H. B. 4674
(By Delegates Amores, Craig and Smirl)
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[Introduced February 27, 2004; referred to the
Committee on the Judiciary.]
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A BILL to amend and reenact §27-5-2, §27-5-3 and §27-5-4 of the
code of West Virginia, one thousand nine hundred thirty-one,
as amended, all relating to institution of proceedings for
involuntary custody for examination; custody; probable cause
hearing; examination of individual; admission under
involuntary hospitalization for examination; hearing; release;
institution of final commitment proceedings; hearing
requirements; and release.
Be it enacted by the Legislature of West Virginia:
That §27-5-2, §27-5-3 and §27-5-4 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.
§27-5-2. Institution of proceedings for involuntary custody for
examination; custody; probable cause hearing;
examination of individual.
(a) Any adult person may make an application for involuntary
hospitalization for examination of an individual when the person
making the application has reason to believe that
(1) the
individual to be examined is addicted, as defined in section
eleven, article one of this chapter; or
(2) The individual is
mentally ill and, because of his or her
addiction or mental
illness, the individual is likely to cause serious harm to himself
or herself or to others if allowed to remain at liberty while
awaiting an examination and certification by a physician or
psychologist.
Notwithstanding any language in subsection (a) of this section
to the contrary, if the individual to be examined under the
provisions of this section is incarcerated in a jail, prison or
other correctional facility, then only the chief administrative
officer of the facility holding the individual may file the
application, and the application must include the additional
statement that the correctional facility itself cannot reasonably
provide treatment and other services for the individual's mental
illness or addiction.
(b) The person making the application shall make the
application under oath.
(c) Application for involuntary custody for examination may be
made to the circuit court or a mental hygiene commissioner of the
county in which the individual resides or of the county in which he
or she may be found. When no circuit court judge or mental hygiene
commissioner is available for immediate presentation of the
application, the application may be made to a magistrate designated
by the chief judge of the judicial circuit to accept applications
and hold probable cause hearings. A designated magistrate before
whom an application or matter is pending may, upon the availability
of a mental hygiene commissioner or circuit court judge for
immediate presentation of an application or pending matter,
transfer the pending matter or application to the mental hygiene
commissioner or circuit court judge for further proceedings unless
otherwise ordered by the chief judge of the judicial circuit.
(d) The person making the application shall give information
and state facts in the application as may be required by the form
provided for this purpose by the supreme court of appeals.
(e) The circuit court, mental hygiene commissioner or
designated magistrate may enter an order for the individual named
in the application to be detained and taken into custody for the
purpose of holding a probable cause hearing as provided for in
subsection (g) of this section for the purpose of an examination of
the individual by a physician, psychologist, a licensed independent clinical social worker practicing in compliance with article
thirty, chapter thirty of this code or advanced nurse practitioner
with psychiatric certification practicing in compliance with
article seven of said chapter: Provided, That a licensed
independent clinical social worker or an advanced nurse
practitioner with psychiatric certification may only perform the
examination if he or she has previously been authorized by an order
of the circuit court to do so, said order having found that the
licensed independent clinical social worker or advanced nurse
practitioner with psychiatric certification has particularized
expertise in the areas of mental health and mental hygiene
or
addiction sufficient to make such determinations as are required by
the provisions of this section. 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. The order is to specify
that the hearing be held forthwith and is to provide for the
appointment of counsel for the individual: Provided, however, That
the order may allow the hearing to be held up to twenty-four hours
after the person to be examined is taken into custody rather than
forthwith if the circuit court of the county in which the person is
found has previously entered a standing order which establishes
within that jurisdiction a program for placement of persons awaiting a hearing which assures the safety and humane treatment of
persons: Provided further, That the time requirements set forth in
this subsection shall only apply to persons who are not in need of
medical care for a physical condition or disease for which the need
for treatment precludes the ability to comply with said time
requirements. During periods of holding and detention authorized by
this subsection, upon consent of the individual or in the event of
a medical or psychiatric emergency, the individual may receive
treatment. The medical provider shall exercise due diligence in
determining the individual's existing medical needs and provide
such treatment as the individual requires, including previously
prescribed medications. As used in this section, "psychiatric
emergency" means an incident during which an individual loses
control and behaves in a manner that poses substantial likelihood
of physical harm to himself, herself or others. Where a physician,
psychologist, licensed independent clinical social worker or
advanced nurse practitioner with psychiatric certification has
within the preceding seventy-two hours performed the examination
required by the provisions of this subdivision, the community
mental health center may waive the duty to perform or arrange
another examination upon approving the previously performed
examination. Notwithstanding the provisions of this subsection,
subsection (r), section four of this article applies regarding payment by the county commission for examinations at hearings. If
the examination reveals that the individual is not mentally ill or
addicted, or is determined to be mentally ill
or addicted but not
likely to cause harm to himself, herself or others, the individual
shall be immediately released without the need for a probable cause
hearing and absent a finding of professional negligence such
examiner shall not be civilly liable for the rendering of such
opinion absent a finding of professional negligence. The examiner
shall immediately provide the mental hygiene commissioner, circuit
court or designated magistrate before whom the matter is pending
the results of the examination on the form provided for this
purpose by the supreme court of appeals for entry of an order
reflecting the lack of probable cause.
