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Chapter 62     Entire Code
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Chapter 62  |  Article 62 - 15A
WVC 62- CHAPTER 62. CRIMINAL PROCEDURE.

WVC 62 - 15A - ARTICLE 15A. ADDICTION TREATMENT PILOT PROGRAM.

WVC 62-15A-1

§62-15A-1. Definitions.

As used in this article:

(1) "Addiction service provider" means a person licensed by this state to provide addiction and substance abuse services to persons addicted to opioids.

(2) "Adult drug court judge" means a circuit court judge operating a drug court as defined in subsection (a), section one, article fifteen.

(3) "Adult Drug Court Program" means an adult treatment court established by the Supreme Court of Appeals of West Virginia pursuant to this article.

(4) “Authority” means the Regional Jail and Correctional Facility Authority.

(5) "Circuit court" means those courts set forth in article two, chapter fifty-one of this code.

(6) "Court" means the Supreme Court of Appeals of West Virginia.

(7) "Department" means the Department of Health and Human Resources.

(8) "Division" means the Division of Corrections.

(9) "LS/CMI assessment criteria" means the level of service/case management inventory which is an assessment tool that measures the risk and need factors of adult offenders.

(10) "Medication-assisted treatment" means the use of medications, in combination with counseling and behavioral therapies, to provide a whole-patient approach to the treatment of substance use disorders.

(11) "Prescriber" means an individual currently licensed and authorized by this state to prescribe and administer prescription drugs in the course of their professional practice.

WVC 62-15A-2

§62-15A-2. The Department of Health and Human Resources Pilot Program.

(a) The secretary of the department shall conduct a pilot program to provide addiction treatment, including medication-assisted treatment, to persons who are offenders within the criminal justice system, eligible to participate in a program, and selected under this section to be participants in the pilot program because of their dependence on opioids.

(b) In the case of the medication-assisted treatment provided under the pilot program, a drug may be used only if it has been approved by the United States Food and Drug Administration for use in the prevention of relapse to opioid dependence and in conjunction with psychosocial support, provided as part of the pilot program, appropriate to patient needs.

(c) The department may invite the Court, the Authority and the division to participate in the pilot program.

(d) The department may limit the number of participants.

(e) (1) If the Court's Adult Drug Court Program is selected to participate, it shall select persons who are participants in the Adult Drug Court program, who have been clinically assessed and diagnosed with opioid addiction. Participants must either be eligible for Medicaid, or eligible for a state, federal or private grant or other funding sources that provides for the full payment of the treatment necessary to participate in the pilot program. After being enrolled in the pilot program, participants shall comply with all requirements of the Adult Drug Court Program.

(2) Treatment may be provided under this subsection only by a treatment provider who is approved by the Court or Adult Drug Court Program consistent with the policies and procedures for Adult Drug Courts developed by the Court. In serving as a treatment provider, a treatment services provider shall do all of the following:

(A) Provide treatment based on an integrated service delivery model that consists of the coordination of care between a prescriber and the addiction services provider;

(B) Conduct any necessary additional professional, comprehensive substance abuse and mental health diagnostic assessments of persons under consideration for selection as pilot program participants to determine whether they would benefit from substance abuse treatment and monitoring;

(C) Determine, based on the assessments described in paragraph (B), the treatment needs of the participants served by the treatment provider;

(D) Develop, for the participants served by the treatment provider, individualized goals and objectives;

(E) Provide access to the non-narcotic, long-acting antagonist therapy included in the pilot program's medication-assisted treatment; and

(F) Provide other types of therapies, including psychosocial therapies, for both substance abuse and any disorders that are considered by the treatment provider to be co-occurring disorders.

(f) (1) If the Division of Corrections is selected to participate, the division shall select persons, within the custody of the Division of Corrections, who are determined to be at high risk using the LS/CMI assessment criteria into the pilot program. Participants must either be eligible for Medicaid, or eligible for a state, federal or private grant or other funding sources that provide for the full payment of the treatment necessary to participate in the pilot program. After being enrolled in the pilot program, a participant shall comply with all requirements of the treatment program.

(2) A participant shall:

(A) Receive treatment based on an integrated service delivery model that consists of the coordination of care between a prescriber and the addiction services provider;

(B) Submit to professional, comprehensive substance abuse and mental health diagnostic assessments of persons under consideration for selection as pilot program participants to determine whether they would benefit from substance abuse treatment and monitoring;

(C) Receive, based on the assessments described in paragraph (B), the treatment needs of the participants served by the treatment provider;

(D) Submit to the treatment provider, individualized goals and objectives;

(E) Receive the nonnarcotic, long-acting antagonist therapy included in the pilot program's medication-assisted treatment; and

(F) Participate in other types of therapies, including psychosocial therapies, for both substance abuse and any disorders that are considered by the treatment provider to be co-occurring disorders

(g) (1) If the Regional Jail and Correctional Facility Authority is selected to participate, the authority shall select only persons who are serving a sentence for a felony or misdemeanor who are determined to be at high risk using the LS/CMI assessment criteria  for the pilot program.  Participants must either be eligible for Medicaid, or eligible for a state, federal or private grant or other funding source that provides for the full payment of the treatment necessary to participate in the pilot program.  After being enrolled in the pilot program, a participant shall comply with all requirements of the treatment program.

