Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home

Introduced Version Senate Bill 425 History

DOWNLOAD  wpd  |  Email


sb425 intr
Senate Bill No. 425

(By Senators Tucker, Kessler (Mr. President) and Cookman)

____________

         [Introduced March 4, 2013; referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary         .]                   

____________




A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §27-5-2a; to amend and reenact §27-5-11 of said code; and to amend said code by adding thereto a new section, designated §27-5-12, all relating to mental health treatment alternatives to involuntary commitment; allowing the court to convert an involuntary hospitalization application into a petition for a temporary compliance order; eliminating the sunset provision; modifying the requirements and process necessary to enter a treatment compliance order; clarifying that persons who use the modified procedures of this section are not subject to reporting to certain databases; and creating a new database for compilation of certain persons to be used by the circuit courts.
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 section, designated §27-5-2a; that §27-5-11 of said code be amended and reenacted; and that said code be amended by adding thereto a new section, designated §27-5-12, all to read as follows:
ARTICLE 5. INVOLUNTARY HOSPITALIZATION.
§27-5-2a. Authorizing court to use temporary compliance order during involuntary commitment procedures.

     After the evaluation of the individual during the involuntary commitment procedures contained in this article is completed and reported to the court, the circuit court, mental hygiene commissioner or designated magistrate may convert an application for involuntary hospitalization into a petition for a treatment compliance order under section eleven of this article. The circuit court, mental hygiene commissioner or designated magistrate may use the information contained in the application for involuntary hospitalization and the entire record of proceedings with respect to the individual, including any prior proceedings, to determine if the necessary findings for a treatment compliance order, as stated in section eleven of this article, are present and if that course of treatment is appropriate in lieu of involuntary hospitalization.
§27-5-11. Modified procedures for mental hygiene; treatment compliance orders; temporary probable cause orders; establishing procedures; providing for forms and reports.
     (a) The Supreme Court of Appeals shall, in consultation with the Secretary of the Department of Health and Human Resources and local mental health services consumers and providers, implement throughout the state modified mental hygiene procedures that are consistent with the requirements set forth in this section. The judicial circuits selected for implementing the modified procedures shall be circuits in which the Supreme Court of Appeals determines, after consultation with the Secretary of the Department of Health and Human Resources and local mental health consumers and service providers, that adequate resources will be available to implement the modified procedures. After July 1, 2012, the Supreme Court of Appeals and the Secretary of the Department of Health and Human Resources in consultation with local mental health consumers and providers may add programs for modified mental hygiene procedures in any judicial circuit that establishes a need for the same. The personal information of an individual receiving modified mental hygiene procedures pursuant to this section may not be reported to the central state mental health registry detailed in article seven-a of chapter sixty-one of this code or to the National Instant Criminal Background Check System.
     (b) The Secretary of the Department of Health and Human Resources, after consultation with the Supreme Court of Appeals and local mental health services consumers and service providers, shall prescribe appropriate forms to implement the modified procedures and shall annually prepare reports shall prepare a written report on the efficacy of the modified procedures and transmit the report to the Legislature on or before the first day of the 2013 and 2014 regular sessions 2014 session of the Legislature.
     (c) The Supreme Court of Appeals may, after consultation with the Secretary of the Department of Health and Human Resources and local mental health services consumers and providers, further modify any specific modified procedures that are implemented pursuant to this section. The modified procedures must be consistent with the requirements of this chapter and this section. If the Secretary of the Department of Health and Human Resources determines that the use of any modified procedure in one or more judicial circuits is placing an unacceptable additional burden upon state mental health resources, the Supreme Court of Appeals shall, in consultation with the secretary, modify the procedures used in such a fashion as will address the concerns of the secretary, consistent with the requirements of this chapter. The Supreme Court of Appeals shall provide uniform petition, procedure and order forms which shall be used in all modified mental hygiene proceedings brought in this state. The provisions of this section and the modified procedures thereby authorized shall cease to have any force and effect on June 30, 2014, unless extended by an act of the Legislature prior to that date.
     (1) The modified procedures shall authorize that a verified petition seeking a treatment compliance order may be filed by any an adult person alleging:
     (A) That an individual, on two or more occasions within a twenty-four month period prior to the filing of the petition, as a result of mental illness or addiction or both, has been hospitalized pursuant to the provisions of this chapter; or that the individual has been convicted of one or more crimes of violence against the person within a twenty-four month period prior to the filing of the petition and the individual's failure to take prescribed medication or follow another prescribed regimen to treat a mental illness or addiction or both was a significant aggravating or contributing factor in the circumstances surrounding the crime;
     