(f) A probable cause hearing is to be held before a magistrate
designated by the chief judge of the judicial circuit, the mental
hygiene commissioner or circuit judge of the county of which the
individual is a resident or where he or she was found. If requested
by the individual or his or her counsel, the hearing may be
postponed for a period not to exceed forty-eight hours.
The individual must be present at the hearing and has the
right to present evidence, confront all witnesses and other
evidence against him or her and to examine testimony offered,
including testimony by representatives of the community mental health center serving the area. Expert testimony at the hearing may
be taken telephonically or via videoconferencing. The individual
has the right to remain silent and to be proceeded against in
accordance with the rules of evidence of the supreme court of
appeals, except as provided for in section twelve, article one of
this chapter. At the conclusion of the hearing, the magistrate,
mental hygiene commissioner or circuit court judge shall find and
enter an order stating whether or not there is probable cause to
believe that the individual, as a result of mental illness
or
addiction, is likely to cause serious harm to himself or herself or
to others.
or is addicted.
(g)
Probable cause hearings may occur in the county where a
person is hospitalized. The judicial hearing officer may: use
videoconferencing and telephonic technology; permit persons
hospitalized for addiction to be involuntary hospitalized only
until detoxification is accomplished; and specify other alternative
or modified procedures that are consistent with the purposes and
provisions of this article. The alternative or modified procedures
shall fully and effectively guarantee to the person who is the
subject of the involuntary commitment proceeding and other
interested parties due process of the law and access to the least
restrictive available treatment needed to prevent serious harm to
self or others.
(h) The magistrate, mental hygiene commissioner or circuit
court judge at a probable cause hearing or at a final commitment
hearing held pursuant to the provisions of section four of this
article finds that the individual, as a result of mental illness
or
addiction, is likely to cause serious harm to himself, herself or
others
or is addicted and because of mental illness or addiction
requires treatment, the magistrate, mental hygiene commissioner or
circuit court judge may consider evidence on the question of
whether the individual's circumstances make him or her amenable to
outpatient treatment in a nonresidential or nonhospital setting
pursuant to a voluntary treatment agreement. The agreement is to be
in writing and approved by the individual, his or her counsel and
the magistrate, mental hygiene commissioner or circuit
court judge.
