reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 19 - FACILITIES AND SERVICES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR MENTAL ILLNESS (§§ 41-19-1 — 41-19-301) › CENTRAL MISSISSIPPI RESIDENTIAL CENTER (§§ 41-19-271 — 41-19-281) › Section 41-19-277 - Support and maintenance costs

Persons admitted to the center shall be assessed support and maintenance costs in accordance with the provisions of the state reimbursement laws as they apply to other state facilities.
Laws, 1998, ch. 317, § 4, eff. 7/1/1998.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 19 - FACILITIES AND SERVICES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR MENTAL ILLNESS (§§ 41-19-1 — 41-19-301) › CENTRAL MISSISSIPPI RESIDENTIAL CENTER (§§ 41-19-271 — 41-19-281) › Section 41-19-279 - Possessing deadly weapon or explosive on grounds

Any person who knowingly brings any firearm, deadly weapon or explosive into the center or its grounds, or passes any thereof to a resident, employee or officer of the center, is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than Fifty Dollars ($50.00) nor more than Two Hundred Dollars ($200.00), imprisonment for not less than six (6) months nor more than one (1) year, or both.
Laws, 1998, ch. 317, § 5, eff. 7/1/1998.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 19 - FACILITIES AND SERVICES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR MENTAL ILLNESS (§§ 41-19-1 — 41-19-301) › CENTRAL MISSISSIPPI RESIDENTIAL CENTER (§§ 41-19-271 — 41-19-281) › Section 41-19-281 - Center as state agency for carrying out purposes of Congressional acts

The center is designated as a state agency for carrying out the purposes of any act of the Congress of the United States of America existing on July 1, 1998, or enacted at any time after July 1, 1998, that pertains to mental illness.
Laws, 1998, ch. 317, § 6, eff. 7/1/1998.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 19 - FACILITIES AND SERVICES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR MENTAL ILLNESS (§§ 41-19-1 — 41-19-301) › MISSISSIPPI ADOLESCENT CENTER IN BROOKHAVEN (§ 41-19-301) › Section 41-19-301 - Mississippi Adolescent Center for juveniles with an intellectual disability in Brookhaven; admissions; construction; funding

(1)
The Mississippi Adolescent Center located in Brookhaven, Mississippi, is recognized as now existing and shall be for the care and treatment of persons with an intellectual disability. The facility shall have the power to receive and hold property, real, personal and mixed, as a body corporate. The facility shall be under the direction and control of the State Board of Mental Health.
(2)
Admissions shall be limited to adolescents with an intellectual disability who have been committed to the center by a youth court judge or chancellor in accordance with Section
41-21-109
, or who are voluntarily admitted to the center.
(3)
The Mississippi Adolescent Center is authorized to establish and operate a school to meet the educational needs of its clients.
(4)
With funds provided by the Legislature, by direct appropriation or authorized bond issue, with federal matching funds, or with any other available funds, the Bureau of Building, Grounds and Real Property Management may construct and equip the necessary residential and service buildings and other facilities to care for the residents of the Mississippi Adolescent Center. The general design of the facility and all construction plans shall be approved and recommended by the State Department of Mental Health.
(5)
The Mississippi Adolescent Center shall be administered by the State Board of Mental Health. Provisions relating to the admission and care of residents at the facility shall be promulgated by the board.
(6)
Persons admitted to the Mississippi Adolescent Center shall be assessed support and maintenance costs in accordance with the provisions of the state reimbursement laws as they apply to other state institutions.
(7)
Any person who (a) knowingly and unlawfully or improperly causes a person to be adjudged to be a person with an intellectual disability, (b) procures the escape of a legally committed resident or knowingly conceals an escaped legally committed resident of the facility, or (c) unlawfully brings any firearm, deadly weapon or explosive into the facility or its grounds, or passes any thereof to a resident, employee or officer of the school, is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than Fifty Dollars ($50.00), or more than Two Hundred Dollars ($200.00), imprisonment for not less than six (6) months, or both.
(8)
The Mississippi Adolescent Center is designated as a state agency for carrying out the purposes of any act of the Congress of the United States, now existing or at any time hereafter enacted, pertaining to intellectual disabilities.
Laws, 2002, ch. 528, § 1; Laws, 2009, ch. 563, § 13; Laws, 2010, ch. 476, § 56, eff. 4/1/2010.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 20 - MENTAL HEALTH ACCESSIBILITY (§§ 41-20-1 — 41-20-53) › Section 41-20-1 - Definitions

