West Virginia 2024 Regular Session

West Virginia Senate Bill SB632

Introduced
2/5/24  
Refer
2/5/24  
Engrossed
2/14/24  
Refer
2/15/24  
Enrolled
3/9/24  
Passed
3/26/24  

Caption

Relating to Dangerousness Assessment Advisory Board multi-disciplinary study group

Impact

If enacted, SB632 will broaden the focus of the study group's recommendations to create improved coordination across multiple state departments involved in managing individuals with mental health issues. The legislation emphasizes the need for developing standards and protocols for the care, assessment, and management of adult and juvenile forensic patients. This bill's passage may lead to changes in policies regarding the treatment pathways for these individuals, suggesting a shift from punitive approaches within the criminal system to rehabilitative and supportive measures within community health.

Summary

Senate Bill 632 seeks to amend existing West Virginia legislation concerning the management of forensic patients within the criminal justice system. The bill aims to continue the study group under the Dangerousness Assessment Advisory Board, which is tasked with developing a strategic plan for a sequential intercept model. This model is designed to divert individuals with mental illnesses, developmental disabilities, cognitive disabilities including brain injuries, and substance use disorders away from the criminal justice system, funneling them instead toward appropriate treatment facilities. The intent is to enhance public safety while addressing the pressing clinical and fiscal challenges posed by rising numbers of forensic patients requiring treatment and care.

Sentiment

The sentiment surrounding SB632 appears to be largely supportive among mental health advocates and some lawmakers, who see it as a necessary step toward addressing the complexities of mental health issues within the justice system. Proponents argue that the bill presents a more compassionate avenue for intervention, allowing individuals with mental health challenges to receive necessary care rather than incarceration. However, some may raise concerns about resource allocation and sufficient funding to support these initiatives and question the capacity of community care systems to adequately manage increased patient loads.

Contention

Notable points of contention regarding SB632 include debates about the effectiveness of community-based treatment versus traditional judicial approaches. Critics may argue that without adequate funding and resources, the proposed diversion programs might fail, exposing at-risk populations to insufficient care. Additionally, discussions on how to balance public safety concerns while advocating for treatment over punishment could surface. Skeptics may require assurance that such a significant shift in policy will not lead to increased risks, including potential reoffending by individuals who are diverted from the criminal justice system.

Companion Bills

No companion bills found.

Previously Filed As

WV SB568

Relating to Dangerousness Assessment Advisory Board

WV SB232

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

WV SB317

Authorizing DHHR to promulgate legislative rule relating to procedures pertaining to Dangerousness Assessment Advisory Board

WV HB3247

Relating to abuse and or neglect of individuals with an intellectual and or developmental disability

WV SB289

Establishing Minority Health Advisory Team

WV SB617

Relating to Intellectual and Development Disabilities Waiver Program Workforce Study

WV HB2264

Establishing the Minority Health Advisory Team

WV SB613

Relating generally to certificates of need

WV HB3458

To create the Behavioral Health Reform and Innovation Council

WV HB2018

Permitting the managed care case coordinator to attend the multidisciplinary team meeting

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