reglab/housing_qa huggingface dataset:
WV Code § 27-2-6 (2021)
2021 West Virginia Code|Chapter 27. Mentally Ill Persons|Article 2. Mental Health Facilities|§27-2-6. Moneys Received by State Hospitals and Facilities

All moneys and funds belonging to the state which shall come into the possession or under the control of the superintendent or other officer of a state hospital or facility under the control of the department of health shall be paid to the director or his designee twice a month, on or before the first and fifteenth of every month, but not more than twenty days from the time such moneys or funds were received under such rules and regulations as the director shall prescribe. The director or his designee shall pay such moneys and funds into the State Treasury immediately in the manner provided in article two, chapter twelve of this code.
WV Code § 27-3-1 (2021)
2021 West Virginia Code|Chapter 27. Mentally Ill Persons|Article 3. Confidentiality|§27-3-1. Definition of Confidential Information; Disclosure

(a) Communications and information obtained in the course of treatment or evaluation of any client or patient are confidential information. Such confidential information includes the fact that a person is or has been a client or patient, information transmitted by a patient or client or family thereof for purposes relating to diagnosis or treatment, information transmitted by persons participating in the accomplishment of the objectives of diagnosis or treatment, all diagnoses or opinions formed regarding a client’s or patient’s physical, mental, or emotional condition, any advice, instructions, or prescriptions issued in the course of diagnosis or treatment, and any record or characterization of the matters hereinbefore described. It does not include information which does not identify a client or patient, information from which a person acquainted with a client or patient would not recognize such client or patient, and de-identified information from which there is no possible means to identify a client or patient.(b) Confidential information shall not be disclosed, except:(1) In a proceeding under §27-5-4 of this code to disclose the results of an involuntary examination made pursuant to §27-5-2, §27-5-3, or §27-5-4 of this code;(2) In a proceeding under §27-6A-1 et seq. of this code to disclose the results of an involuntary examination made pursuant thereto;(3) Pursuant to an order of any court based upon a finding that the information is sufficiently relevant to a proceeding before the court to outweigh the importance of maintaining the confidentiality established by this section;(4) To provide notice to the federal National Instant Criminal Background Check System, established pursuant to section 103(d) of the Brady Handgun Violence Prevention Act, 18 U.S.C. § 922, in accordance with §61-7A-1 et seq. of this code;(5) To protect against a clear and substantial danger of imminent injury by a patient or client to himself, herself, or another;(6) Pursuant to and as provided for under the federal privacy rule of the Health Insurance Portability and Accountability Act of 1996 in 45 CFR §164, as amended under the Health Information Technology for Economic and Clinical Health Act of the American and the Omnibus Final Rule, 78 FR 5566; or(7) In a proceeding held under §44A-3-17 of this code or as required by §44A-3-18 of this code.
WV Code § 27-3-2 (2021)
2021 West Virginia Code|Chapter 27. Mentally Ill Persons|Article 3. Confidentiality|§27-3-2. Authorization of Disclosure of Confidential Information

No consent or authorization for the transmission or disclosure of confidential information is effective unless it is in writing and signed by the patient or client by his or her legal guardian. Every person signing an authorization shall be given a copy.Every person requesting the authorization shall inform the patient, client or authorized representative that refusal to give the authorization will in no way jeopardize his or her right to obtain present or future treatment.
WV Code § 27-4-2 (2021)
2021 West Virginia Code|Chapter 27. Mentally Ill Persons|Article 4. Voluntary Hospitalization|§27-4-2. Release of Voluntary Patients

The chief medical officer of a mental health facility shall release any voluntary patient who, in his opinion, has recovered or whose hospitalization is no longer advisable but he shall make every effort to assure that any further supportive services required to meet the patient's need upon his release will be provided.
WV Code § 27-4-3 (2021)
2021 West Virginia Code|Chapter 27. Mentally Ill Persons|Article 4. Voluntary Hospitalization|§27-4-3. Right to Release on Application