(B) (A) A psychiatrist or licensed psychologist concludes that without the aid of medication or other prescribed treatment, the individual is likely to decompensate in mental health or due to substance abuse to the point that he or she becomes likely to cause serious harm to himself or herself or to others or commit a crime of violence; That the individual?s previous hospitalizations due to mental illness or addiction or both or the individual's crime of violence occurred after or as a result of the individual?s failure to take medication or other treatment as prescribed by a physician to treat the individual?s mental illness or addiction or both; and
     
(C) (B) That the individual, in the absence of a court order requiring him or her to take medication or other treatment as prescribed, is unlikely to do so and that his or her failure to take medication or follow other regimen or treatment as prescribed is likely to lead to further instances in the reasonably near future in which the individual is likely to decompensate in mental health or due to substance abuse to the point that he or she becomes likely to cause serious harm to himself or herself or others or commit a crime of violence; and against the person.
     
(C) Such information and facts in the petition as may be required by the form provided for this purpose by the Supreme Court of Appeals.
     (2) Upon the filing of a petition seeking a treatment compliance order and the petition?s review by a circuit judge or Mental Hygiene Commissioner, counsel shall be appointed for the individual if the individual does not already have counsel and a copy of the petition and all supporting evidence shall be furnished to the individual and their counsel. If the circuit judge or Mental Hygiene Commissioner determines on the basis of the petition that it is necessary to protect the individual or to secure their examination, a detention order may be entered ordering that the individual be taken into custody and examined by a psychiatrist or licensed psychologist. The examination is to be provided or arranged by a community mental health center designated by the Secretary of the Department of Health and Human Resources to serve the county in which the action takes place. A hearing on the allegations in the petition, which may be combined with a hearing on a probable cause petition conducted pursuant to the provisions of section two of this article or a final commitment hearing conducted pursuant to the provisions of section four of this article, shall be held before a circuit judge or mental hygiene commissioner. If the individual is taken into custody and remains in custody as a result of a detention order, the hearing shall be held within forty-eight hours of the time that the individual is taken into custody.
     (3) If the allegations in the petition seeking a treatment compliance order are proved by the evidence adduced at the hearing, which must include expert testimony by a psychiatrist or licensed psychologist, the circuit judge or mental hygiene commissioner may enter a treatment compliance order for a period not to exceed six months upon making the following findings:
     (A) That the individual is eighteen years of age or older;
     
(B) That on two or more occasions within a twenty-four month period prior to the filing of the petition an individual, as a result of mental illness, has been hospitalized pursuant to the provisions of this chapter; or that on at least one occasion within a twenty-four month period prior to the filing of the petition has been convicted of a crime of violence against any person;
     
(C) That the individual's previous hospitalizations due to mental illness or addiction or both occurred as a result of the individual's failure to take prescribed medication or follow a regimen or course of treatment as prescribed by a physician or psychiatrist to treat the individual's mental illness or addiction; or that the individual has been convicted for crimes of violence against any person and the individual's failure to take medication or follow a prescribed regimen or course of treatment of the individual's mental illness or addiction or both was a significant aggravating or contributing factor in the commission of the crime;
     
