HB 2347: The Joel Archer Substance Abuse Intervention Act. - West Virginia

hb2347 s jud am _1 4-9 adopted.htm → hb2347 sfat stuart _1 4-10 adopted.htm · 2 edits

MINOR

The bill title and amendment history were updated to reflect a new amendment by Senator Stuart, replacing the previous Judiciary Committee amendment. The substantive policy content of the bill remains unchanged based on this diff.

Scope change

No substantive scope or applicability changes detected; only administrative header and amendment source information were modified.

TECHNICAL

Amendment header changed from Judiciary Committee amendment to Senator Stuart's amendment, with updated bill tracking numbers.

Amendment description updated to reflect new title substitution rather than full bill replacement.

Committee Substitute → hb2347 s jud am _1 4-9 adopted.htm · 3 edits

MINOR

The document appears to be a legislative amendment record showing that the Judiciary Committee moved to replace the entire Committee Substitute version of HB 2347 with provisions from a different bill (Senate Bill 761). This represents a complete replacement of the bill's content rather than incremental changes to the mental health reform provisions originally drafted.

Scope change

The bill's scope is being replaced entirely with provisions from Senate Bill 761, meaning all the mental health reform provisions in HB 2347 (mental hygiene regions, video evaluations, civil immunity, observation releases, etc.) would be superseded by SB 761's provisions.

ENFORCEMENT

All original HB 2347 provisions regarding mental hygiene regions, video technology for evaluations, civil immunity for providers, temporary observation releases, and commitment hearing requirements were removed.

New provisions from Senate Bill 761 were added to replace the entire bill, though the specific content of SB 761 is not shown in this amendment record.

TECHNICAL

The bill text was completely replaced rather than amended, changing the legislative approach from HB 2347 to SB 761 provisions.

Enrolled Committee Substitute → Committee Substitute · 9 edits

MAJOR

This bill significantly restructures West Virginia's mental health involuntary commitment system by creating new mental hygiene regions with full-time commissioners employed by the Supreme Court of Appeals, allowing videoconferencing for evaluations and hearings, and adding new protections for individuals with substance use disorders. The changes aim to modernize the system, improve access to timely evaluations, and provide clearer standards for involuntary hospitalization while maintaining due process rights.

Scope change

The bill expands the scope of mental hygiene proceedings to include videoconferencing technology and creates a new regional commissioner system that replaces the county-based appointment system in designated areas.

REQUIREMENT

New mental hygiene regions with full-time commissioners employed by the Supreme Court of Appeals, replacing county-based appointments in designated areas

Videoconferencing allowed for mental hygiene evaluations and hearings unless specifically ordered otherwise

New temporary observation release provision allowing up to 120-day conditional release before full commitment proceedings

Requirement for comprehensive community mental health centers to ensure continuous evaluator availability including after-hours, weekends, and holidays

Removed requirement that diagnosis of dementia, epilepsy, or intellectual disability alone can be basis for involuntary commitment

New provision stating that refusal of substance abuse services alone does not constitute evidence of lack of judgment

ELIGIBILITY

Expanded criteria for involuntary hospitalization to include individuals with substance use disorders who have lost self-control and cannot make rational decisions about treatment

TIMELINE

Maximum commitment period increased from 90 days to 120 days without requiring additional hearings

ENFORCEMENT

Civil liability protections for mental health professionals performing involuntary commitment examinations, limiting liability to cases of negligence or bad faith

Engrossed Committee Substitute → Enrolled Committee Substitute · 6 edits · Apr 30, 2025

MODERATE

The bill was converted from a Committee Substitute version to the final Enrolled version, adding a new title and substantive amendments to involuntary hospitalization laws. Key changes include adding new grounds for commitment based on substance use disorders, establishing civil immunity for mental health providers in certain cases, allowing video hearings, and creating a new 'Joel Archer Substance Abuse Intervention Act' to name the 2025 amendments.

Scope change

The bill's scope expanded to include specific provisions for substance use disorders as grounds for involuntary hospitalization, which was not explicitly detailed in the original Committee Substitute text.

ELIGIBILITY

Added specific criteria for involuntary hospitalization based on substance use disorders, including loss of self-control and inability to make rational decisions about treatment.

REQUIREMENT

Established civil immunity for mental health service providers performing involuntary commitment examinations unless they acted with negligence or bad faith.

Authorized mental hygiene proceedings and examinations to be conducted via video technology.

Added requirements for chief medical officers to conduct clinical assessments every 30 days for individuals committed under certain provisions.

Established procedures for removing individuals from the mental health registry after completing substance use rehabilitation programs.

SCOPE

Created a new named act, the 'Joel Archer Substance Abuse Intervention Act,' to identify the 2025 legislative amendments.

Introduced Version → Engrossed Committee Substitute · 8 edits · Apr 12, 2025

MODERATE

This bill restructures West Virginia's mental hygiene system by creating full-time commissioners employed by the Supreme Court of Appeals, authorizing video hearings and evaluations, and establishing a temporary observation release option. It also sets new time limits for involuntary commitment (90 days maximum without extended hearing, 120 days total cap) and expands evaluator availability requirements to ensure continuous coverage including weekends and holidays.

Scope change

The bill expands mental hygiene proceedings statewide through regionalization and video technology, while clarifying that certain provisions apply only to forensic patients and removing obsolete transcript requirements.

REQUIREMENT

Created new mental hygiene regions with full-time commissioners employed by the Supreme Court of Appeals, replacing the previous circuit judge appointment system.

Authorized mental hygiene evaluations and hearings to be conducted via video technology, requiring facilities to provide compliant equipment.

Established temporary observation release allowing release of committed individuals for up to 120 days with treatment compliance monitoring.

Required comprehensive community mental health centers to ensure at least one examiner is available for continuous coverage including after-hours, weekends, and holidays.

TIMELINE

Limited involuntary commitment to 90 days maximum without extended hearing, with a 120-day total cap before requiring new commitment criteria review.

SCOPE

Clarified that chief medical officer release approval requirements apply only to forensic patients, not all committed individuals.

TECHNICAL

Removed obsolete language regarding transcripts of proceedings to the circuit court of county of residence.

ENFORCEMENT

Granted civil immunity to mental health service providers conducting involuntary commitment proceedings, except in cases of negligence or bad faith.

The Joel Archer Substance Abuse Intervention Act.

What changed between versions

How they voted

Actions timeline

Sponsors