If the magistrate, mental hygiene commissioner or circuit court
judge determines that appropriate outpatient treatment is available
in a nonresidential or nonhospital setting, the individual may be
released to outpatient treatment upon the terms and conditions of
the voluntary treatment agreement. The failure of an individual
released to outpatient treatment pursuant to a voluntary treatment
agreement to comply with the terms of the voluntary treatment
agreement constitutes evidence that outpatient treatment is
insufficient and, after a hearing before a magistrate, mental
hygiene commissioner or circuit judge on the issue of whether or not the individual failed or refused to comply with the terms and
conditions of the voluntary treatment agreement and whether the
individual as a result of mental illness
or addiction remains
likely to cause serious harm to himself, herself or others,
or
remains addicted the entry of an order requiring admission under
involuntary hospitalization pursuant to the provisions of section
three of this article may be entered. In the event a person
released pursuant to a voluntary treatment agreement is unable to
pay for the outpatient treatment and has no applicable insurance
coverage, including, but not limited to, private insurance or
medicaid, the secretary of health and human resources may transfer
funds for the purpose of reimbursing community providers for
services provided on an outpatient basis for individuals for whom
payment for treatment is the responsibility of the department:
Provided, That the department may not authorize payment of
outpatient services for an individual subject to a voluntary
treatment agreement in an amount in excess of the cost of
involuntary hospitalization of the individual. The secretary shall
establish and maintain fee schedules for outpatient treatment
provided in lieu of involuntary hospitalization. Nothing in the
provisions of this article regarding release pursuant to a
voluntary treatment agreement or convalescent status may be
construed as creating a right to receive outpatient mental health services or treatment or as obligating any person or agency to
provide outpatient services or treatment. Time limitations set
forth in this article relating to periods of involuntary commitment
to a mental health facility for hospitalization do not apply to
release pursuant to the terms of a voluntary treatment agreement:
Provided, however, That release pursuant to a voluntary treatment
agreement may not be for a period of more than six months if the
individual has not been found to be involuntarily committed during
the previous two years and for a period of no more than two years
if the individual has been involuntarily committed during the
preceding two years. If in any proceeding held pursuant to this
article the individual objects to the issuance or conditions and
terms of an order adopting a voluntary treatment agreement, then
the circuit judge, magistrate or mental hygiene commissioner may
not enter an order directing treatment pursuant to a voluntary
treatment agreement. If involuntary commitment with release
pursuant to a voluntary treatment agreement is ordered, the
individual subject to the order may, upon request during the period
the order is in effect, have a hearing before a mental hygiene
commissioner or circuit judge where the individual may seek to have
the order canceled or modified. Nothing in this section may affect
the appellate and habeas corpus rights of any individual subject to
any commitment order.
(h) (i) If the certifying physician or psychologist determines
that a person requires involuntary hospitalization for an addiction
to a substance which, due to the degree of addiction, creates a
reasonable likelihood that withdrawal or detoxification from the
substance of addiction will cause significant medical
complications, the person certifying the individual shall recommend
that the individual be closely monitored for possible medical
complications. If the magistrate, mental hygiene commissioner or
circuit court judge presiding orders involuntary hospitalization,
he or she shall include a recommendation that the individual be
closely monitored in the order of commitment.
(i) (j) The supreme court of appeals and the secretary of the
department of health and human resources shall collect data and
report to the Legislature at its regular annual sessions in two
thousand three and two thousand four of the effects of the changes
made in the mental hygiene judicial process along with any
recommendations which they may deem proper for further revision or
implementation in order to improve the administration and
functioning of the mental hygiene system utilized in this state, to
serve the ends of due process and justice in accordance with the
rights and privileges guaranteed to all citizens, to promote a more
effective, humane and efficient system and to promote the
development of good mental health. The supreme court of appeals and the secretary of the department of health and human resources shall
specifically develop and propose a statewide system for evaluation
and adjudication of mental hygiene petitions which shall include
payment schedules and recommendations regarding funding sources.
Additionally, the secretary of the department of health and human
resources shall also immediately seek reciprocal agreements with
officials in contiguous states to develop
interstate/intergovernmental agreements to provide efficient and
efficacious services to out-of-state residents found in West
Virginia and who are in need of mental hygiene services.
§27-5-3. Admission under involuntary hospitalization for
examination; hearing; release.
(a)
Admission to a mental health facility for examination. --
Any individual may be admitted to a mental health facility for
examination and treatment upon entry of an order finding probable
cause as provided in section two of this article and upon
certification by a physician, psychologist, licensed independent
clinical social worker practicing in compliance with the provisions
of article thirty, chapter thirty of this code or an advanced nurse
practitioner with psychiatric certification practicing in
compliance with article seven of said chapter that he or she has
examined the individual and is of the opinion that the individual
is mentally ill
or addicted and, because of such mental illness
or addiction, is likely to cause serious harm to himself or herself or
to others if not immediately restrained:
or is addicted Provided,
That the opinions offered by an independent clinical social worker
or an advanced nurse practitioner with psychiatric certification
must be within their particular areas of expertise, as recognized
by the order of the authorizing court.
