There is a newer version of the West Virginia Code
2005 West Virginia Code - CHAPTER 27. — MENTALLY ILL PERSONS
- CHAPTER 27. — MENTALLY ILL PERSONS.
- ARTICLE 1. — WORDS AND PHRASES DEFINED.
- §27-1-1. — Definitions.
- §27-1-2. — Mental illness.
- §27-1-3. — Mental retardation.
- §27-1-4. — Inebriate.
- §27-1-5. — Physician.
- §27-1-6. — State hospital.
- §27-1-7. — Administrator and clinical director.
- §27-1-8. — Resident of state and county.
- §27-1-9. — Mental health facility.
- §27-1-10. — Psychologists and psychiatrists.
- §27-1-11. — Addiction.
- §27-1-12. — Likely to cause serious harm.
- §27-1-13. — Chief medical officer.
- §27-1-14. — Detained or taken into custody.
- §27-1-15. — Computation of time.
- §27-1-16. — Incapacitated.
- §27-1-17. — Judicial officer.
- ARTICLE 1A. — DEPARTMENT OF HEALTH.
- §27-1A-1. — Statement of policy.
- §27-1A-2. — Creation; composition; control of state hospitals.
- §27-1A-3. — Appointment of commissioner; qualifications; term; oath; bond; salary and expenses.
- §27-1A-4. — Powers and duties of the commissioner; power of eminent domain.
- §27-1A-5. — Division of administration; deputy; deputy commissioner; deputy commissioner's qualifications, powers and duties.
- §27-1A-6. — Division of professional services; powers and duties of supervisor; liaison with other state agencies.
- §27-1A-7. — Division of community services; powers and duties of supervisor.
- §27-1A-8. — Superintendents to pay money to state treasury through department of mental health; appropriations; deficiency; how met.
- §27-1A-9. — Transfer of control, records and property from board of control to department of mental health.
- §27-1A-10. — Transfer of records and personnel from department of health to division of community services.
- §27-1A-11. — Division on alcoholism and drug abuse; powers and duties; definitions.
- §27-1A-12. — Lesage tree nursery transferred from department of natural resources to department of mental health; use as center for mentally retarded.
- ARTICLE 2. — MENTAL HEALTH FACILITIES.
- §27-2-1. — State hospitals and other facilities; transfer of control and property from department of mental health to department of health; civil service coverage.
- §27-2-1a. — Department of health authorized to lease Greenbrier school for retarded children.
- §27-2-1b. — Deinstitutionalization of residents at Colin Anderson.
- §27-2-2. — Superintendents; qualifications and exceptions therefrom; salaries of superintendents and other officers and employees; furnishing of meals, household facilities, etc.
- §27-2-3. — Rules as to patients.
- §27-2-4. — Forms for committing patients; other records.
- §27-2-5. — Reports by superintendents; records of director of health.
- §27-2-6. — Moneys received by state hospitals and facilities.
- ARTICLE 2A. — MENTAL HEALTH-MENTAL RETARDATION CENTERS.
- §27-2A-1. — Comprehensive community mental health-mental retardation centers; establishment, operation and location; access to treatment.
- ARTICLE 3. — CONFIDENTIALITY.
- §27-3-1. — Definition of confidential information; disclosure.
- §27-3-2. — Authorization of disclosure of confidential information.
- ARTICLE 4. — VOLUNTARY HOSPITALIZATION.
- §27-4-1. — Authority to receive voluntary patients.
- §27-4-2. — Release of voluntary patients.
- §27-4-3. — Right to release on application.
- §27-4-4. — Admission and treatment of voluntary patients; statement of rights; consent for treatment.
- ARTICLE 5. — INVOLUNTARY HOSPITALIZATION.
- §27-5-1. — Appointment of mental hygiene commissioner; duties of mental hygiene commissioner; duties of prosecuting attorney; duties of sheriff; duties of supreme court of appeals; use of certified municipal law-enforcement officers.
- §27-5-1a. — Appointment of attorney to aid prosecutor; certification of performance; fee.
- §27-5-2. — Institution of proceedings for involuntary custody for examination; custody; probable cause hearing; examination of individual.
- §27-5-2a. — Repealed.
- §27-5-3. — Admission under involuntary hospitalization for examination; hearing; release.
- §27-5-4. — Institution of final commitment proceedings; hearing requirements; release.
