought to be committed;
may sign and issue subpoenas for witnesses, including subpoenas
duces tecum; may place any witness under oath; and may make
findings of fact on evidence and may make conclusions of law, but
such findings and conclusions shall not be binding on the circuit
court. The circuit court, by order entered of record, shall
allow the commissioner a reasonable fee for services rendered in
connection with each case. Mental hygiene commissioners shall
discharge their duties and hold their office at the pleasure of
the chief judge of the judicial circuit in which he or she is
appointed and may be removed at any time by such chief judge. It
shall be the duty of a mental hygiene commissioner to conduct orderly inquiries into the mental health of the individual sought
to be committed concerning the advisability of committing the
individual to a mental health facility. The mental hygiene
commissioner shall safeguard, at all times, the rights and
interests of the individual as well as the interests of the
state. The mental hygiene commissioner shall make a written
report of his findings to the circuit court. In any proceedings
before any court of record as set forth in this article, the
court of record shall appoint an interpreter for any individual
who is deaf or cannot speak or who speaks a foreign language and
who may be subject to involuntary commitment to a mental health
facility.
(c) Duties of prosecuting attorney. -- It shall be the duty
of the prosecuting attorney or one of his or her assistants to
represent the applicants in all proceedings filed pursuant to the
provisions of this article: Provided, That in counties with a
part-time prosecuting attorney, the probable cause hearing may
not take place less than twenty-four hours or on the next
business day after the certification of a physician or
psychologist that an individual is mentally ill or mentally
retarded and because of his or her mental illness or mental retardation, the individual is likely to cause serious harm to
himself or herself or to others.
(d) Duties of sheriff. -- Upon written order of the circuit
court or of a mental hygiene commissioner in the county where the
individual formally accused of being mentally incompetent,
mentally retarded or addicted is a resident or is found, the
sheriff of that county shall take said individual into custody
and transport him or her to and from the place of hearing and the
mental health facility. The sheriff shall also maintain custody
and control of the accused individual during the period of time
in which the individual is waiting for the involuntary commitment
hearing to be convened and while such hearing is being conducted.
(e) Duties of sheriff upon presentment to mental health care
facility. -- Where a person is brought to a mental health care
facility for purposes of evaluation for commitment under the
provisions of this article, if he or she is violent or combative,
the sheriff or his or her designee shall maintain custody of the
person in the facility until the evaluation is completed or the
county commission shall reimburse the mental health care facility
at a reasonable rate for security services provided by the mental
health care facility for the period of time the person is at the hospital prior to the determination of mental competence or
incompetence.
(f) Duties of supreme court of appeals. -- The supreme court
of appeals shall provide uniform petition, procedure and order
forms which shall be used in all involuntary hospitalization
proceedings brought in this state.
NOTE: The purpose of this bill is to delay the probable
cause hearing for involuntary hospitalization of mentally ill
persons for 24 hours or to the next business day after a
certification from a physician or psychologist in those counties
that have part-time prosecuting attorneys.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.