A voluntary patient who requests his or her release or whose release is requested in writing by his or her parents, parent, guardian, spouse or adult next of kin shall be released immediately except that:(a) If the patient was admitted on his or her own application, and request for release is made by a person other than the patient, release shall be conditioned upon the agreement of the patient thereto;(b) If the patient is under eighteen years of age, his or her release prior to becoming eighteen years of age may be conditioned upon the consent of the person or persons who applied for his or her admission; or(c) If, within ninety-six hours of the receipt of the request, the chief medical officer of the mental health facility in which the patient is hospitalized files with the clerk of the circuit court or mental hygiene commissioner of the county where the facility is situated an application for involuntary hospitalization as provided in section four, article five of this chapter, release may be postponed for twenty days pending a finding in accordance with the legal proceedings prescribed therein.Legal proceedings for involuntary hospitalization shall not be commenced with respect to a voluntary patient unless release of the patient has been requested by him or her or the individual or individuals who applied for his or her admission.
WV Code § 27-4-4 (2021)
2021 West Virginia Code|Chapter 27. Mentally Ill Persons|Article 4. Voluntary Hospitalization|§27-4-4. Admission and Treatment of Voluntary Patients; Statement of Rights; Consent for Treatment

(a) No person shall be admitted as an inpatient into a mental health facility as a voluntary patient until such person has been told and has received a written statement containing in bold print a statement that once he voluntarily admits himself into such facility, his release may not be voluntary, that the facility may seek to involuntarily commit him and may hold him against his will for thirty days pending a hearing and indefinitely after the hearing if he is committed, and that such statement shall inform the individual that he may request release at any time. Further, the individual shall be advised in writing of his rights upon admission as an inpatient to a mental health facility, including, but not limited to, those rights afforded pursuant to section nine, article five of this chapter. A copy of the statement shall be filed in the individual's permanent records and shall contain the name of the person who made the oral and written disclosure.(b) No voluntary inpatient shall be subjected to any course of treatment without such patient's written consent. Such consent shall be revocable at any time and shall not be valid for a period exceeding six months.(c) One person in every mental health facility shall be designated as the voluntary patient coordinator. Such coordinator, or his designee while the coordinator is not on duty, shall be responsible for the disclosures required by this section and for any and all discussions with voluntary patients relative to release.
WV Code § 27-5-1a (2021)
2021 West Virginia Code|Chapter 27. Mentally Ill Persons|Article 5. Involuntary Hospitalization|§27-5-1a. Appointment of Attorney to Aid Prosecutor; Certification of Performance; Fee

If, in any case, the prosecuting attorney and his assistants in a county in which there is a state mental health hospital are unable to act due to a burdensome number of cases brought under this article, the circuit court shall appoint some competent practicing attorney to act in that case. The court shall certify to the director of the administrative office of the Supreme Court of Appeals the performance of that service when completed and may allow the attorney a reasonable fee not to exceed the amount allowed for attorneys in defense of needy persons as provided in article twenty-one, chapter twenty-nine of this code. Compensation shall be paid out of the "Mental Hygiene Fund" provided for in section four of this article.
WV Code § 27-5-5 (2021)
2021 West Virginia Code|Chapter 27. Mentally Ill Persons|Article 5. Involuntary Hospitalization|§27-5-5. Judicial Review

Any individual adversely affected by any order of commitment entered by the circuit court under this article may seek review thereof by appeal to the state Supreme Court of Appeals and jurisdiction is hereby conferred upon such court to hear and entertain such appeals upon application made therefor in the manner and within the time provided by law for civil appeals generally.This section shall not be construed to in any way limit or precondition the right to seek release of such individual by habeas corpus.
WV Code § 27-5-7 (2021)
2021 West Virginia Code|Chapter 27. Mentally Ill Persons|Article 5. Involuntary Hospitalization|§27-5-7. Hospitalization by Agency of the United States

