West Virginia Code 16-59-3 – Referrals to recovery residences; prohibitions; receipt of state funds
(a) The certifying agency shall maintain, publish, and disseminate a list of drug- and alcohol-free housing certified pursuant to this section. This list shall be disseminated to the department for use by each state agency or vendor with a statewide contract that provides substance use disorder treatment services. The list shall also be posted on the website maintained by the certifying agency.
Terms Used In West Virginia Code 16-59-3
- board: means a board of health serving one or more counties or one or more municipalities or a combination thereof. See West Virginia Code 16-1-2
- Certificate of compliance: means a certificate that is issued to a recovery residence by the department's appointed certifying agency. See West Virginia Code 16-59-1
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the Department of Health and Human Resources. See West Virginia Code 16-59-1
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Recovery residence: means a single-family, drug-free, and alcohol-free residential dwelling unit, or other form of group housing, that is offered or advertised by any person or entity as a residence that provides a drug-free and alcohol-free living environment for the purposes of promoting sustained, long-term recovery from substance use disorder. See West Virginia Code 16-59-1
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(b) The Division of Corrections and Rehabilitation, the Parole Board, county probation offices, day report centers, municipal courts, and a medical or clinical treatment facility that receives any funds for its operations from the State Treasury may not make a referral of any prisoner, parolee, probationer, or prospective, current, or discharged patient or client to a recovery residence unless the recovery residence holds a valid certificate of compliance as provided in § 16-59-2 of this code.
(c) No recovery residence is eligible to receive funds from any source within the State Treasury unless it holds a valid certificate of compliance as provided in § 16-59-2 of this code.
(d) A state agency and a medical or clinical treatment facility that receive funds for its operation from the State Treasury, that make referrals to recovery residences shall maintain records of referrals to or from recovery residences.
(e) Nothing in this section requires a state agency or a clinical or medical provider to make a referral of a person to a recovery residence.
(f) A person who violates this section commits a misdemeanor, punishable by a fine of not less than $500 nor more than $1,000.