As used in Sections
41-20-1
through
41-20-11
the following terms shall have the following meanings, unless the context clearly indicates a different meaning:
(a)
"Community mental health center" means a facility authorized under Section
41-19-33
.
(b)
"Mental health services" includes all services offered by the mental health system in Mississippi, including, but not limited to, the following:
(i)
Community mental health services, including:
1.
Programs of assertive community treatment;
2.
Mobile crisis response services;
3.
Crisis stabilization units;
4.
Community support services;
5.
Peer support services;
6.
Supported employment; and
7.
Permanent supported housing; and
(ii)
Institutional mental health services, which are services that encompass civil commitment or hospitalization in a psychiatric hospital;
(iii)
Mental health services provided in facilities authorized in Title 47, Mississippi Code of 1972;
(iv)
Core adult mental health services;
(v)
Child mental health services;
(vi)
Intellectual/developmental disability services;
(vii)
Substance abuse prevention and treatment/rehabilitation services; and
(viii)
Any combination of the services defined in this paragraph (b).
(c)
"Mental health system" means the facilities, institutions, centers, entities, persons and providers that provide mental health services in Mississippi.
(d)
"Regional commission" means a commission established in Section
41-19-33
.
Added by Laws, 2020, ch. 479, SB 2610,§ 2, eff. 7/8/2020.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 20 - MENTAL HEALTH ACCESSIBILITY (§§ 41-20-1 — 41-20-53) › Section 41-20-3 - Coordinator of Mental Health Accessibility; appointment; qualifications

(1)
There is created within the Department of Finance and Administration a position to be known as the Coordinator of Mental Health Accessibility. The coordinator shall be appointed by the Executive Director of the Department of Finance and Administration and shall serve at the will and pleasure of the executive director. The executive director shall appoint the coordinator within thirty (30) days from July 8, 2020.
(2)
The coordinator must have a master's degree, doctoral degree or juris doctorate from an accredited institution of higher learning and have not less than five (5) years of professional experience.
(3)
The coordinator shall be housed at the Department of Finance and Administration. All of the expenses of the coordinator, including the coordinator's salary and the salaries of any staff of the coordinator, shall be paid out of funds appropriated to the Department of Finance and Administration.
Amended by Laws, 2021, ch. 303, SB 2021,§ 1, eff. 2/8/2021.
Added by Laws, 2020, ch. 479, SB 2610,§ 3, eff. 7/8/2020.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 20 - MENTAL HEALTH ACCESSIBILITY (§§ 41-20-1 — 41-20-53) › Section 41-20-5 - Powers and duties of coordinator

The coordinator shall have the following powers and duties:
(a)
To perform a comprehensive review of Mississippi's mental health system to determine whether mental health services, including community mental health services, are offered in each county and available to the entire population of each county, especially to those with serious and persistent mental illness.
(b)
To analyze and review the structure of the mental health system.
(c)
To review the adequacy and quality of the individualized supports and services provided to persons discharged from the state hospitals or to persons at risk of institutionalization throughout the state.
(d)
To review the quarterly financial statements and status reports of the individual community mental health centers described in Section
41-19-33(3)(b)
.
(e)
To consult with the Special Master appointed in the
United States of America v. State of Mississippi
, No. 3:16-CV-622-CWR-FKB (S.D. Miss. Feb. 25, 2020) or any monitor or other person appointed by the court, the State Department of Mental Health, the Division of Medicaid, the State Department of Rehabilitation Services, the State Department of Health, county boards of supervisors, regional commissions, community mental health centers, mental health advocates, community leaders and any other necessary parties or entities, both private and governmental, regarding the status of the services offered by Mississippi's mental health system.
(f)
To determine where in any county, or geographic area within a county, the delivery or availability of mental health services are inadequate.
(g)
To determine whether each community mental health center has sufficient funds to provide the required mental health services.
(h)
To report on the status of the mental health system quarterly to the Governor, the Lieutenant Governor, the Speaker of the House, the State Department of Mental Health, the regional commissions, the Division of Medicaid, the State Department of Rehabilitative Services, the State Department of Health, the Department of Finance and Administration, the PEER Committee and the Legislative Budget Office. The coordinator shall deliver the quarterly status report to the Secretary of the Senate and the Clerk of the House, who shall disseminate the report to the appropriate members.
(i)
In addition to the quarterly report required by paragraph (h), to provide the PEER Committee each quarter with a financial report, assessment and review of each community mental health region and the services provided by the region, together with findings by the coordinator on other relevant matters relating to the region. The State Department of Mental Health and the regional commissions shall cooperate with the PEER Committee in its assessment and review of the community mental health regions and shall provide the committee with all necessary information and documentation as requested by the committee.
Added by Laws, 2020, ch. 479, SB 2610,§ 4, eff. 7/8/2020.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 20 - MENTAL HEALTH ACCESSIBILITY (§§ 41-20-1 — 41-20-53) › Section 41-20-7 - Coordinator authorized to hire staff, enter any part of the mental health system, interview persons and employees in the mental health system, access documents, etc., necessary to assess status of mental health system, recommend changes, and develop and implement plan to provide access to mental health services