If an individual ordered to be hospitalized pursuant to section four of this article is eligible for hospital care or treatment by any agency of the United States, then, upon receipt of a certificate from such agency showing that facilities are available and that the individual is eligible for care or treatment therein, the circuit court or mental hygiene commissioner may order him to be placed in the custody of such agency for hospitalization. When any such individual is admitted pursuant to the order of such circuit court or mental hygiene commissioner to any hospital or institution established, maintained or operated by any agency of the United States within or without the state, he shall be subject to the rules and regulations of such agency. The chief officer of any hospital or institution operated by such agency and in which the individual is so hospitalized shall, with respect to such individual, be vested with the same powers as the chief medical officers of mental health facilities or the director of health within this state with respect to detention, custody, transfer, conditional release or discharge of patients. Jurisdiction is retained in the appropriate circuit court or mental hygiene commissioner of this state at any time to inquire into the mental condition of an individual so hospitalized, and to determine the necessity for continuance of his hospitalization, and every order of hospitalization issued pursuant to this section is so conditioned.
WV Code § 27-5-10 (2021)
2021 West Virginia Code|Chapter 27. Mentally Ill Persons|Article 5. Involuntary Hospitalization|§27-5-10. Transportation for the Mentally Ill or Persons With Substance Use Disorder

(a) Whenever transportation of an individual is required under the provisions of 27-4-1 et seq. and 27-5-1 et seq. of this code, the sheriff shall provide immediate transportation to or from the appropriate mental health facility or state hospital: Provided, That, where hospitalization occurs pursuant to 27-4-1 et seq. of this code, the sheriff may permit, upon the written request of a person having proper interest in the individuals hospitalization, for the interested person to arrange for the individuals transportation to the mental health facility or state hospital if the sheriff determines that those means are suitable given the individuals condition.(b) Upon written agreement between the county commission on behalf of the sheriff and the directors of the local community mental health center and emergency medical services, an alternative transportation program may be arranged. The agreement shall clearly define the responsibilities of each of the parties, the requirements for program participation, and the persons bearing ultimate responsibility for the individuals safety and well-being.(c) Use of certified municipal law-enforcement officers. Sheriffs and municipal governments may enter into written agreements by which certified municipal law-enforcement officers may perform the duties of the sheriff as described in this article. The agreement shall determine jurisdiction, responsibility of costs, and all other necessary requirements, including training related to the performance of these duties, and shall be approved by the county commission and circuit court of the county in which the agreement is made. For purposes of this subsection, "certified municipal law-enforcement officer" means any duly authorized member of a municipal law-enforcement agency who is empowered to maintain public peace and order, make arrests, and enforce the laws of this state or any political subdivision thereof, other than parking ordinances, and who is currently certified as a law-enforcement officer pursuant to 30-29-1 et seq. of this code.(d) In the event an individual requires transportation to a state hospital as defined by 27-1-6 of this code, the sheriff or certified municipal law-enforcement officer shall contact the state hospital in advance of the transportation to determine if the state hospital has suitable bed capacity to place the individual.(e) Nothing in this section is intended to alter security responsibilities for the patient by the sheriff unless mutually agreed upon as provided in subsection (c) of this section.
WV Code § 27-6-1 (2021)
2021 West Virginia Code|Chapter 27. Mentally Ill Persons|Article 6. Suicide Prevention and Awareness|§27-6-1. Dissemination of Information

(a) The Bureau for Behavioral Health and Health Facilities shall, on or before August 1, 2015, post on its website suicide prevention awareness information, to include recognizing the warning signs of a suicide crisis. The website shall include information related to suicide prevention training opportunities offered by the bureau or an agency recognized by the bureau as a training provider.(b) The bureau may assist the public middle and high school administrators in providing suicide prevention information to students in the public middle and high schools.(c) The bureau shall annually review, for adequacy and completeness, the materials or programs posted on the websites of the institutions of higher education as required by section seven, article one-b, chapter eighteen-b of this code.
WV Code § 27-6A-1 (2021)
2021 West Virginia Code|Chapter 27. Mentally Ill Persons|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

