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.