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HB 2433

Allowing Magistrates under certain circumstances to be able to order a mental evaluation

2025 Regular Session Introduced by Geno Chiarelli and 4 co-sponsors

House Bill 2433 allows magistrates to order mental health evaluations for certain defendants, enhancing public safety and informing bail decisions based on mental health needs.

To House Judiciary
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Bill Summary · HB 2433

Summary of House Bill 2433

Bill Number: HB 2433
Title: Allowing Magistrates under Certain Circumstances to Order a Mental Evaluation
Status: To House Judiciary
Introduced: February 17, 2025
Classification: Bill
Subject: Health

Purpose and Intent

House Bill 2433 aims to empower magistrates and judges in West Virginia to order mental health evaluations for defendants under specific circumstances before setting bail. The intent is to ensure that individuals charged with certain offenses receive necessary mental health assessments, which may inform conditions of their bond and promote public safety.

Key Provisions

The bill proposes the addition of a new section to the West Virginia Code, specifically §62-1C-17d, which outlines the following provisions:

  • Eligibility for Evaluation: A magistrate or judge may order a mental health evaluation for defendants charged with:

    • Violation of a protective order (§48-27-903)
    • Violation of a personal safety order (§53-8-11)
    • Threats of terroristic acts (§61-6-24)

  • Evaluation Process:

    • The evaluation must be conducted by a licensed mental health provider.
    • It is to be scheduled within ten days of the order's issuance.

  • Reporting Requirements:

    • The mental health examiner is required to submit a report to the magistrate within forty-eight hours of completing the evaluation.

  • Bond Hearing Timeline:

    • A bond hearing must be held by the magistrate or judge within five days of receiving the evaluation report.

Impact

Who Would Be Affected

  • Defendants: Individuals charged with the specified offenses may undergo mental health evaluations, which could influence their bail conditions.
  • Magistrates and Judges: The bill provides magistrates and judges with additional authority and responsibility in assessing the mental health needs of defendants.
  • Mental Health Providers: Licensed mental health professionals will be engaged to conduct evaluations, potentially increasing demand for their services.

Public Safety Considerations

The bill aims to enhance public safety by ensuring that defendants who may pose a risk due to mental health issues are identified and treated appropriately before being released on bail.

Legislative Timeline

  • February 17, 2025: Bill filed for introduction and referred to the House Judiciary Committee.
  • February 17, 2025: Introduced in the House.

Conclusion

House Bill 2433 seeks to integrate mental health evaluations into the bail-setting process for specific offenses, reflecting a growing recognition of the importance of mental health in the judicial system. By allowing magistrates to order these evaluations, the bill aims to promote informed decision-making regarding bail and enhance the overall safety of the community.

Compiled from official sources — confirm details with the bill’s official record.

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