Senate 1047

WEST VIRGINIA LEGISLATURE

2026 REGULAR SESSION

Introduced

Senate Bill 1047

By Senators M. Maynard and Z. Maynard

[Introduced February 21, 2026; referred
to the Committee on the Health and Human Resources; and then to the Committee on Finance]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §16-9H-1, §16-9H-2, §16-9H-3, §16-9H-4, §16-9H-5, §16-9H-6, §16-9H-7, §16-9H-8, §16-9H-9, §16-9H-10, §16-9H-11, and §16-9H-12, relating to establishing the Community Well-Being, Recovery Housing, and Family Stabilization Act.

Be it enacted by the Legislature of West Virginia:

ARTICLE 9H. COMMUNITY WELL-BEING, RECOVERY HOUSING, AND FAMILY STABILIZATION.

§16-9H-1. Short title.

This article shall be known and may be cited as the Community Well-Being, Recovery Housing, and Family Stabilization Act.

§16-9H-2. Legislative findings and purpose.

(a) The Legislature finds that:

(1) Individuals experiencing homelessness, substance-use disorder, mental illness, or repeated public-space violations often have unmet behavioral-health needs;

(2) Criminalization of homelessness, addiction, mental illness, or poverty increases instability and recidivism;

(3) Long-term recovery housing produces improved outcomes;

(4) Peer-driven and trauma-informed recovery models are effective;

(5) Pregnant women and mothers with children require specialized recovery housing;

(6) Public property must remain safe and accessible;

(7) Community Behavioral Health Centers are appropriate providers;

(8) A statewide, public-health-oriented approach is necessary.

(b) The purpose of this article is to:

(1) Establish a non-criminal warning and referral system;

(2) Integrate CBHCs with recovery housing.

(3) Establish recovery housing standards;

(4) Support family recovery housing;

(5) Protect constitutional rights.

§16-9H-3. Definitions.

(1) "Department" means the Department of Human Services.

(2) "CBHC" means Community Behavioral Health Center.

(3) "Recovery housing" means structured, substance-free residential housing promoting recovery.

(4) "Long-term recovery program" means nine months or longer.

(5) "Family recovery housing" means housing serving pregnant women or mothers with children.

(6) "Public property" means property owned or controlled by the state or political subdivision.

§16-9H-4. Non-criminal warning and referral process.

The non-criminal warning and referral process is as follows:

(a) First encounter: verbal warning and referral.

(b) Second encounter: written warning and referral.

(c) Third encounter: mandatory referral to CBHC.

(d) No arrest, citation, or incarceration permitted.

§16-9H-5. Public-property camping; non-criminal enforcement.

Violations relating to public-property camping shall be addressed only through the process set forth in §16-9H-4 of this code.

§16-9H-6. Recovery housing program standards

(a) Recovery housing program standards shall be established based on the following criteria:

(1) Long-term, phase-based structure.

(2) Behavioral-health enrollment.

(3) Accountability and safety policies.

(4) Peer-driven models permitted.

(5) CBHC’s may make referrals to certified recovery residences.

(b) Nothing in this article may be construed to require a Community Behavioral Health Center to own, operate, or directly provide recovery housing.

§16-9H-7. Recovery housing for expectant mothers and mothers with children.

Recovery housing for expectant mothers and mothers with children shall include

family-centered, trauma-informed services and reunification support.

§16-9H-8. Multi-disciplinary advisory team.

The Department shall convene a multidisciplinary advisory team and provide an annual report.

§16-9H-9. Constitutional protections.

Nothing herein authorizes criminalization of homelessness or addiction.

§16-9H-10. No fiscal impact.

Implementation shall occur within existing resources.

§16-9H-11. Severability.

The department shall propose rules for legislative approval in accordance with §29A-3-1 et seq. of this code to implement and effectuate the provisions of this article.

§16-9H-12. Effective date.

This article shall take effect July 1, 2026.

NOTE: The purpose of this bill is to establish the Community Well-Being, Recovery Housing, and Family Stabilization Act.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.