Bill Text: WV HCR105 | 2021 | Regular Session | Introduced


Bill Title: Requesting the Joint Committee on Government and Finance study the current process of involuntary hospitalization, competency, and criminal responsibility of persons charged or convicted of certain crimes

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2021-04-10 - Communicated to Senate [HCR105 Detail]

Download: West_Virginia-2021-HCR105-Introduced.html

HOUSE CONCURRENT RESOLUTION 105

(By Delegate Summers)

[Introduced April 8, 2021; referred to Rules.]

 

Requesting the Joint Committee on Government and Finance study the current process of involuntary hospitalization, competency, and criminal responsibility of persons charged or convicted of certain crimes, as well as the effect of removing the requirement that a determination of medical stability be found prior to admission to a mental health facility.

Whereas, The overcrowding of West Virginia prisons, particularly those persons who struggle with mental health issues, is a problem that requires a hands-on approach for analysis, and

Whereas, Understanding the mental health crisis generally in West Virginia may help produce remedies to stopping this overcrowding and how to better deal with those struggling with mental health issues, and

Whereas, A study of establishing certain time frames for evaluation and competency restoration, developing standards in judicial oversight of appropriate placement of persons found noncompetent and not restorable and not guilty because of mental illness shall be integral in examining this issue; and

Whereas, A study of the effect of the creation of a possible “Dangerousness Assessment Board” to be made up of professionals in psychiatry, psychology, the commission of behavioral health, the state forensic coordinator, a disability advocate, a department of corrections employee with expertise in classification, and a division of rehabilitation services employee with experience in independent living would help shed light on the possible benefits of such a board; and

Whereas, A study to examine the effect of removing the requirement that a licensed physician find an individual is medically stable prior to admission to a mental health facility in every case is also integral to understanding this issue; and

Whereas, Finally, a study of the effect of allowing a magistrate or mental hygiene commissioner to order that the individual be evaluated for a medical condition causing or contributing to the psychiatric presentation or which might significantly impair or preclude psychiatric evaluation or treatment is integral to understanding this issue; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance study the process of involuntary hospitalization, competency, and criminal responsibility of persons charged or convicted of certain crimes, as well as the effect of removing the requirement that a determination of medical stability be found prior to admission to a mental health facility; and

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2022, on its findings, conclusions, and recommendations, together with drafts of any legislation or resolutions 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.

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