SENATE CONCURRENT RESOLUTION NO. 51
(By Senators Wooton, Ball, Dawson, Dittmar, Hunter, Kessler,
McCabe, Minard, Mitchell, Redd, Ross, Snyder, Deem and McKenzie)
[Originating in the Committee on the Judiciary]
Requesting the Joint Committee on Government and Finance make an
interim study of the involuntary civil commitment process and
the outcomes related to that process.
Whereas, Individuals in this state may be committed
involuntarily to a mental health facility on account of mental
illness or addiction; and
Whereas, Medical, scientific, social and legal understanding,
treatment and response to mental illnesses, disorders and
conditions have undergone a significant enlightenment and change
since West Virginia's current mental hygiene laws were enacted; and
Whereas, There is widespread consensus among patients,
families, advocates, medical and social service professionals and
providers, law-enforcement officials, judicial officers and other
concerned and affected persons that West Virginia's current mental
hygiene laws and related practices, policies and procedures should
be fully reviewed, and where desirable, improved and revised to
assure that they conform with current medical, social, scientific and legal understanding; and
Whereas, The West Virginia Supreme Court of Appeals Commission
on Mental Hygiene Reform, established February 10, 1999, expended
great effort in studying the mental hygiene laws, procedures and
practices during the course of the past year and produced a number
of worthwhile recommendations that merit Legislative consideration;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Joint Committee on
Government and Finance review, examine and study the current
policies, practices and procedures relating to mental hygiene law.
Further, this study shall: Assess the extent to which the laws,
policies, practices and procedures are meeting the needs of the
citizens of West Virginia, in light of current medical, social,
scientific, and legal understanding; identify and report on any
areas of the law, policy, practice or procedure which require
change; and develop and recommend changes to existing laws,
policies, practices and procedures that are feasible and will
ensure that West Virginia's mentally hygiene laws, policies,
practices and procedures are consistent with current medical,
scientific, social and legal understanding; and, be it
Further resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2001, on its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from the legislative appropriations to the Joint Committee on
Government and Finance.