(a) For purposes of this article:(1) "Competency restoration" means the treatment or education process for attempting to restore a criminal defendants ability to consult with his or her attorney with a reasonable degree of rational understanding, including a rational and factual understanding of the court proceedings and charges against the person. Competency restoration services may be provided in a jail-based, outpatient, or inpatient setting as may be ordered by the court. (2) "Competency to stand trial" means the ability of a criminal defendant to consult with his or her attorney with a reasonable degree of rational understanding, including a rational and factual understanding of the procedure and charges against him or her. (3) "Court" or "court of record" means the circuit court with jurisdiction over the charge or charges against the defendant or acquittee.(4) "Department" means the Department of Health and Human Resources.(5) A "qualified forensic evaluator" is either a qualified forensic psychiatrist or a qualified forensic psychologist as defined in this section.(6) A "qualified forensic psychiatrist" is:(A) A psychiatrist licensed under the laws in this state to practice medicine who has completed post-graduate education in psychiatry in a program accredited by the Accreditation Council of Graduate Medical Education; and(B) Board-eligible or board-certified in forensic psychiatry by the American Board of Psychiatry and Neurology or actively enrolled in good standing in a West Virginia training program accredited by the Accreditation Council of Graduate Medical Education to make the evaluator eligible for board certification by the American Board of Psychiatry and Neurology in forensic psychiatry or has two years of experience in completing court-ordered forensic criminal evaluations, including having been qualified as an expert witness by a West Virginia circuit court.(7) A "qualified forensic psychologist" is:(A) A licensed psychologist licensed under the laws of this state to practice psychology; and(B) Board-eligible or board-certified in forensic psychology by the American Board of Professional Psychology or actively enrolled in good standing in a West Virginia training program approved by the American Board of Forensic Psychology to make the evaluator eligible for board certification in forensic psychology or has at least two years of experience in performing court-ordered forensic criminal evaluations, including having been qualified as an expert witness by a West Virginia circuit court.(b) (A) qualified forensic evaluator may not perform a forensic evaluation on an individual under 27-1-1 et seq. of this code if the qualified forensic evaluator has been the individuals treating psychologist or psychiatrist within one year prior to any evaluation order.
WV Code § 27-6A-6 (2021)
2021 West Virginia Code|Chapter 27. Mentally Ill Persons|Article 6A. Competency and Criminal Responsibility of Persons Charged or Convicted of a Crime|§27-6A-6. Judicial Hearing of Defendant S Defense Other Than Not Guilty by Reason of Mental Illness

If a defendant who has been found to be not competent to stand trial believes that he or she can establish a defense of not guilty to the charges pending against him or her, other than the defense of not guilty by reason of mental illness, the defendant may request an opportunity to offer a defense thereto on the merits before the court which has criminal jurisdiction. If the defendant is unable to obtain legal counsel, the court of record shall appoint counsel for the defendant to assist him or her in supporting the request by affidavit or other evidence. If the court of record in its discretion grants the request, the evidence of the defendant and of the state shall be heard by the court of record sitting without a jury. If after hearing the petition the court of record finds insufficient evidence to support a conviction, it shall dismiss the indictment and order the release of the defendant from criminal custody. The release order, however, may be stayed for 10 days to allow civil commitment proceedings to be instituted by the prosecutor pursuant to 27-5-1 et seq. of this code: Provided, That a defendant committed to a mental health facility or state hospital pursuant to 27-6A-3 (d) or 27-6A-3 (f) shall be immediately released from the facility unless civilly committed.
WV Code § 27-6A-7 (2021)
2021 West Virginia Code|Chapter 27. Mentally Ill Persons|Article 6A. Competency and Criminal Responsibility of Persons Charged or Convicted of a Crime|§27-6A-7. Release of Defendant During Course of Criminal Proceedings

