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Mental Hygiene Pilot Program: Senate Bill 315

SB 315 creating mental hygiene pilot program in certain counties or circuits passed the Senate on March 3, 2004 and went to House Judiciary on March 4, 2004 where it failed to complete the legislative process.

The purpose of SB 315 is to create a mental hygiene pilot program, to be implemented in four to six judicial circuits for a period of five years. The primary focus of the pilot project is to reduce the cost of the hearing process involved in involuntary hospitalizations, while implementing judicial measures intended to more successfully address problems associated with addiction as well as the failure or refusal by individuals to take presecribed medication, which causes these individuals to become repeatedly involved in the current mental hygiene framework.

In summary, this bill will establish a pilot program whereby individuals with a history of mental illness or addiction who are likely to cause danger to themselves or others can be picked up, held, and treated for 120 hours without any type of hearing or due process. This action violates the civil rights of an individual to hold and treat them without due process.

March 1, 2004 Update: SB 315 was passed out of Senate Health and Human Resources and the Judiciary Committees today and was sent to the floor for a vote. Advocates raised enough concern to get several amendments attached to the bill which makes it less offensive. In fact, it will affect fewer people and the total number of hours an individual can be picked up, held, and treated were reduced from 120 to 72. The pilot program would also be limited to three counties as opposed to five counties.

While this helps, it is still a violation of people's rights to be detained and treated without due process. Everyone should be guaranteed due process regardless of the disability.

Action Needed

On Tuesday, March 2, 2004, please contact every Senator and ask them to vote NO on SB 315. See Senate Contact List for email addresses and phone numbers. You can also call 877-565-3447 and ask to speak to your Senator.

For more information on our Legislative agenda or MTSTCIL, please contact the Mountain State Center nearest you:

Huntington - 304-525-3324
Beckley - 304-255-0122
Sistersville - 304-652-2116

OR visit our Web site at: www.mtstcil.org

Updated: March 13, 2004