SB 761 West Virginia Senate · 2025 Regular Session

Creating Joel Archer Substance Abuse Intervention Act

SB 761, the Joel Archer Substance Abuse Intervention Act, establishes a legal process for court-ordered, involuntary treatment of adults with substance use disorders who pose an imminent danger to themselves or others. It requires a petition from a spouse or a dependent (as defined by federal tax law) to initiate proceedings, with the court verifying the petitioner’s relationship and the respondent’s danger to self/family. The bill mandates a 14-day hearing timeline, a 24-hour pre-hearing medical exam by two professionals, and guarantees payment for treatment through the petitioner or state/federal programs. It specifically prohibits involuntary treatment unless the person meets all criteria: suffering from substance use disorder, presenting imminent danger, and reasonably benefiting from treatment.

Bill status passed 3 of 5 stages cleared

Introduction

Mar 2025

Committee Review

Apr 2025

Senate Passage

Mar 2025

House of Delegates Passage

Governor

Introduced Mar 14, 2025 Last action Apr 9, 2025

Maddy AI version diff · 2 comparisons

What changed between versions

Committee Substitute → Committee Substitute for the Committee Substitute · 7 edits

MODERATE

This bill transforms a standalone substance abuse intervention act into a comprehensive revision of West Virginia's involuntary hospitalization laws. It expands the scope to include both mental illness and substance use disorder, clarifies eligibility criteria for involuntary treatment, and establishes new protections for individuals' rights during commitment proceedings.

Scope change

Changed from a separate article (5A) focused solely on substance use disorder to a unified article (5) covering both mental illness and substance use disorder under existing involuntary hospitalization procedures.

SCOPE

Expanded scope from substance use disorder only to include both mental illness and substance use disorder under unified involuntary hospitalization procedures.

ELIGIBILITY

Added specific criteria for substance use disorder commitment including loss of self-control, need for services, and impaired judgment due to substance abuse.

REQUIREMENT

Added requirement that individuals must agree to voluntary treatment before being removed from involuntary hospitalization prior to probable cause hearing.

Added requirement for outpatient treatment consideration and voluntary treatment agreements before involuntary commitment when appropriate.

TIMELINE

Modified timeframes for hearings and examinations, including 72-hour emergency treatment and 90-day maximum initial commitment periods.

ENFORCEMENT

Added provisions for firearm rights restoration and removal from mental health registry after completing substance use rehabilitation programs.

DEFINITION

Added explicit protection that mere refusal of substance abuse services does not constitute evidence of lack of judgment.

Floor votes · Senate Mar 29, 2025

How they voted

32–0

Passed · 1 other

Total votes 33

Mar 29, 2025

D Democratic2

2 Yea

100% Yea

R Republican31

30 Yea 1

96% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Apr 9, 2025

Committee

To House Finance

lower

Apr 9, 2025

Lower · Passed

With amendment, do pass, but first to Finance

lower

Mar 31, 2025

Committee

To House Health and Human Resources

lower

Mar 31, 2025

Committee

To Health and Human Resources then Finance

lower

Mar 31, 2025

Introduced

Introduced in House

lower

Mar 29, 2025

Upper · Passed

Passed Senate (Roll No. 222)

upper

Mar 27, 2025

Upper · Passed

Committee substitute for committee substitute reported

upper

Mar 20, 2025

Committee

To Judiciary

upper

Mar 20, 2025

Upper · Passed

Committee substitute reported, but first to Judiciary

upper

Mar 14, 2025

Introduced

Introduced in Senate

upper

1 primary · 3 co-sponsors