H. B. 3111
(By Delegates Perdue and Sobonya)
[Introduced January 9, 2008; referred to the
Committee on Health and Human Resources then the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §27-1B-1, §27-1B-2,
§27-1B-3, §27-1B-4, §27-1B-5 and §27-1B-6, all relating to
treatment for drug and alcohol addiction; setting forth
certain legislative findings; providing a procedure for
extended involuntary treatment programs; setting forth certain
rights of persons subject to involuntary treatment; requiring
certain findings; limiting persons who may petition for
involuntary commitment; requiring guaranteed payment;
providing for a court hearing; and requiring certain reports
to be filed with the Governor and the Legislature.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §27-1B-1, §27-1B-2,
§27-1B-3, §27-1B-4, §27-1B-5 and §27-1B-6, all to read as follows:
ARTICLE 1B. INVOLUNTARY TREATMENT FOR ALCOH0L AND OTHER DRUG
ABUSE.
§27-1B-1. Legislative findings.
The Legislature hereby finds and declares that drug and
alcohol abuse is a pervasive and difficult health problem in this
state. The correlation between crime and drug and alcohol abuse is
alarming and compelling. The current short-term involuntary
treatment program fails to recognize the need for longer therapy
treatments and the need to provide families with the tools to
ensure proper treatment for family members who may be persistent
alcohol and drug abusers who lack the will or because of an
addiction they are unable to voluntarily seek long-term treatment.
Therefore in order to provide for the health and safety of the
citizens of this state and to reduce the incidence of drug and
alcohol related criminal activity, a long-term involuntary
treatment system is hereby established.
§27-1B-2. Involuntary treatment for alcohol and other drug abuse
-- Rights of patient.
(1) Involuntary treatment ordered for extended periods of
treatment time for a person suffering from alcohol and other drug
abuse may be ordered as set forth in this article notwithstanding
the provisions of section two, article five of this chapter
requiring a finding of danger to self or others as defined in
section twelve, article one of this chapter. The provisions of this article are intended to supplement and extend the treatment
for a person suffering from alcohol and other drug abuse that may
be contained in other provisions of this code.
(2) Except as otherwise provided in this article, the rights
provided in article five of this chapter for people subject
involuntarily hospitalization shall apply to a person ordered to
undergo treatment for alcohol and other drug abuse under the
provisions of this article.
§27-1B-3. Criteria for extended involuntary treatment.
Although the provisions of section twelve, article one of this
chapter require a finding of "likely to cause serious harm" before
a person suffering from addiction may be involuntarily committed,
the provisions of this section apply only to petitions for
involuntary commitment filed in circuit court by a spouse,
relative, friend, or guardian of the individual to be involuntarily
committed. No person suffering from alcohol and other drug abuse
shall be ordered to undergo treatment unless that person:
(1) Suffers from alcohol and other drug abuse;
(2) Presents an imminent threat of danger to self, family, or
others as a result of alcohol and other drug abuse, or there exists
a substantial likelihood of such a threat in the near future; and
(3) Can reasonably benefit from treatment.
§27-1B-4. Petition for sixty-day and three hundred and sixty-day
involuntary treatment -- Contents - Guarantee for costs.
(1) Proceedings for the commitment of a person suffering from
alcohol or drug abuse may be filed requesting involuntary
commitment for sixty days or three hundred sixty days of treatment
for an individual and shall be initiated by the filing of a
verified petition in the circuit court of the county in which the
individual resides.
(2) The petition and all subsequent court documents shall be
entitled: "In the interest of (name of respondent)."
(3) The petition shall be filed by a spouse, relative, friend,
or guardian of the individual concerning whom the petition is
filed.
(4) The petition shall set forth:
(a) Petitioner's relationship to the respondent;
(b) Respondent's name, residence, and current location, if
known;
(c) The name and residence of respondent's parents, if living
and if known, or respondent's legal guardian, if any and if known;
(d) The name and residence of respondent's husband or wife, if
any and if known;
(e) The name and residence of the person having custody of the
respondent, if any, or if no such person is known, the name and
residence of a near relative or that the person is unknown; and
(f) Petitioner's belief, including the factual basis therefor, that the respondent is suffering from an alcohol and other drug
abuse disorder and presents a danger or threat of danger to self,
family, or others if not treated for alcohol or other drug abuse.
(g) The name of the treatment facility or program agreeing to
provide extended drug and alcohol treatment services to the
respondent.
(h) The estimated cost of the proposed extended treatment.
Any petition filed pursuant to this subsection shall be
accompanied by a guarantee, signed by the petitioner or other
person authorized under subsection (3) of this section, obligating
that person to pay all costs for treatment of the respondent for
alcohol and other drug abuse that is ordered by the court.
§27-1B-5. Proceedings for involuntary treatment -- Duties of court
-- Disposition.
(1) Upon receipt of the petition, the court shall examine the
petitioner under oath as to the contents of the petition.
(2) If, after reviewing the allegations contained in the
petition and examining the petitioner under oath, it appears to the
court that there is probable cause to believe the respondent should
be ordered to undergo treatment, then the court shall:
(a) Set a date for a hearing within fourteen (14) days to
determine if there is probable cause to believe the respondent
should be ordered to undergo treatment for alcohol and other drug
abuse;
(b) Notify the respondent, the legal guardian, if any and if
known, and the spouse, parents, or nearest relative or friend of
the respondent concerning the allegations and contents of the
petition and the date and purpose of the hearing; and the name,
address, and telephone number of the attorney appointed by the
circuit court to represent the respondent; and
(c) Cause the respondent to be examined no later than
twenty-four hours before the hearing date by two qualified health
professionals, at least one of whom is a physician. The qualified
health professionals shall certify their findings to the court
within twenty-four hours of the examinations.
(3) If, upon completion of the hearing, the court finds the
respondent should be ordered to undergo treatment, then the court
shall order the treatment for a period not to exceed sixty
consecutive days from the date of the court order or a period not
to exceed three hundred sixty consecutive days from the date of the
court order, as the commitment time is set out in the petition or
otherwise agreed to at the hearing. Failure of a respondent to
undergo treatment ordered pursuant to this subsection may place the
respondent in contempt of court.
(4) If, at any time after the petition is filed, the court
finds that there is no probable cause to continue treatment or if
the petitioner withdraws the petition, then the proceedings against
the respondent shall be dismissed.
§27-1B-6. Report to Governor and Legislature.
The Secretary of the Department of Health and Human Resources
shall annually submit to the Governor and the Legislature, a
treatment center evaluation report. The report shall include, but
not be limited to, the following information:
(1) An inventory of all licensed chemical dependency treatment
services in West Virginia;
(2) Each chemical dependency treatment center or program shall
provide upon the request of the secretary, the information needed
to compile the inventory for the secretary to include in his or her
report; and
(3) The employment, educational, and criminal history of
clients in each program that received state or federal funds.
NOTE: The purpose of this bill is to establish a system of
extended involuntary treatment for persons addicted to drugs and
alcohol. Under the bill, only the parents, a close relative or a
friend may file the petition for involuntary commitment. In
addition, the petitioner is responsible for the payment of
treatment costs. Currently, there is a procedure for involuntary
commitment of a person who is addicted to alcohol and drugs, and as
a result are a danger to self or others. Under that procedure, a
person may be released without undergoing an effective and
comprehensive drug and alcohol treatment program. This bill allows
families to ensure that a family member will receive that
involuntary extended drug and alcohol abuse treatment.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.