Pubdate: Wed, 12 Dec 2001
Source: Beckley Register-Herald (WV)
Copyright: 2001 The Register-Herald
Contact:  http://www.zwire.com/site/news.cfm?brd86
Details: http://www.mapinc.org/media/1441
Author: Mannix Porterfield

BILL LOOKS TO GUARD DRUG ADDICTS, MENTALLY ILL, SOCIETY

CHARLESTON - Protecting the mentally ill and drug addicts from excessive 
stays in custody - and safeguarding society from seeing them released too 
soon - surfaced Tuesday in amended judiciary panel bill. As originally 
drafted, anyone suspected of having incapacitating mental problems or 
abusing drugs would have to be released in 12 hours if not certified for a 
hearing.

Sen. Jeffrey Kessler, D-Marshall, an attorney, voiced concerns such people 
might pose a risk to themselves or others upon release simply because a 
prosecutor and physician weren't around to process them.

"My concern is that you may be releasing someone who may be dangerous to 
himself or to others because you can't find a prosecutor or doctor," 
Kessler said.

Aided by Delegates Barbara Fleischauer, D-Monongalia, and Rick Thompson, 
D-Wayne, Kessler amended the draft so a magistrate could sign an order, 
keeping people in custody for suspended mental hygiene or drug problems up 
to 24 hours before a physician certified them.

Fleischauer said she feared seeing suspected mental incompetents and drug 
abusers left in shackles unattended and not examined for long periods.

Under the amendment, however, no one could be kept more than 12 hours 
without a magistrate's signed order, and a proper holding facility must be 
provided.

Once that's done, a psychologist would have to examine them and issue a 
certification, setting up a hearing that must be held within 72 hours.

"You can't have your prosecutor and doctor take a vacation at the same 
time," quipped Sen. John Mitchell, D-Kanawha, also an attorney.

Another part of the bill allows inter-county pacts in dealing with such 
matters, even though counties may not be contiguous.

Tom Smith, counsel for the Senate Judiciary Committee, advised Delegate Joe 
Smith, D-Kanawha, the agreement is intended to protect small, rural 
counties from being omitted.

"It seems to me that small counties with limited resources get left out of 
the process," Smith had suggested.

The same measure provides for immediate release of such individuals after 
the examining psychologist finds "no probable cause" to hold them.

"It's a much better compromise that protects the interests of individuals 
and the interests of government," Mitchell added.
- ---
MAP posted-by: Keith Brilhart