(b)
Three-day time limitation on examination. -- If said
examination does not take place within three days from the date the
individual is taken into custody, the individual shall be released.
If the examination reveals that the individual is not mentally ill
or addicted, the individual shall be released.
(c)
Three-day time limitation on certification. -- The
certification required in subsection (a) of this section shall be
valid for three days. Any individual with respect to whom such
certification has been issued may not be admitted on the basis
thereof at any time after the expiration of three days from the
date of such examination.
(d)
Findings and conclusions required for certification. -- A
certification under this section must include findings and
conclusions of the mental examination, the date, time and place
thereof and the facts upon which the conclusion that involuntary
commitment is necessary is based.
(e)
Notice requirements. -- When an individual is admitted to a mental health facility pursuant to the provisions of this
section, the chief medical officer thereof shall immediately give
notice of the individual's admission to the individual's spouse, if
any, and one of the individual's parents or guardians or if there
be no such spouse, parents or guardians, to one of the individual's
adult next of kin: Provided, That such next of kin shall not be the
applicant. Notice shall also be given to the community mental
health facility, if any, having jurisdiction in the county of the
individual's residence. Such notices other than to the community
mental health facility shall be in writing and shall be transmitted
to such person or persons at his, her or their last known address
by certified
or registered mail, return receipt requested.
(f)
Five-day time limitation for examination and certification
at mental health facility. -- After the individual's admission to
a mental health facility, he or she may not be detained more than
five days, excluding Sundays and holidays, unless, within such
period, the individual is examined by a staff physician and such
physician certifies that in his or her opinion the patient is
mentally ill
or addicted and is likely to injure himself or herself
or others
or will remain addicted if allowed to be at liberty.
(g)
Fifteen-day time limitation for institution of final
commitment proceedings. -- If, in the opinion of the examining
physician, the patient is mentally ill
or addicted and because of such mental illness
or addiction is likely to injure himself or
herself or others
or will continue to abuse a substance to which he
or she is addicted if allowed to be at liberty, the chief medical
officer shall, within fifteen days from the date of admission,
institute final commitment proceedings as provided in section four
of this article. If such proceedings are not instituted within such
fifteen-day period, the patient shall be immediately released.
After the request for hearing is filed, the hearing shall not be
canceled on the basis that the individual has become a voluntary
patient unless the mental hygiene commissioner concurs in the
motion for cancellation of the hearing.
(h)
Thirty-day time limitation for conclusion of all
proceedings. -- If all proceedings as provided in articles three
and four of this chapter are not completed within thirty days from
the date of institution of such proceedings, the patient shall be
immediately released.
§27-5-4. Institution of final commitment proceedings; hearing
requirements; release.
(a)
Involuntary commitment. -- Except as provided in section
three of this article, no individual may be involuntarily committed
to a mental health facility except by order entered of record at
any time by the circuit court of the county wherein such person
resides or was found, or if the individual is hospitalized in a mental health facility located in a county other than where he or
she resides or was found, in the county of the mental health
facility and then only after a full hearing on issues relating to
the necessity of committing an individual to a mental health
facility: Provided, That, if said individual objects to the hearing
being held in the county where the mental health facility is
located, the hearing shall be conducted in the county of the
individual's residence.
(b)
How final commitment proceedings are commenced. -- Final
commitment proceedings for an individual may be commenced by the
filing of a written application under oath and the certificate or
affidavit is hereinafter provided with the clerk of the circuit
court or mental hygiene commissioner of the county of which the
individual is a resident, or where he or she may be found, or the
county of the mental health facility, if he or she is hospitalized
in a mental health facility located in a county other than where he
or she resides or may be found by an adult person having personal
knowledge of the facts of the case.
(c)
Oath; contents of application; who may inspect
application; when application cannot be filed. --
(1) The person making such application shall do so under oath.
(2) The application shall contain statements by the applicant
that he or she believes because of symptoms of mental illness
or addiction the individual is likely to cause serious harm to himself
or herself or to others
or is addicted and the grounds for such
belief, stating in detail the recent overt acts upon which such
belief is based.
