West Virginia 2023 Regular Session

West Virginia Senate Bill SB232

Introduced
1/16/23  
Refer
1/16/23  
Engrossed
2/6/23  
Refer
2/7/23  
Refer
2/7/23  
Enrolled
3/11/23  
Passed
3/29/23  

Caption

Creating study group to make recommendations regarding diversion of persons with disabilities from criminal justice system

Impact

If passed, SB232 mandates improved coordination among relevant state departments, such as Health and Human Resources, Corrections and Rehabilitation, and Rehabilitation Services. The study group's recommendations will focus on developing a Sequential Intercept Model aimed at facilitating the transition of individuals with disabilities away from the criminal justice system and into community-based treatment options. This approach seeks to alleviate the burden on state facilities and ensure appropriate care for those who may be overrepresented in correctional settings.

Summary

Senate Bill 232 aims to address the challenges faced by persons with mental illnesses, developmental disabilities, cognitive disabilities, and substance use disorders within the criminal justice system in West Virginia. The bill proposes the creation of a multi-disciplinary study group responsible for making recommendations regarding the diversion of these individuals from the criminal justice system into appropriate treatment and care facilities. This initiative responds to the growing concern that many individuals in this demographic do not pose a threat to public safety and can benefit from community-based support rather than incarceration.

Sentiment

The general sentiment around SB232 appears to be supportive, particularly from advocacy groups and mental health professionals who view the bill as a beneficial step toward reforming how the state handles individuals with disabilities in the criminal justice system. The emphasis on community care and the recognition of the need for systematic change indicate a progressive shift in addressing mental health issues. However, potential contention may arise from law enforcement or public safety advocates concerned about how such diversions might impact crime rates and community safety.

Contention

A notable point of contention could involve the adequacy of the proposed community-based programs to effectively manage and rehabilitate individuals previously incarcerated. Critics may argue whether sufficient resources and funding will be allocated to ensure these individuals receive proper treatment and support outside of the corrections system. Additionally, the bill's requirement for collaboration between various agencies may present challenges in implementation, requiring clear guidelines and accountability measures to ensure success.

Companion Bills

No companion bills found.

Previously Filed As

WV SB632

Relating to Dangerousness Assessment Advisory Board multi-disciplinary study group

WV SB196

Health Needs Of Persons In Criminal Justice System

WV AB2026

Disabilities: person-first terminology.

WV SB54

Criminal Justice Changes

WV HB07192

An Act Concerning A Protection And Advocacy System For Persons With Disabilities.

WV S524

Creates Mental Health Diversion Program to divert eligible persons away from criminal justice system and into appropriate case management and mental health services.

WV SB1739

2025-2026; criminal justice

WV S251

Creates "Mental Health Diversion Program" to divert eligible persons away from criminal justice system; appropriates $10 million.

WV A1700

Creates Mental Health Diversion Program to divert eligible persons away from criminal justice system and into appropriate case management and mental health services.

WV AB473

Mental health: criminal justice: pilot project.

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