Current through Register Vol. XLI, No. 36, September 6, 2024
Section 64-26-5 - Conduct of Dangerousness Assessment Advisory Board5.1. Duties. The board shall review case referrals and other requests made to it and provide informed and objective recommendations regarding such case referrals or requests in accordance with W. Va. Code § 27-6A-13(b). In its discretion, the board may perform a forensic placement audit in connection with any case referral to promote the purpose of the board and to promote appropriate placements in less restrictive settings.5.2. Chairperson. The board shall elect a chairperson who shall preside at all regular or special meetings of the board. In the absence of the chairperson, the chairperson shall designate a board member to preside at any meeting of the board. The chairperson shall have the following specific duties: (a) call and conduct all board meetings; (b) participate in planning agendas for board meetings;(c) speak as the official representative of the board;(d) designate members of the board or the administrator to appear on the board's behalf before the West Virginia Legislature or at other forums; and(e) supervise the duties of the administrator.5.3. Administrator. The administrator will be the primary point of contact for board members on administrative matters and operations of the board.5.4. Regular Meetings. The board shall convene at least once each month to review pending case referrals and make recommendations regarding case referrals. A quorum consists of six members, two of whom must meet the criteria of W. Va. Code § 27-6A-13(a)(6) and §27-6A-13(a)(7). Meeting location will be determined by the administrator in consultation with the chairperson and can be conducted in person or electronically via visual communication. The administrator will prepare a meeting agenda in consultation with the medical director and the board chairperson, if applicable, and provide the agenda to board members at least five days prior to a regular meeting.5.5. Special Meetings. A special meeting at which a quorum is present may be convened at the request of the medical director; the written request of at least four members of the board to the administrator; or at the administrator's recommendation if a circuit court makes a case referral that requires consideration prior to the board's next regular meeting. The administrator will prepare a meeting agenda in consultation with the medical director and the board chairperson, if applicable.5.6. Records for Case Referrals. The board shall have access to all court records and mental health records available to the circuit court and all documents consulted by the medical director or the statewide forensic clinical director regarding the treatment and potential placement of the forensic patient for whom a case referral or other request is under consideration. At a minimum, the documents of the forensic patient shall include all dangerousness risk assessments; all psychological testing or assessments at current mental health facility; the conditional release plan; all notes from community integration if applicable; all behavior notes; medical provider notes for last 90 days; medication administration list for last 90 days; placement date list (pink/orange sheet) maintained by the mental health facility; psychiatric evaluation(s); data from the START; and relevant pleadings, e.g., criminal complaint. The Forensics Department at William R. Sharpe, Jr., Hospital shall make all such documents available to board members via a secure and encrypted website.5.7. Recommendations in Response to Case Referrals. The board shall develop its recommendations based solely on the records available as defined in subsection 5.6. The board may not conduct any adversarial, contested, or evidentiary hearings in developing its recommendations. Any recommendation by the board requires the approval of at least five board members (two of whom must meet the criteria of W. Va. Code § 27-6A-13(a)(6) and §27-6A-13(a)(7)) at which a quorum is present. Recommendations by the board in response to a case referral shall be communicated to the requesting circuit court via letter by the chairperson within 10 days after any regular meeting or special meeting at which the case referral was considered. The board shall provide responsive and objective guidance to a court's inquiry based on available clinical information and records the board shall further provide any information or recommendations to the court that the board in its independent judgment deems appropriate to assist the court with matters including, but not limited to, treatment, placement, discharge, release, community outings, custody, supervision, and barriers or obstacles to treatment, placement, discharge, release, community outings, custody, and supervision of forensic patients.5.8. Recusal. Any member of the board who within the prior two years has performed an evaluation of a forensic patient, received remuneration as a result of an evaluation of a forensic patient, or offered or provided supervisory review or approval of an evaluation of a forensic patient under the authority of his or her professional license shall be recused from any consideration of any case referral involving such forensic patient and shall not participate in any board proceedings or discussions related to any such case referral. Notwithstanding anything herein to the contrary, the board in consultation with the board's counsel may determine that recusal is unnecessary based on the peculiar circumstances of the case referral, the disclosures of the board member, or the nature of the prior evaluation.5.9. Mail. The Office of Health Facilities, West Virginia Department of Health and Human Resources, located at 100 Dee Drive, Charleston, West Virginia 25311, shall be responsible for the receipt of all correspondence and case referrals from the courts. The Office of Health Facilities shall provide copies of all correspondence and case referrals promptly to the chairperson and the administrator.