(3) The written application, certificate, affidavit and any
warrants issued pursuant thereto, including any papers and
documents related thereto, filed with any circuit court or mental
hygiene commissioner for the involuntary hospitalization of any
individual shall not be open to inspection by any person other than
the individual, except upon authorization of the individual or his
or her legal representative or by order of the circuit court, and
such records may not be published except upon the authorization of
the individual or his or her legal representative.
(4) Applications shall not be accepted for individuals who
only have epilepsy, a mental deficiency or senility.
(d)
Certificate filed with application; contents of
certificate; affidavit by applicant in place of certificate. --
(1) The applicant shall file with his or her application the
certificate of a physician or a psychologist stating that in his or
her opinion the individual is mentally ill
or addicted and that
because of such mental illness
or addiction the individual is
likely to cause serious harm to himself or herself or to others if
he or she is allowed to remain at liberty
or is addicted and therefore he or she should be hospitalized, stating in detail the
recent overt acts upon which such conclusion is based.
(2) A certificate is not necessary only when an affidavit is
filed by the applicant showing facts and the individual has refused
to submit to examination by a physician or a psychologist.
(e)
Notice requirements; eight days' notice required. -- Upon
receipt of an application, the mental hygiene commissioner or
circuit court shall review the application and if it is determined
that the facts alleged, if any, are sufficient to warrant
involuntary hospitalization, forthwith fix a date for and have the
clerk of the circuit court give notice of the hearing: (1) To the
individual; (2) to the applicant or applicants; (3) to the
individual's spouse, one of the parents or guardians, or if the
individual does not have a spouse, parents or parent or guardian,
to one of the individual's adult next of kin: Provided, That such
person is not the applicant; (4) to the mental health authorities
serving the area; (5) to the circuit court in the county of the
individual's residence if the hearing is to be held in a county
other than that of such individual's residence; and (6) to the
prosecuting attorney of the county in which the hearing is to be
held. Such notice shall be served on the individual by personal
service of process not less than eight days prior to the date of
the hearing and shall specify the nature of the charges against the individual; the facts underlying and supporting the application of
involuntary commitment; the right to have counsel appointed; the
right to consult with and be represented by counsel at every stage
of the proceedings; and the time and place of the hearing. The
notice to the individual's spouse, parents or parent or guardian,
the individual's adult next of kin, or to the circuit court in the
county of the individual's residence may be by personal service of
process or by certified or registered mail, return receipt
requested, and shall state the time and place of the hearing.
(f)
Examination of individual by court-appointed physician or
psychologist; custody for examination; dismissal of proceedings. --
(1) Except as provided in subdivision (3) of this subsection,
within a reasonable time after notice of the commencement of final
commitment proceedings is given, the circuit court or mental
hygiene commissioner shall appoint a physician or psychologist to
examine the individual and report to the circuit court or mental
hygiene commissioner his or her findings as to the mental condition
or addiction of the individual and the likelihood of him or her
causing serious harm to himself or herself or to others.
or being
addicted.
(2) If the designated physician or psychologist reports to the
circuit court or mental hygiene commissioner that the individual
has refused to submit to an examination, the circuit court or mental hygiene commissioner shall order him or her to submit to
such examination. The circuit court or mental hygiene commissioner
may direct that the individual be detained or taken into custody
for the purpose of an immediate examination by the designated
physician or psychologist. All such orders shall be directed to the
sheriff of the county or other appropriate law-enforcement officer.
After such examination has been completed, the individual shall be
released from custody unless proceedings are instituted pursuant to
section three of this article.
(3) If the reports of the appointed physician or psychologist
do not confirm that the individual is mentally ill
or addicted and
might be harmful to himself or herself or to others
or is addicted
then the proceedings for involuntary hospitalization shall be
dismissed.
(g)
Rights of the individual at the final commitment hearing;
seven days' notice to counsel required. --
(1) The individual shall be present at the final commitment
hearing and he or she, the applicant and all persons entitled to
notice of such hearing shall be afforded an opportunity to testify
and to present and cross-examine witnesses.
