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.