(D) (A) That a psychiatrist or licensed psychologist who has personally examined the individual within the preceding twenty-four months ninety days has issued a written opinion that the individual, without the aid of the medication or other prescribed treatment, is likely to decompensate in mental health or due to substance abuse to the point that he or she becomes likely to cause serious harm to himself or herself or to others or commit a crime of violence;
_____
(E) (B) That the individual, in the absence of a court order requiring him or her to take medication or other treatment as prescribed, is unlikely to do so and that his or her failure to take medication or other treatment as prescribed is likely to lead to further instances in the reasonably near future instances in which the individual is likely to decompensate in mental health or due to substance abuse to the point that he or she becomes likely to cause serious harm or commit a crime of violence; against any person;
     
(F) (C) That, where necessary, a responsible entity or individual is available to assist and monitor the individual's compliance with an order requiring the individual to take the medication or follow other prescribed regimen or course of treatment;
     (G) (D) That the individual, or the individual's guardian, can obtain and take the prescribed medication or follow other prescribed regimen or course of treatment without undue financial or other hardship; and
     (H) (E) That, if necessary, a medical provider is available to assess the individual within forty-eight hours of the entry of the treatment compliance order.
     (4) The order may require an individual to take medication and treatment as prescribed and, if appropriate, to attend scheduled medication and treatment related appointments. Provided, That A treatment compliance order shall be is subject to termination or modification by a circuit judge or mental hygiene commissioner if a petition is filed seeking termination or modification of the order and it is shown in a hearing on the petition that there has been a material change in the circumstances that led to the entry of the original order that justifies the order?s modification or termination. Provided, however, That A treatment compliance order may be extended by a circuit judge or mental hygiene commissioner for additional periods of time, not to exceed six months, upon the filing of a petition seeking an extension and after a hearing on the petition or upon the agreement of the individual.
     (5) After the entry of a treatment compliance order in accordance with the provisions of subdivisions (3) and (4) of this subsection, if a verified petition is filed alleging that an individual has not complied with the terms of a medication and treatment compliance order and if a circuit judge or mental hygiene commissioner determines from the petition and any supporting evidence that there is probable cause to believe that the allegations in the petition are true, counsel shall be appointed for the individual and a copy of the petition and all supporting evidence shall be furnished to the individual and his or her counsel. If the circuit judge or mental hygiene commissioner considers it necessary to protect the individual or to secure his or her examination, a detention order may be entered to require that the individual be examined by a psychiatrist or psychologist. The examination is to be provided or arranged by a community mental health center designated by the Secretary of the Department of Health and Human Resources to serve the county in which the action takes place.
   (A) A hearing on the allegations in the petition, which may be combined with a hearing on a probable cause petition conducted pursuant to section two of this article or a final commitment hearing conducted pursuant to section four of this article, shall be held before a circuit judge or mental hygiene commissioner. If the individual is taken and remains in custody as a result of a detention order, the hearing shall be held within forty-eight hours of the time that the individual is taken into custody.
     (B) At a hearing on any petition filed pursuant to the provisions of paragraph (A) of this subdivision, the circuit judge or mental hygiene commissioner shall determine whether the individual has complied with the terms of the medication and treatment compliance order. If the individual has complied with the order, the petition shall be dismissed. If the evidence presented to the circuit judge or mental hygiene commissioner shows that the individual has complied with the terms of the existing order, but the individual's prescribed medication, dosage or course of treatment needs to be modified, then the newly modified medication and treatment prescribed by a psychiatrist who personally examined the individual may be properly incorporated into a modified order. If the order has not been complied with, the circuit judge or mental hygiene commissioner, after inquiring into the reasons for noncompliance and whether any aspects of the order should be modified, may continue the individual upon the terms of the original order and direct the individual to comply with the order or may modify the order in light of the evidence presented at the hearing. If the evidence shows that the individual at the time of the hearing is likely to cause serious harm to himself or herself, herself or to others as a result of the individual?s mental illness, the circuit judge or mental hygiene commissioner may convert the proceeding into a probable cause proceeding and enter a probable cause order directing the involuntary admission of the individual to a mental health facility for examination and treatment. Any Procedures conducted pursuant to this subsection must comply with and satisfy all applicable due process and hearing requirements of sections two and three of this article.
