Introduced Version
House Bill 2238 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2238
(By Delegate Perdue)
[Introduced February 13, 2013; 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
involuntary treatment for drug and alcohol abuse; making
legislative findings; providing a procedure for the commitment
of persons suffering from alcohol or drug abuse; setting forth
the criteria for extended involuntary treatment; requiring a
probable cause hearing; setting forth the rights of persons
subject to involuntary treatment; limiting those who may
petition for involuntary treatment; setting forth what a
petition must contain; requiring a payment guarantee by the
petitioner; and requiring annual reports be made to 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 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;
patient rights.
_____(a) Notwithstanding the requirement of section two, article
five of this chapter that an individual is likely to cause serious
harm to himself, herself or to others, involuntary treatment ordered for an extended period of time for a person suffering from
alcohol and other drug abuse may be ordered as set forth in this
article, This article is 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.
_____(b) Except as otherwise provided in this article, the rights
afforded individuals subject to involuntarily hospitalization by
article five of this chapter apply to those persons ordered to
undergo treatment for alcohol and other drug abuse under this
article.
§27-1B-3. Criteria for extended involuntary treatment.
_____Although section twelve, article one of this chapter require
a finding of "likely to cause serious harm" before a person may be
involuntarily committed, this section applies only to petitions for
involuntary commitment filed in circuit court by a spouse,
relative, friend, or guardian of the individual who is to be
involuntarily committed due to alcohol and other drug abuse. A
person suffering from alcohol and other drug abuse may not 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. Petitions for sixty-day and three hundred sixty-day
involuntary treatments; petition requirements;
petitioner guarantee for costs.
_____(a) 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.
_____(b) The petition and all subsequent court documents shall be
entitled: "In the interest of [name of respondent]."
_____(c) The petition shall be filed by a spouse, relative, friend,
or guardian of the individual concerning whom the petition is
filed.
_____(d) The petition shall set forth:
_____(1) Petitioner's relationship to the respondent;
_____(2) Respondent's name, residence, and current location, if
known;
_____(3) The name and residence of respondent's parents, if living
and if known, or respondent's legal guardian, if any and if known;
_____(4) The name and residence of respondent's husband or wife, if
any and if known;
_____(5) 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;
_____(6) Petitioner's belief, including the factual basis, 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;
_____(7) The name of the treatment facility or program agreeing to
provide extended drug and alcohol treatment services to the
respondent; and
_____(8) The estimated cost of the proposed extended treatment.
_____(e) Petitions filed pursuant to this section shall be
accompanied by a guarantee, signed by the petitioner or other
person authorized under subsection (c) 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;
probable cause hearing; examination of individual.
_____(a) Upon receipt of the petition, the court shall examine the
petitioner under oath as to the contents of the petition.
_____(b) 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:
_____(1) Set a date for a hearing within fourteen days to determine
if there is probable cause to believe the respondent should be ordered to undergo treatment for alcohol and other drug abuse;
_____(2) 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
_____(3) 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.
_____(c) 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.
_____(d) 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. Reports.
_____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. The bill permits only a spouse, relative, friend, or
guardian of the individual to file a petition for involuntary
commitment for drug and alcohol abuse treatment. The bill makes
legislative findings. The bill provides a procedure for the
commitment of a person suffering from alcohol or drug abuse. The
bill sets forth the criteria for extended involuntary treatments.
The bill requires a probable cause hearing. The bill sets forth the
rights of persons subject to involuntary treatment. The bill sets
forth what a petition must contain. The bill requires a payment
guarantee by the petitioner. The bill requires annual reports be
made to the Governor and the Legislature.
This article is new; therefore, it has been completely
underscored.