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2009 West Virginia Code
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.
- §27-3-1 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.
ARTICLE 6A. COMPETENCY AND CRIMINAL RESPONSIBILITY OF PERSONS CHARGED OR CONVICTED OF A CRIME.
- §27-6A-1 Qualified forensic evaluator; qualified forensic psychiatrist; qualified forensic psychologist; definitions and requirements.
- §27-6A-2 Competency of defendant to stand trial; cause for appointment of qualified forensic evaluator; written report; observation period.
- §27-6A-3 Competency of defendant to stand trial determination; preliminary finding; hearing; evidence; disposition.
- §27-6A-4 Criminal responsibility or diminished capacity evaluation; court jurisdiction over persons found not guilty by reason of mental illness.
- §27-6A-5 Release of acquitee to less restrictive environment; discharge from jurisdiction of the court.
- §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 Competency to be adjudicated in juvenile court.
- §27-6A-10 Medications and management of court-ordered individuals.
- §27-6A-11 Payment to forensic evaluators.
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.
ARTICLE 10. WEST VIRGINIA TRAINING SCHOOL.
ARTICLE 11. COMMITTEE; DISPOSITION OF PROPERTY.
- §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.
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.
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