(2) In the event that the individual has not retained counsel,
the court or mental hygiene commissioner at least six days prior to
hearing shall appoint a competent attorney and shall inform the individual of the name, address and telephone number of his or her
appointed counsel.
(3) The individual shall have the right to have an examination
by an independent expert of his or her choice and testimony from
such expert as a medical witness on his or her behalf. The cost of
such independent expert shall be borne by the individual unless he
or she is indigent.
(4) The individual shall not be compelled to be a witness
against himself or herself.
(h)
Duties of counsel representing individual; payment of
counsel representing indigent. --
(1) The counsel representing an individual shall conduct a
timely interview, make investigation and secure appropriate
witnesses and shall be present at the hearing and protect the
interest of the individual.
(2) Any counsel representing an individual shall be entitled
to copies of all medical reports, psychiatric or otherwise.
(3) The circuit court, by order of record, may allow the
attorney a reasonable fee not to exceed the amount allowed for
attorneys in defense of needy persons as provided in article
twenty-one, chapter twenty-nine of this code.
(i)
Conduct of hearing; receipt of evidence; no evidentiary
privilege; record of hearing. --
(1) The circuit court or mental hygiene commissioner shall
hear evidence from all interested parties in chamber, including
testimony from representatives of the community mental health
facility.
(2) The circuit court or mental hygiene commissioner shall
receive all relevant and material evidence which may be offered.
(3) The circuit court or mental hygiene commissioner shall be
bound by the rules of evidence promulgated by the supreme court of
appeals except that statements made to physicians or psychologists
by the individual may be admitted into evidence by the physician's
or psychologist's testimony, notwithstanding failure to inform the
individual that this statement may be used against him or her. Any
psychologist or physician testifying shall bring all records
pertaining to said individual to said hearing. Such medical
evidence obtained pursuant to an examination under this section, or
section two or three of this article, is not privileged information
for purposes of a hearing pursuant to this section.
(4) All final commitment proceedings shall be reported or
recorded, whether before the circuit court or mental hygiene
commissioner, and a transcript shall be made available to the
individual, his or her counsel or the prosecuting attorney within
thirty days, if the same is requested for the purpose of further
proceedings. In any case wherein an indigent person intends to pursue further proceedings, the circuit court shall, by order
entered of record, authorize and direct the court reporter to
furnish a transcript of the hearings.
(j)
Requisite findings by the court. --
(1) Upon completion of the final commitment hearing, and the
evidence presented therein, the circuit court or mental hygiene
commissioner shall make findings as to whether or not the
individual is mentally ill
or addicted and because of illness
or
addiction is likely to cause serious harm to himself or herself or
to others if allowed to remain at liberty
or is addicted and is a
resident of the county in which the hearing is held or currently is
a patient at a mental health facility in such county.
(2) The circuit court or mental hygiene commissioner shall
also make a finding as to whether or not there is a less
restrictive alternative than commitment appropriate for the
individual. The burden of proof of the lack of a less restrictive
alternative than commitment shall be on the person or persons
seeking the commitment of the individual.
(3) The findings of fact shall be incorporated into the order
entered by the circuit court and must be based upon clear, cogent
and convincing proof.
(k)
Orders issued pursuant to final commitment hearing; entry
of order; change in order of court; expiration of order. --
(1) Upon the requisite findings, the circuit court may order
the individual to a mental health facility for an indeterminate
period or for a temporary observatory period not exceeding six
months.
(2) The individual shall not be detained in a mental health
facility for a period in excess of ten days after a final
commitment hearing pursuant to this section unless an order has
been entered and received by the facility.
(3) If the order pursuant to a final commitment hearing is for
a temporary observation period, the circuit court or mental hygiene
commissioner may, at any time prior to the expiration of such
period on the basis of a report by the chief medical officer of the
mental health facility in which the patient is confined, hold
another hearing pursuant to the terms of this section and in the
same manner as the hearing was held as if it were an original
petition for involuntary hospitalization to determine whether the
original order for a temporary observation period should be
modified or changed to an order of indeterminate hospitalization of
the patient. At the conclusion of the hearing, the circuit court
shall order indeterminate hospitalization of the patient or
dismissal of the proceedings.
