Bill Text: WV HB4710 | 2020 | Regular Session | Introduced
Bill Title: Authorizing law-enforcement agencies to create a referral program for voluntary treatment of addiction
Spectrum: Slight Partisan Bill (Republican 7-4)
Status: (Introduced - Dead) 2020-02-07 - To House Judiciary [HB4710 Detail]
Download: West_Virginia-2020-HB4710-Introduced.html
WEST virginia legislature
2020 regular session
Introduced
House Bill 4710
By Delegates Rohrbach, Maynard, Canestraro, Hornbuckle, Lovejoy, Linville, Miller, Higginbotham, Waxman, Storch and Queen
[Introduced February 05, 2020; Referred to the Committee on Prevention and Treatment of Substance Abuse then the Judiciary]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60A-5-505, relating to authorizing law-enforcement agencies and officers to refer persons for treatment of addiction for when the persons voluntarily request assistance or treatment; providing for immunity from arrest and for surrender of illicit substances or paraphernalia; specifying exceptions; exempting referral information from disclosure under the Freedom of Information Act; and providing certain immunities for law- enforcement agencies and personnel.
Be it enacted by the Legislature of West Virginia:
ARTICLE 5. ENFORCEMENT AND ADMINISTRATIVE PROVISIONS.
§60A-5-505. Referral program for voluntary treatment of addiction.
(a) A law-enforcement agency may create a program to refer persons to treatment for addiction, as defined in §27-1-11 of this code, who voluntarily seek assistance from the law- enforcement agency.
(b) A person voluntarily seeking assistance through a program created pursuant to this section may present himself or herself to any office or officer of a participating law-enforcement agency to request treatment assistance and may surrender any controlled substance and paraphernalia to the law-enforcement agency at that time. When a person requests assistance under this procedure, the person shall not be placed under arrest and shall not be prosecuted for the possession of any controlled substance or drug paraphernalia surrendered to the law- enforcement agency. Items surrendered pursuant to this subsection shall be recorded by the law- enforcement agency at the time of surrender and shall be destroyed. The law-enforcement agency shall then promptly refer the requesting person to a community mental health center, medical provider, or other entity for treatment of his or her addiction.
(c) A person is ineligible for placement through a program established pursuant to this section if the person:
(1) Has an outstanding arrest warrant issued by a West Virginia court or a federal court, or has an extraditable arrest warrant issued by a court of another state;
(2) Places law enforcement or its representatives in reasonable apprehension of physical injury; or
(3) Is under the age of 18 and does not have the consent of a parent or guardian.
(d) Identifying information and referral information gathered by a program created pursuant to this section related to a person who has voluntarily sought assistance under this section is exempt from disclosure under the West Virginia Freedom of Information Act, codified in §29B-1-1 et seq. of this code.
(e) Except for intentional misconduct, any law-enforcement agency or person that provides referrals or services in accordance with subsection (b) of this section shall be immune from criminal and civil liability.
NOTE: The purpose of this bill is to authorize law-enforcement agencies to make referrals for treatment of addiction, without arrest or other criminal consequences, for persons who voluntarily request assistance or treatment.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