     (d) The modified procedures may authorize that upon the certification of a qualified mental health professional, as described in subsection (e) of this section, that there is probable cause to believe that an individual who has been hospitalized two or more times in the previous twenty-four months because of mental illness is likely to cause serious harm to himself or herself, or to others as a result of the mental illness if not immediately restrained and that the best interests of the individual would be served by immediate hospitalization, a circuit judge, mental hygiene commissioner or designated magistrate may enter a temporary probable cause order directing the involuntary hospitalization of the individual at a mental health facility for immediate examination and treatment.
     (e) The modified procedures may authorize the chief judge of a judicial circuit, or circuit judge if there is no chief judge, to enter orders authorizing specific psychiatrists or licensed psychologists, whose qualifications and training have been reviewed and approved by the Supreme Court of Appeals, to issue certifications that authorize and direct the involuntary admission of an individual subject to the provisions of this section on a temporary probable cause basis to a mental health facility for examination and treatment. The authorized psychiatrist or licensed psychologist must conclude and certify, based on personal observation prior to certification, that the individual is mentally ill and, because of such mental illness or addiction or both, is imminently likely to cause serious harm to himself or herself or to others if not immediately restrained and promotion of the best interests of the individual requires immediate hospitalization. Immediately upon certification, the psychiatrist or licensed psychologist shall provide notice of the certification to a circuit judge, mental hygiene commissioner or designated magistrate in the county where the individual resides.
     (f) No involuntary hospitalization pursuant to a temporary probable cause determination issued pursuant to the provisions of this section shall may continue in effect for more than forty-eight hours without the filing of a petition for involuntary hospitalization and the occurrence of a probable cause hearing before a circuit judge, mental hygiene commissioner or designated magistrate. If, at any time, the chief medical officer of the mental health facility to which the individual is admitted determines that the individual is not likely to cause serious harm as a result of mental illness or addiction or both, the chief medical officer shall discharge the individual and immediately forward a copy of the individual?s discharge to the circuit judge, mental hygiene commissioner or designated magistrate.
§27-5-12. Circuit Court Shared Information Database.
          Notwithstanding any confidentiality provisions within this chapter or elsewhere in this code to the contrary, a treatment compliance order entered pursuant to section eleven of this article or a voluntary treatment agreement order entered pursuant to section two of this article is open to inspection by any other circuit court pursuant to this section. The Supreme Court of Appeals shall create a centralized database for the exchange of information regarding treatment compliance orders and voluntary treatment agreement orders among circuit courts. When a circuit court enters a treatment compliance order or a voluntary treatment agreement order, the court shall transmit the personal information necessary to identify the individual subject to the order to the Supreme Court of Appeals on a form created by the Supreme Court of Appeals. The information contained on the form shall be placed in the centralized database created by this section and shall be accessible by all circuit courts in the state. Before a circuit court addresses any matter relating to involuntary hospitalization or treatment compliance order, the circuit court shall access the database and determine if a treatment compliance order or voluntary treatment agreement order has been filed in another circuit court on the same individual. The existence of a treatment compliance order or voluntary treatment agreement order may be used by the circuit court in its discretion to limit duplication of efforts by multiple circuit courts.

          NOTE: The purpose of this bill is to provide mental health treatment alternatives to involuntary commitment; allow a court to convert an involuntary hospitalization application into a petition for a temporary compliance order; eliminate the sunset provision; modify the requirements and process necessary to enter a treatment compliance order; clarify that persons who use the modified procedures of this section are not subject to reporting to certain databases; and create a new database for compilation of certain persons to be used by the circuit courts.

          §27-5-2a and §27-5-12 are new; therefore, underscoring and strike-throughs have been omitted.

          Strike throughs indicate language that would be stricken from the present law and underscoring indicates new language that would be added.
This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2014 West Virginia Legislature ***