(4) An order for an indeterminate period shall expire of its
own terms at the expiration of two years from the date of the last order of commitment unless prior to the expiration, the department
of health and human resources, upon findings based on an
examination of the patient by a physician or a psychologist,
extends the order for indeterminate hospitalization: Provided, That
if the patient or his or her counsel requests a hearing, then a
hearing shall be held by the mental hygiene commissioner or by the
circuit court of the county as provided in subsection (a) of this
section.
(l)
Dismissal of proceedings. -- If the circuit court or
mental hygiene commissioner finds that the individual is not
mentally ill or addicted, the proceedings shall be dismissed. If
the circuit court or mental hygiene commissioner finds that the
individual is mentally ill
or addicted but is not because of such
illness
or addiction likely to cause serious harm to himself or
herself or to others if allowed to remain at liberty, the
proceedings shall be dismissed.
(m)
Immediate notification of order of hospitalization. -- The
clerk of the circuit court in which an order directing
hospitalization is entered, if not in the county of the
individual's residence, shall immediately upon entry thereof
forward a certified copy of same to the clerk of the circuit court
of the county of which the individual is a resident.
(n)
Consideration of transcript by circuit court of county of individual's residence; order of hospitalization; execution of
order. --
(1) If the circuit court or mental hygiene commissioner is
satisfied that hospitalization should be ordered but finds that the
individual is not a resident of the county in which the hearing is
held and the individual is not currently a resident of a mental
health facility, a transcript of the evidence adduced at the final
commitment hearing of such individual, certified by the clerk of
the circuit court, shall forthwith be forwarded to the clerk of the
circuit court of the county of which such individual is a resident,
who shall immediately present such transcript to the circuit court
or mental hygiene commissioner of said county.
(2) If the circuit court or mental hygiene commissioner of the
county of the residence of the individual is satisfied from the
evidence contained in such transcript that such individual should
be hospitalized as determined by the standard set forth above, the
circuit court shall order the appropriate hospitalization as though
the individual had been brought before the circuit court or its
mental hygiene commissioner in the first instance.
(3) This order shall be transmitted forthwith to the clerk of
the circuit court of the county in which the hearing was held who
shall execute said order promptly.
(o)
Order of custody to responsible person. -- In lieu of ordering the patient to a mental health facility, the circuit court
may order the individual delivered to some responsible person who
will agree to take care of the individual and the circuit court may
take from such responsible person a bond in an amount to be
determined by the circuit court with condition to restrain and take
proper care of such individual until further order of the court.
(p)
Individual not a resident of this state. -- If the
individual found to be mentally ill or addicted by the circuit
court or mental hygiene commissioner is a resident of another
state, this information shall be forthwith given to the secretary
of the department of health and human resources, or to his or her
designee, who shall make appropriate arrangements for transfer of
the individual to the state of his or her residence conditioned on
the agreement of the individual except as qualified by the
interstate compact on mental health.
(q)
Report to the secretary of the department of health and
human resources. --
(1) The chief medical officer of a mental health facility
admitting a patient pursuant to proceedings under this section
shall forthwith make a report of such admission to the secretary of
the department of health and human resources or to his or her
designee.
(2) Whenever an individual is released from custody due to the failure of an employee of a mental health facility to comply with
the time requirements of this article, the chief medical officer of
such mental health facility shall forthwith after the release of
the individual make a report to the secretary of the department of
health and human resources or to his or her designee of the failure
to comply.
(r)
Payment of some expenses by the state; mental hygiene fund
established; expenses paid by the county commission. --
(1) The state shall pay the commissioner's fee and such court
reporter fees as are not paid and reimbursed under article
twenty-one, chapter twenty-nine of this code out of a special fund
to be established within the supreme court of appeals to be known
as the "mental hygiene fund".
(2) The county commission shall pay out of the county treasury
all other expenses incurred in the hearings conducted under the
provisions of this article whether or not hospitalization is
ordered, including any fee allowed by the circuit court by order
entered of record for any physician, psychologist and witness
called by the indigent individual.
NOTE: The purpose of this bill is to restrict involuntary
commitment for addicted persons to those who, as a result of such
addiction, are likely to cause serious harm to themselves or
others. The bill also improves the process for the involuntary
commitment of such persons.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.