Senate Bill No. 388
(By Senators Cookman, Unger, Plymale and Palumbo)
[Introduced February 27, 2013; referred to the Committee on the
Judiciary; and then to the Committee on Finance .]
A BILL to amend and reenact §62-15-7 of the Code of West Virginia,
1931, as amended, relating generally to requiring the
Department of Health and Human Resources to pay for properly
licensed, certified or court-approved programs for adult drug
offenders participating in drug courts.
Be it enacted by the Legislature of West Virginia:
That §62-15-7 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 15. DRUG OFFENDER ACCOUNTABILITY AND TREATMENT ACT.
§62-15-7. Treatment and support services.
(a) As part of any diagnostic assessments, the individual
assessment should make specific recommendations to the drug court
team regarding the type of treatment program and duration necessary
so that a drug offender's individualized needs can be addressed. These assessments and resulting recommendations should be based
upon objective medical diagnostic criteria. Treatment
recommendations accepted by the court, pursuant to the provisions
of this article, shall be deemed to be reasonable and necessary.
(b) A drug court making a referral for substance abuse
treatment shall refer the drug offender to a program that is
licensed, certified, or approved by the court.
(c) The court shall determine which treatment programs are
authorized to provide the recommended treatment to drug offenders.
The relationship between the treatment program and the court should
be governed by a Memorandum of Understanding, which should include
the timely reporting of the drug offender's progress or lack
thereof to the drug court.
(d)It is essential to provide offenders with adequate support
services and aftercare.
(e) Recognizing that drug offenders are frequently dually
diagnosed, appropriate services should be made available, where
(f) Recognizing that the longer a drug offender stays in
treatment, the better the outcome, the length of stay in treatment
should be determined by the drug court team based on individual
needs and accepted practices: Provided, That drug court
participation shall not be less than one year duration.
____(g) When a court has referred or ordered a drug offender to a
program, the court may, upon its own motion, or upon a motion of
any party, order the West Virginia Department of Health and Human
Resources to pay for professional services rendered by the program.
Provided, That the program is properly licensed, certified or has
been approved by the court. Professional services include, but are
not limited to, treatment, therapy, counseling, evaluation, report
preparation, consultation and preparation of expert testimony. The
West Virginia Department of Health and Human Resources shall set
the fee schedule for the services in accordance with the Medicaid
rate, if any, or the customary rate and adjust the schedule as
appropriate. Every program that is properly licensed, certified or
has been approved by the court shall be paid by the West Virginia
Department of Health and Human Resources upon completion of
services and submission of a final report or other information and
documentation as required by the policies and procedures
implemented by the West Virginia Department of Health and Human
NOTE: The purpose of this bill is to require the Department of
Health and Human Resources to pay for properly licensed, certified,
or court approved programs for adult drug offenders participating
in drug courts. The new language proposed in this bill is similar
to the language provided in §49-7-33 which requires the department
to pay for such services for juveniles.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would