West Virginia 2024 Regular Session

West Virginia Senate Bill SB360

Introduced
1/12/24  

Caption

Creating Substance Abuse Intervention Act

Impact

The passage of SB360 would significantly alter the approach toward substance abuse treatment in West Virginia by incorporating a legal mechanism for involuntary treatment. This would expand the rights of individuals suffering from substance use disorders while ensuring that due process is observed through court assessments. The legislation intends to enhance public safety and health by intervening before potentially dangerous situations can escalate, reflecting a public health-oriented approach to addiction management.

Summary

Senate Bill 360, also known as the Substance Abuse Intervention Act or Joel's Law, introduced in January 2024, aims to address the urgent issue of substance use disorders in West Virginia by providing a structured legal framework for involuntary treatment. The bill establishes clear criteria and procedures for courts to intervene when individuals suffering from substance use disorders present an imminent threat to themselves or others. It allows for involuntary treatment for periods ranging from 60 to 360 days, ensuring that those in need can receive care regardless of their willingness to seek help independently.

Sentiment

The sentiment surrounding SB360 is diverse and reflects a spectrum of opinions. Supporters, including advocates for mental health interventions, emphasize the need for structured support for individuals who cannot recognize the extent of their addiction. Critics, however, worry about the implications for civil liberties and the potential for misuse, highlighting the importance of ensuring that individuals still retain rights during involuntary proceedings. The conversation around the bill showcases a societal struggle with balancing individual freedoms against public health priorities.

Contention

Debate around the bill has sparked concerns regarding civil rights and the effectiveness of involuntary treatment. Critics argue that forcing individuals into treatment can lead to resistance and may not address the root causes of addiction, potentially resulting in limited improvement in health outcomes. Proponents counter that the structured intervention is essential for individuals who are at risk of harming themselves or others, advocating for a compassionate approach to care that recognizes the complexities of addiction. As SB360 advances, the discussions will likely continue to evolve as stakeholders weigh the implications of such a legislative measure.

Companion Bills

No companion bills found.

Previously Filed As

WV SB196

Creating Substance Abuse Intervention Act

WV SB242

Relating to residential substance use disorder programs

WV HB2543

Develop a licensure process for recovery residences or other residential settings that present as a location where substance use disorder recovery can be facilitated

WV HB2017

Relating to service of process in child abuse cases

WV HB3182

Relating generally to mental health treatment

WV HB2541

Add licensure requirement on substance use disorder inpatient provider facilities

WV SB621

Requiring sheriff to serve child abuse and neglect petitions

WV SB698

Updating term of "physician assistant" to "physician associate"

WV HB2035

Providing tax credits for hiring those in recovery for substance abuse

WV SB647

Relating to substantiation of abuse and neglect allegations

Similar Bills

PA SB962

Providing for involuntary examination and treatment of substance use disorders.

IL HB5236

DHS-INVOLUNTARY TREATMENT

WV HB3306

Involuntary treatment for substance use disorder (Cassie’s Law)

AZ SB1607

Involuntary treatment; process; substance abuse

AZ SB1578

Court-ordered treatment; substance abuse

WV SB247

Substance Abuse Intervention Act

WV SB196

Creating Substance Abuse Intervention Act

WV SB761

Creating Joel Archer Substance Abuse Intervention Act