In fulfilling the responsibilities of Sections
41-20-1
through
41-20-11
, the coordinator may, subject to federal law:
(a)
Hire staff needed for the performance of his or her duties under Sections
41-20-1
through
41-20-11
, subject to the approval of the Executive Director of the Department of Finance and Administration and provided that funds are specifically appropriated for that purpose.
(b)
Enter any part of the mental health system, including any facility or building used to provide mental health services.
(c)
Interview, on a confidential basis or otherwise, persons and employees in the mental health system.
(d)
Access services, documents, records, programs and materials as necessary to assess the status of the mental health system.
(e)
Recommend changes to any portion of the mental health system either in the coordinator's status reports or to the board(s) of supervisors or regional commissions or to the State Department of Mental Health or as otherwise determined to be necessary by the coordinator.
(f)
Develop and implement a plan to provide access to mental health services in any county or geographic area within a county, where services are determined to be inadequate, if required by Section
41-20-9
.
(g)
Communicate with any governmental entity as is necessary to fulfill the coordinator's duties under Sections
41-20-1
through
41-20-11
.
(h)
Perform any other actions as the coordinator deems necessary to fulfill the coordinator's duties under Sections
41-20-1
through
41-20-11
.
Amended by Laws, 2021, ch. 303, SB 2021,§ 2, eff. 2/8/2021.
Added by Laws, 2020, ch. 479, SB 2610,§ 5, eff. 7/8/2020.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 20 - MENTAL HEALTH ACCESSIBILITY (§§ 41-20-1 — 41-20-53) › Section 41-20-11 - Cooperation with coordinator; coordinator's access to mental health system, services and documents, persons employed by or receiving services

The State Department of Mental Health, the regional commissions, the Division of Medicaid, the State Department of Rehabilitation Services, the State Department of Health, the PEER Committee, and the Legislative Budget Office shall cooperate with the coordinator under Sections
41-20-1
through
41-20-11
and shall allow the coordinator or his or her staff to, as it relates to the performing of his or her duties:
(a)
Enter any part of the mental health system, including any facility or building used to provide mental health services;
(b)
Interview any person employed by or receiving services from the respective entity; and
(c)
Access services, documents, records, programs and materials as necessary to assess the status of the mental health system.
Added by Laws, 2020, ch. 479, SB 2610,§ 7, eff. 7/8/2020.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 20 - MENTAL HEALTH ACCESSIBILITY (§§ 41-20-1 — 41-20-53) › Section 41-20-51 - Definitions

For the purposes of Sections
41-20-51
and
41-20-53
, the following words and phrases shall have the meanings as defined in this section, unless the context clearly requires otherwise:
(a)
"National Suicide Prevention Lifeline" or "NSPL" means the national program that operates the national suicide prevention and mental health crisis hotline system;
(b)
"9-8-8" means the universal telephone number for the national suicide prevention and mental health crisis hotline system;
(c)
"9-8-8 crisis hotline center" means a state identified and funded center participating in the National Suicide Prevention Lifeline Network to respond to statewide or regional 9-8-8 calls;
(d)
"SAMHSA" means the Substance Abuse and Mental Health Services Administration;
(e)
"Mobile crisis response teams" include behavioral health professionals and peers that provide professional onsite community-based intervention such as de-escalation, stabilization, etc., for individuals who are experiencing a behavioral health crisis.
Added by Laws, 2022, ch. 360, HB 732,§ 1, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 20 - MENTAL HEALTH ACCESSIBILITY (§§ 41-20-1 — 41-20-53) › Section 41-20-53 - Legislative intent; 9-8-8 suicide prevention and behavioral health crisis services

It is the intent of the Legislature to:
(a)
Save lives by improving access to appropriate services and supports to respond to behavioral health crises;
(b)
Comply with the National Suicide Hotline Designation Act of 2020 and the Federal Communication Commission's rules adopted on July 16, 2020, to assure that all Mississippians receive a consistent level of 9-8-8 and crisis behavioral health services no matter where they live, work or travel in the state;
(c)
Authorize the State Department of Mental Health to designate 9-8-8 crisis hotline center(s) that shall:
(i)
Have an active agreement with the administrator of the NSPL for participation within the network;
(ii)
Meet NSPL requirements and best practices guidelines for operational and clinical standards;
(iii)
Report and participate in evaluations and related quality improvement activities;
(iv)
Use technology, including chat and text, that is interoperable across emergency response systems used throughout Mississippi;
(v)
Deploy crisis and outgoing services, including mobile crisis response teams, and coordinate access to crisis receiving and stabilization services and other local resources as appropriate and according to guidelines and best practices established by the NSPL;
(vi)
Meet the requirements set forth by NSPL for serving high-risk and specialized populations as identified by SAMHSA, including training requirements and policies for transferring hotline callers to an appropriate specialized center or subnetworks within, or external to, the NSPL network;
(vii)
Provide follow-up services to individuals accessing the 9-8-8 hotline consistent with guidance and policies established by the NSPL; and
(viii)
Provide to the State Department of Mental Health and SAMHSA, as required, an annual report of the 9-8-8 suicide prevention and behavioral health crisis hotline's usage and the services provided;
(d)
Appropriate the funds needed for the first year of 9-8-8 implementation and to make additional investments to enhance the crisis response system; and
(e)
Maintain access to a statewide crisis system of care that is interconnected, effective and ensures a culturally and linguistically competent response to behavioral health crises.
Added by Laws, 2022, ch. 360, HB 732,§ 2, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 21 - INDIVIDUALS WITH MENTAL ILLNESS OR AN INTELLECTUAL DISABILITY (§§ 41-21-1 — 41-21-253) › IN GENERAL (§§ 41-21-1 — 41-21-43) › Section 41-21-1 - through 41-21-29 - [Repealed]

