SENATE CONCURRENT RESOLUTION NO. 38
(By Senators Wooton, Ball, Buckalew, Fanning, White, Kimble,
Schoonover, Hunter, Scott, Oliverio, Deem, Ross and Dittmar)
[Originating in the Committee on the Judiciary.]
Requesting the joint committee on government and finance to make an
interim study of the involuntary civil commitment process and
the outcomes related to that process.
Whereas, Individuals in this state may be committed
involuntarily to a mental health facility on account of mental
illness, mental retardation or addiction; and
Whereas, Individuals who are so involuntarily committed are
presently being placed in facilities according to disability, code
status, gender and age; and
Whereas, Injuries and incidents related to the practice of
mixing client populations by disability group, code status, gender
and age occur in these facilities; and
Whereas, The state has a responsibility to protect individuals
who are committed to its custody from injury and victimization that
may be due to inappropriate placement or integration of client
populations; therefore, be it
Resolved by the Legislature of West Virginia:
That the joint committee on government and finance is hereby
requested to review, examine and study the process of involuntary
commitment in this state and make a determination as to the impact of the practice of mixing client populations at mental health
facilities. This study shall include a compilation of data for the
five-year period immediately preceding the adoption of this
resolution. Data to be gathered shall include: Injuries and
incidents that occur at any stage of the involuntary commitment
process, particularly those resulting in injuries requiring outside
medical attention, incidents requiring notification of protective
services or law- enforcement authorities, sexual assaults and any
incident resulting in death. Further, this study shall: Correlate
how injuries and incidents are related to the practice of mixing
client populations; ascertain current state and federal
requirements relating to client placements, protection from harm,
least restrictive environment and the right to treatment, together
with a determination as to compliance or noncompliance with those
requirements; evaluate the adequacy of presently available forensic
services; determine the availability of appropriate placements for
involuntarily committed individuals based on disability group, with
particular emphasis on individuals with dual diagnoses; review
discharge or after-care planning for individuals who are released
from involuntary commitment, according to disability group, code
status, gender and age; and make recommendations to the Legislature
for resolving problems associated with the inappropriate
integration of client populations at mental health facilities; and,
be it
Further resolved, That the joint committee on government and
finance report to the regular session of the Legislature, 1998, on its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from the legislative appropriations to the joint committee on
government and finance.
NOTE: The purpose of this concurrent resolution is to require
an interim study by the Joint Committee on Government and Finance
with regard to the process of involuntary civil commitment.