- §27-5-5. — Judicial review.
- §27-5-6. — Repealed.
- §27-5-7. — Hospitalization by agency of the United States.
- §27-5-8. — Repealed.
- §27-5-9. — Rights of patients.
- §27-5-10. — Transportation for the mentally ill or substance abuser.
- §27-5-11. — Modified procedures for temporary compliance orders for certain medication dependent persons with prior hospitalizations or convictions; to institute modified mental hygiene procedures; procedures; forms.
- ARTICLE 6. — COMMITMENT OF INEBRIATES AND CRIMINALLY MENTALLY ILL.
- §§27-6-1 to 27-6-8. — Repealed.
- ARTICLE 6A. — COMMITMENT OF PERSONS CHARGED OR CONVICTED OF A CRIME.
- §27-6A-1. — Determination of competency of defendant to stand trial and of criminal responsibility; examination; commitment.
- §27-6A-2. — Hearing on competency to stand trial; findings.
- §27-6A-3. — Court jurisdiction over persons found not guilty by
- §27-6A-4. — Release from jurisdiction of the court; discharge.
- §27-6A-5. — Periodic review of person found incompetent to stand trial.
- §27-6A-6. — Judicial hearing of defendant's defense other than not guilty by reason of mental illness.
- §27-6A-7. — Release of defendant during course of criminal proceedings.
- §27-6A-8. — Credit for time; expenses.
- §27-6A-9. — Development of conditional release plans.
- ARTICLE 7. — RELEASE, DISCHARGE AND READMISSION OF PATIENTS; ESCAPEES.
- §27-7-1. — Discharge.
- §27-7-2. — Release of patients on convalescent status.
- §27-7-3. — Release as unimproved.
- §27-7-4. — Readmission of patients.
- §27-7-5. — Return of escapees; veterans.
- ARTICLE 8. — MAINTENANCE OF MENTALLY ILL OR MENTALLY RETARDED PATIENTS.
- §27-8-1. — Maintenance of patients; patient assets; reimbursement procedures.
- §27-8-2. — Repealed.
- §27-8-2a. — Repealed.
- §27-8-2b. — Local mental health programs -- Separate account for receiving and expending gifts, bequests, donations, fees and miscellaneous income.
- §27-8-3. — Care of patients in boarding homes.
- ARTICLE 9. — LICENSING OF HOSPITALS.
- §27-9-1. — License from director of health; regulations.
- ARTICLE 10. — WEST VIRGINIA TRAINING SCHOOL.
- §§27-10-1 to 27-10-5. — Repealed.
- ARTICLE 11. — COMMITTEE; DISPOSITION OF PROPERTY.
- §§27-11-1 to 27-11-5. — Repealed.
- ARTICLE 12. — OFFENSES.
- §27-12-1. — Malicious making of medical certificate or complaint as to mental condition.
- §27-12-2. — Trespass on grounds of state hospitals.
- §27-12-3. — Miscellaneous offenses.
- ARTICLE 13. — LAWS REPEALED; SEVERABILITY.
- §27-13-1. — Laws repealed.
- §27-13-2. — Severability.
- ARTICLE 14. — INTERSTATE COMPACT ON MENTAL HEALTH.
- §27-14-1. — Governor to execute compact.
- §27-14-2. — Compact administrator.
- §27-14-3. — Supplementary agreements.
- §27-14-4. — Financial arrangements.
- §27-14-5. — Transmittal of copies of article.
- ARTICLE 15. — INTERSTATE COMPACT ON THE MENTALLY DISORDERED OFFENDER.
- §27-15-1. — Enactment of compact.
- §27-15-2. — Who may enter into contracts under compact.
- §27-15-3. — Effective date.
- ARTICLE 16. — STERILIZATION OF MENTAL DEFECTIVES.
- §27-16-1. — Persons subject to sterilization; procedure.
- §27-16-2. — Appeal from court order.
- §27-16-3. — Immunity of physician performing surgical procedure.
- §27-16-4. — Limitations of article.
- §27-16-5. — Legal counsel; compensation; costs.
- ARTICLE 17. — GROUP RESIDENTIAL FACILITIES.
- §27-17-1. — Definitions.
- §27-17-2. — Permitted use of group residential facilities; restrictions.
- §27-17-3. — License from director of health; application; regulations; revocation.
- §27-17-4. — Exclusion by private agreement void.
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