West Virginia Judiciary

Mental Hygiene & Guardians

Commitment of Incarcerated

Members of the public are not permitted by law to file for involuntary hospitalization of incarcerated individuals. If a person is incarcerated in a jail, prison, or other correctional facility, then only the chief administrative officer of the facility holding the individual may file an application for involuntary hospitalization. In addition, the application must contain the statement that the correctional facility itself cannot reasonably provide treatment and other services for the individual’s mental illness or addiction.