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West Virginia Legislature· SB 741Signed

Expanding pilot program to implement involuntary commitment process, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the West Virginia Legislature, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
WEST VIRGINIA LEGISLATURE

         2026 REGULAR SESSION

                     Enrolled
            Committee Substitute

                         for

           Senate Bill 741

            BY SENATORS HELTON, THORNE, AND TAKUBO
         [Passed March 12, 2026; in effect 90 days from

                        passage (June 10, 2026)]
    Enr CS for SB 741

1 AN ACT to amend and reenact §27-5-1b of the Code of West Virginia, 1931, as amended, relating

2   to expanding a pilot program to implement an involuntary commitment process.

    Be it enacted by the Legislature of West Virginia:

    ARTICLE 5. INVOLUNTARY HOSPITALIZATION.

    §27-5-1b. Pilot projects and other initiatives.

1   (a) Duties of the Department of Human Services. — The secretary shall, in collaboration

2 with designees of the Supreme Court of Appeals, the Sheriff’s Association, the Prosecuting

3 Attorney's Association, the Public Defender Services, the Behavioral Health Providers

4 Association, Disability Rights of West Virginia, and a designee of the Dangerousness Assessment

5 Advisory Board, undertake an evaluation of the utilization of alternative transportation providers

6 and the development of standards that define the role, scope, regulation, and training necessary

7 for the safe and effective utilization of alternative transportation providers and shall further identify

8 potential financial sources for the payment of alternative transportation providers.

9 Recommendations regarding such evaluation shall be submitted to the President of the Senate

10 and the Speaker of the House of Delegates on or before July 31, 2022. The Legislature requests

11 the Supreme Court of Appeals cooperate with the listed parties and undertake this evaluation.

12  (b) Civil involuntary commitment audits. — The secretary shall establish a process to

13 conduct retrospective quarterly audits of applications and licensed examiner forms prepared by

14 certifiers for the involuntary civil commitment of persons as provided in §27-5-1 et seq. of this

15 code. The process shall determine whether the licensed examiner forms prepared by certifiers

16 are clinically justified and consistent with the requirements of this code and, if not, develop

17 corrective actions to redress identified issues. The Legislature requests the Supreme Court of

18 Appeals participate in this process with the secretary. The process and the findings thereof shall

19 be confidential, not subject to subpoena, and not subject to the provisions of §6-9A-1 et seq. and

20 §29B-1-1 et seq. of this code.

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    Enr CS for SB 741

21  (c) Duties of the Mental Health Center for purposes of evaluation for commitment. — Each

22 mental health center shall make available as necessary a qualified and competent licensed

23 person to conduct prompt evaluations of persons for commitment in accordance with §27-5-1 et

24 seq. of this code. Evaluations shall be conducted in person, unless an in-person evaluation would

25 create a substantial delay to the resolution of the matter, and then the evaluation may be

26 conducted by videoconference. Each mental health center that performs these evaluations shall

27 exercise reasonable diligence in performing the evaluations and communicating with the state

28 hospital to provide all reasonable and necessary information to facilitate a prompt and orderly

29 admission to the state hospital of any person who is or is likely to be involuntarily committed to

30 such hospital. Each mental health center that performs these evaluations shall explain the

31 involuntary commitment process to the applicant and the person proposed to be committed and

32 further identify appropriate alternative forms of potential treatment, loss of liberty if committed,

33 and the likely risks and benefits of commitment.

34  (d) Notwithstanding any provision of this code to the contrary, the Supreme Court of

35 Appeals, mental health facilities, law enforcement, Department of Human Services and the

36 Department of Health Facilities may participate in pilot projects in Cabell, Berkeley, Hampshire,

37 Morgan, Ohio, Raleigh, and Wood counties to implement an involuntary commitment process.

38 Further, notwithstanding any provision of this code to the contrary, no alternative transportation

39 provider may be utilized until standards are developed and implemented that define the role,

40 scope, regulation, and training necessary for an alternative transportation provider as provided in

41 subsection (a) of this section.

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Enr CS for SB 741
              The Clerk of the Senate and the Clerk of the House of Delegates hereby

         certify that the foregoing bill is correctly enrolled.
         ...............................................................

                       Clerk of the Senate
                           ...............................................................
                               Clerk of the House of Delegates

         Originated in the Senate.
         In effect 90 days from passage.

                                       ...............................................................
                                                 President of the Senate
                                                           ...............................................................
                                                              Speaker of the House of Delegates
                                                        __________

              The within is ................................................ this the...........................................
         Day of ..........................................................................................................., 2026.

                                                                   .............................................................
                                                                                         Governor

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