2023 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. Development of a Strategic Plan for a Sequential Intercept Model to Divert Adults and Juveniles With Mental Illness, Developmental Disabilities, Cognitive Disabilities, and Substance Use Disorders Away From the Criminal Justice System Into Treatment and to Promote Continuity of Care and Interventions; Directing Submission of a Report to the Legislature

(a) The Legislature finds that the states adult and juvenile forensic patient populations continue to increase and that the placement of forensic patients at state health care facilities, diversion facilities, group homes, transitional living facilities, in the community, and other settings continues to rapidly escalate. The Legislature further finds that persons with mental illness, developmental disabilities, cognitive disabilities, and/or substance use disorder may be overrepresented in the criminal justice system, and many of these people might not present a danger to the public if they could participate in a functioning community behavioral health continuum of care. The Legislature further finds that the increasing adult and juvenile forensic patient populations, the placement and treatment of adult and juvenile forensic patients, and the release of persons with mental illness, developmental disabilities, and other disabilities creates significant clinical, public safety, staffing, and fiscal needs and burdens for the judiciary, law enforcement, state health care facilities, correctional facilities, behavioral health professionals, hospitals, and the public. The Legislature further finds that there is a need for improved coordination among the Department of Health and Human Resources, the Division of Corrections and Rehabilitation, and the Division of Rehabilitation Services to promote the identification, safe discharge, and effective community intervention and placement of persons who suffer from mental illness, a developmental disability, a cognitive disability, and/or substance use disorder. The Legislature further finds that there is a need to develop functional standards and protocols for the identification, management, qualified assessment, and treatment of adult and juvenile forensic patients.
(b) The Chairman of the Dangerousness Assessment Advisory Board (DAAB) shall convene a multi-disciplinary study group of the following persons:
(1) The Statewide Forensic Clinical Director;
(2) The Statewide Forensic Coordinator;
(3) The two forensic psychiatrists who are members of the board;
(4) The two psychologists who are members of the board;
(5) The Director of the Office of Drug Control Policy;
(6) A designee of the Supreme Court of Appeals;
(7) A designee of the Bureau of Children and Families with experience in juvenile forensic matters;
(8) A designee of the Division of Corrections and Rehabilitation;
(9) A designee of the Division of Rehabilitation Services;
(10) A designee of the Prosecuting Attorneys Institute;
(11) A designee of the Public Defender Services;
(12) A designee of the West Virginia Behavioral Healthcare Providers Association who is a licensed clinician with forensic patient experience;
(13) A designee of the West Virginia Hospital Association;
(14) A designee of the West Virginia Housing Development Fund;
(15) A designee of Disability Rights of West Virginia;
(16) A designee of the West Virginia Sheriffs Association;
(17) A designee of the Juvenile Justice Commission; and
(18) A designee of the West Virginia University Center for Excellence in Disabilities.
(c) The purpose of the multi-disciplinary study group is to provide opinion, guidance, and informed objective expertise to the Legislature regarding each of the following areas:
(1) The development and implementation of a Sequential Intercept Model to divert adults and juveniles with mental illness, developmental disabilities, cognitive disabilities, and/or substance use disorders away from the criminal justice system and into community-based treatment or other settings where appropriate;
(2) The review and recommendation of standards and protocols for the evaluation, treatment, management, and stabilization of adult and juvenile forensic patients;
(3) A recommendation regarding standards and protocols to promote continuity of care and interventions for adult and juvenile forensic patients and inmates released from correctional facilities;
(4) The recommendation of a model to coordinate services and interventions among the Department of Health and Human Resources, the Division of Corrections and Rehabilitation, the Division of Rehabilitation Services, behavioral healthcare providers, law enforcement, and the court system to facilitate the appropriate diversion, identification, evaluation, assessment, management, and placement of adults and juveniles who suffer from mental illness, a development disability, a cognitive disability, and/or substance use disorder to ensure public safety and the effective clinical management of such persons;
(5) The identification of potential funding sources and the scope of resources needed for the implementation of the study groups recommendations; and
(6) Any other issues related to addressing the Legislatures findings.
(d) The provisions of 6-9A-1
et seq
. and 29B-1-1
et seq
. of this code are inapplicable to the operation of the study group.
(e) The written recommendations of the study group shall be submitted to the President of the Senate and the Speaker of the House of Delegates on or before November 30, 2023.
(f) Each member of the multi-disciplinary study group whose regular salary is not paid by the State of West Virginia shall be paid the same compensation and expense reimbursement that is paid to members of the Legislature for their interim duties as recommended by the Citizens Legislative Compensation Commission and authorized by law for each day or portion thereof engaged in the discharge of official duties. Reimbursement for expenses shall not be made, except upon an itemized account, properly certified by the members of the study group. All reimbursement for expenses shall be paid out of the State Treasury upon a requisition upon the State Auditor.