(2) A participant shall:

(A) Receive treatment based on an integrated service delivery model that consists of the coordination of care between a prescriber and the addiction services provider;

(B) Submit to professional, comprehensive substance abuse and mental health diagnostic assessments of persons under consideration for selection as pilot program participants to determine whether they would benefit from substance abuse treatment and monitoring;

(C) Receive, based on the assessments described in paragraph (B), the treatment needs of the participants served by the treatment provider;

(D) Submit to the treatment provider, individualized goals and objectives;

(E) Receive the nonnarcotic, long-acting antagonist therapy included in the pilot program's medication-assisted treatment; and

(F) Participate in other types of therapies, including psychosocial therapies, for both substance abuse and any disorders that are considered by the treatment provider to be co-occurring disorders.

(3) A participant who is incarcerated pursuant to a misdemeanor conviction or convictions and successfully completes this treatment pilot program may, at the discretion of the Authority, receive up to five days off of his or her sentence.

(4) If a participant begins participation in the treatment pilot program while in the custody of the Commissioner of Corrections, but is confined in a regional jai, and transferred to a Division of Corrections facility before completing the pilot treatment program the Division of Corrections shall ensure that the participant’s treatment under the program will continue and that upon successful completion the participant shall receive credit off his or her sentence as would have occurred had he or she remained in the authority facility until successful completion.

WVC 62-15A-3

§62-15A-3. Report.

(a) The department shall prepare a report.

(b) The report shall include:

(1) Number of participants;

(2) Number of participants successfully completing the program;

(3) Offenses committed or offense convicted of;

(4) Recidivism Rate;

(5) Potential cost saving or expenditures;

(6) A statistical analysis which determines the effectiveness of the program; and

(7) Any other information the reporting entity finds pertinent.

(c) The Court and the division should provide any information necessary to the department to complete the report.

(d) The department shall submit the report to:

(1) The Governor;

(2) The Chief Justice of the Supreme Court of Appeals of West Virginia;

(3) The Joint Committee on Government and Finance;

(4) The Commissioner of the Division of Corrections;

(5) The Director of the Regional Jail and Correctional Facility Authority; and

(6) The Secretary of the Department of Military Affairs and Public Safety.

(e) The report shall be submitted by July 1, 2017 and shall include twelve months of data from the beginning of the administration of the program.

Note: WV Code updated with legislation passed through the 2016 Regular Session
The West Virginia Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.


Recent legislation affecting the Code

Citation Year/Session Short Title
§62 - 12 - 11 - (Amended Code)
SENATE BILL - 41
PASSED - Regular Session

SB41 enr  (Uploaded - 10/02/2017)
Extending time person may be subject to probation
§62 - 1 D- 2 - (Amended Code)
SENATE BILL - 233
PASSED - Regular Session

SB233 SUB1 enr  (Uploaded - 10/06/2017)
Excluding from protection oral communications uttered in child care center under Wiretapping and Electronic Surveillance Act
§62 - 7 - 10 - (Amended Code)
SENATE BILL - 455
PASSED - Regular Session

SB455 SUB1 enr  (Uploaded - 10/02/2017)
Relating generally to commitment of persons to custody of Commissioner of Corrections
§62 - 12 - 13 - (Amended Code)
§62 - 12 - 23 - (Amended Code)
SENATE BILL - 515
PASSED - Regular Session

SB515 SUB1 enr  (Uploaded - 10/02/2017)
Relating to parole requirements for hearings and release
§62 - 12 - 5 - (Amended Code)
SENATE BILL - 523
PASSED - Regular Session

SB523 SUB1 enr  (Uploaded - 10/02/2017)
Converting to biweekly pay cycle for state employees
§62 - 1 D- 8 - (Amended Code)
HOUSE BILL - 2318
PASSED - Regular Session

HB2318 SUB ENR  (Uploaded - 10/06/2017)
Relating generally to human trafficking
§62 - 11 B- 9 - (Amended Code)
HOUSE BILL - 2726
PASSED - Regular Session

HB2726 SUB ENR  (Uploaded - 10/06/2017)
Authorizing home incarceration officers to arrest participants for violating the terms and conditions of his or her supervision with or without a court order
§62 - 15 - 9 A - (New Code)
HOUSE BILL - 2766
PASSED - Regular Session

hb2766 ENR  (Uploaded - 10/06/2017)
Establishing a new special revenue fund, designated the Adult Drug Court Participation Fund
§62 - 6 B- 2 - (Amended Code)
§62 - 6 B- 6 - (New Code)
SENATE BILL - 504
PASSED - Regular Session

SB504 SUB1 enr  (Uploaded - 03/18/2016)
Relating to confidentiality of juvenile records
§62 - 15 A- 1 - (Amended Code)
§62 - 15 A- 2 - (Amended Code)
§62 - 15 A- 3 - (Amended Code)
HOUSE BILL - 4176
PASSED - Regular Session

HB4176 SUB ENR  (Uploaded - 03/18/2016)
Permitting the Regional Jail and Correctional Facility Authority to participate in the addiction treatment pilot program
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