Notwithstanding any finding of incompetence to stand trial under the provisions of this article, the court of record may at any stage of the criminal proceedings allow a defendant to be released with or without bail.
WV Code § 27-6A-8 (2021)
2021 West Virginia Code|Chapter 27. Mentally Ill Persons|Article 6A. Competency and Criminal Responsibility of Persons Charged or Convicted of a Crime|§27-6A-8. Credit for Time; Expenses

(a) If a person is convicted of a crime, any time spent in involuntary confinement in a mental health facility or state hospital as a result of being charged with the crime shall be credited to the sentence.(b) All inpatient care and treatment shall be paid by the department.(c) All competency restoration services not covered by other government, third-party funding sources, or other grant agreements shall be paid by the department.
WV Code § 27-6A-9 (2021)
2021 West Virginia Code|Chapter 27. Mentally Ill Persons|Article 6A. Competency and Criminal Responsibility of Persons Charged or Convicted of a Crime|§27-6A-9. Competency to Be Adjudicated in Juvenile Court

In a similar manner and in accordance with procedures set forth in subsection (a), section two of this article or subsection (a), section four of this article, a juvenile court may order a qualified forensic evaluator to conduct an evaluation of a juvenile to aid the court in its disposition under chapter forty-nine of this code. In a similar manner and in accordance with procedures set forth in subsection (d), section two of this article or subsection (d), section four of this article, a juvenile court may order a period of observation for an alleged delinquent or neglected juvenile at a mental health facility designated by the department to aid the court in its disposition. The period of observation may not exceed fifteen days.
WV Code § 27-6A-10 (2021)
2021 West Virginia Code|Chapter 27. Mentally Ill Persons|Article 6A. Competency and Criminal Responsibility of Persons Charged or Convicted of a Crime|§27-6A-10. Medications and Management of Court-Ordered Individuals

(a) At any time pursuant to 27-6A-2, 27-6A-3, or 27-6A-4 of this code, an individual is court ordered to a mental health facility or state hospital, the individual has the right to receive treatment under the standards of medical management.(b) An individual with health care decision-making capacity may refuse medications or other management unless court-ordered to be treated, or unless a treating clinician determines that medication or other management is necessary in emergencies or to prevent danger to the individual or others: Provided, That medication management intended to treat an individuals condition that causes or contributes to incompetency shall constitute treatment.
WV Code § 27-6A-11 (2021)
2021 West Virginia Code|Chapter 27. Mentally Ill Persons|Article 6A. Competency and Criminal Responsibility of Persons Charged or Convicted of a Crime|§27-6A-11. Payment to Forensic Evaluators

The department shall pay qualified forensic evaluators for all matters related to conducting a court-ordered forensic evaluation. The department shall develop and implement a process for prompt payment to qualified forensic evaluators. The department shall establish policies and procedures for establishing a maximum rate schedule for each of the four evaluation types (competency to stand trial, criminal responsibility, diminished capacity, dangerousness) to include all efforts towards the completion of each evaluation such as scheduling and administrative tasks, record review, psychological and other testing, interviews, report writing, research, preparation and consultation. Such policies and procedures shall include input from provider representatives as necessary and appropriate. Any rate schedule shall be fair and reasonable. The department shall consider requests for payment in excess of established rates or other expenses for good cause shown.
WV Code § 27-6A-12 (2021)
2021 West Virginia Code|Chapter 27. Mentally Ill Persons|Article 6A. Competency and Criminal Responsibility of Persons Charged or Convicted of a Crime|§27-6A-12. Study of Adult Criminal Competency and Responsibility Issues; Requiring and Requesting Report and Proposed Legislation; Submission to Legislature

[Repealed.]