West Virginia Code § 27-5-10

Transportation for the mentally ill or persons with substance use
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disorder.
(a) Whenever transportation of an individual is required under the provisions of §27-4-1 et
seq. and §27-5-1 et seq. of this code, the sheriff shall provide immediate transportation to or
from the appropriate mental health facility or state hospital as described in §27-5-19(d) of
this code: Provided, That, where hospitalization occurs pursuant to §27-4-1 eet seq. of this
code, the sheriff may permit, upon the written request of a person having proper interest in
the individual's hospitalization, for the interested person to arrange forr the individual's
transportation to the mental health facility or state hospital if the sheriff determines that
those means are suitable given the individual's condition.
(b) Upon written agreement between the county commissiont on behalf of the sheriff and the
directors of the local community mental health center and emergency medical services, an
alternative transportation program may be arranged. The agreement shall clearly define the
responsibilities of each of the parties, the requirements for program participation, and the
persons bearing ultimate responsibility for the individual's safety and well-being.
(c) Use of certified municipal law-enforcement officers. — Sheriffs and municipal
governments may enter into written agreements by which certified municipal law-
enforcement officers may perform thge duties of the sheriff as described in this article. The
agreement shall determine jurisdiction, responsibility of costs, and all other necessary
requirements, including trainieng related to the performance of these duties, and shall be
approved by the county commission and circuit court of the county in which the agreement
is made. For purposes oLf this subsection, "certified municipal law-enforcement officer"
means any duly authorized member of a municipal law-enforcement agency who is
empowered to maintain public peace and order, make arrests, and enforce the laws of this
state or any political subdivision thereof, other than parking ordinances, and who is
currently certified as a law-enforcement officer pursuant to §30-29-1 et seq. of this code.
(d) WIn the event an individual requires transportation to a state hospital as defined by §27-1-6
of this code, the sheriff, or certified municipal law-enforcement officer shall contact the state
hospital in advance of the transportation to determine if the state hospital has suitable bed
capacity to place the individual.

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