H. B. 2101


(By Delegate Stalnaker)

[Introduced February 14, 2001 ; referred to the

Committee on the Judiciary then 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 authorizing certified municipal law-enforcement officers to transport and present mentally incompetent persons to mental health care facilities upon the order of a circuit court or mental hygiene commissioner; and "certified municipal law-enforcement officer" defined.

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 or her 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.
(d) Duties of sheriff or certified municipal law-enforcement officer. -- 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 or a certified municipal law-enforcement officer 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 or certified municipal law-enforcement officer 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. For purposes of this subsection and subsection (e), "certified municipal law-enforcement officer" means any duly authorized member of a municipal law-enforcement agency who is empowered to maintain public peace and order, make arrests and enforce the laws of this state or any political subdivision thereof, other than parking ordinances, and who is currently certified as a law-enforcement officer pursuant to article twenty-nine, chapter thirty of this code.
(e) Duties of sheriff or certified municipal law-enforcement officer 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, or certified municipal law-enforcement officer 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 authorize certified municipal law-enforcement officers to transport and present mentally incompetent persons to mental health care facilities upon the order of a circuit court or mental hygiene commissioner.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.