West Virginia 2023 Regular Session

West Virginia House Bill HB2793

Introduced
1/18/23  
Refer
1/18/23  

Caption

Relating to mental health treatment for inmates

Impact

By reinforcing that inmates cannot be denied involuntary hospitalization due to their incarceration status, the bill impacts both mental health and criminal justice policies. It emphasizes the necessity of adequate mental health care within correctional facilities, mandating examination and treatment processes that are responsive to inmates' needs. This legislative change aims to prevent harm to both individuals and society by ensuring that those who pose a significant risk due to mental illness receive appropriate care.

Summary

House Bill 2793 seeks to amend and reenact specific provisions of the West Virginia Code concerning the process of involuntary hospitalization for inmates with mental health issues or substance use disorders. The bill clarifies which individuals are eligible for involuntary hospitalization and specifies that applications for such hospitalization cannot be denied solely because the individual is incarcerated. This change addresses the unique challenges faced by correctional facilities in adequately treating inmates with serious mental health needs.

Sentiment

The overall sentiment toward HB 2793 seems supportive, especially among advocates for mental health reform and inmate rights, who view it as a crucial step in enhancing mental health treatment for incarcerated individuals. Nonetheless, there may be concerns regarding the practical implications of implementing such a policy within the existing framework of correctional health care, including funding, staffing, and resource allocation.

Contention

Despite its intended benefits, contention arises around the execution of the bill and its potential consequences. Critics might argue about the adequacy of resources available for the necessary evaluations and treatments mandated by the bill. There is also concern about ensuring due process rights for inmates during involuntary hospitalization proceedings, raising questions about how these processes will be conducted fairly and effectively within the justice system.

Companion Bills

No companion bills found.

Similar Bills

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WV HB3093

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WV SB655

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WV HB5154

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WV SB761

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WV HB4377

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WV HB2347

The Joel Archer Substance Abuse Intervention Act.