Repealed by Laws, 1975, ch. 492, § 10, eff. 7/1/1975.
§ 41-21-1. [Laws, 1948, ch. 394, §§ 1, 8; Laws, 1950, ch. 342, §§ 1, 2, 9] § 41-21-3. [Laws, 1948, ch. 394, §§ 1, 8; Laws, 1950, ch. 342, §§ 1, 2, 9] § 41-21-5. [Laws, 1948, ch. 394, § 2; Laws, 1950, ch. 342, § 3; Laws, 1971, ch. 430, § 1] § 41-21-7. [Laws, 1948, ch. 394, § 3; Laws, 1950, ch. 342, § 4; Laws, 1964, ch. 428] § 41-21-9. [Laws, 1948, ch. 394, § 4; Laws, 1950, ch. 342, § 5; Laws, 1974, ch. 391] § 41-21-11. [Laws, 1948, ch. 394, §§ 5-12; Laws, 1950, ch. 342, §§ 6-13] § 41-21-13. [Laws, 1948, ch. 394, §§ 5-12; Laws, 1950, ch. 342, §§ 6-13] § 41-21-15. [Laws, 1948, ch. 394, §§ 5-12; Laws, 1950, ch. 342, §§ 6-13] § 41-21-17. [Laws, 1948, ch. 394, §§ 5-12; Laws, 1950, ch. 342, §§ 6-13] § 41-21-19. [Laws, 1948, ch. 394, §§ 5-12; Laws, 1950, ch. 342, §§ 6-13] § 41-21-21. [Laws, 1948, ch. 394, §§ 5-12; Laws, 1950, ch. 342, §§ 6-13] § 41-21-23. [Laws, 1948, ch. 394, §§ 5-12; Laws, 1950, ch. 342, §§ 6-13] § 41-21-25. [Laws, 1948, ch. 394, §§ 5-12; Laws, 1950, ch. 342, §§ 6-13] § 41-21-27. [Laws, 1950, ch. 342, § 14] § 41-21-29. [Laws, 1950, ch. 464]
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 21 - INDIVIDUALS WITH MENTAL ILLNESS OR AN INTELLECTUAL DISABILITY (§§ 41-21-1 — 41-21-253) › IN GENERAL (§§ 41-21-1 — 41-21-43) › Section 41-21-31 - and 41-21-33 - [Repealed]

Repealed by Laws, 1974, ch. 567, § 15, eff. 4/23/1974.
§ 41-21-31. [Codes, 1892, § 2832; 1906, § 3216; Hemingway's 1917, § 5558; 1930, § 4573; 1942, § 6906] § 41-21-33. [Laws, 1946, ch. 485; Laws, 1948, ch. 400, §§ 1, 2]
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 21 - INDIVIDUALS WITH MENTAL ILLNESS OR AN INTELLECTUAL DISABILITY (§§ 41-21-1 — 41-21-253) › IN GENERAL (§§ 41-21-1 — 41-21-43) › Section 41-21-35 - Legal settlement of persons with mental illness and persons with an intellectual disability

The rule as to the legal settlement of paupers shall apply in cases of persons with mental illness and persons with an intellectual disability.
Codes, 1880, § 667; 1892, § 2834; 1906, § 3218; Hemingway's 1917, § 5560; 1930, § 4575; 1942, § 6908; Laws, 2008, ch. 442, § 16; Laws, 2010, ch. 476, § 57, eff. 4/1/2010.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 21 - INDIVIDUALS WITH MENTAL ILLNESS OR AN INTELLECTUAL DISABILITY (§§ 41-21-1 — 41-21-253) › IN GENERAL (§§ 41-21-1 — 41-21-43) › Section 41-21-37 - through 41-21-41 - [Repealed]

Repealed by Laws, 1975, ch. 492, § 10, eff. 7/1/1975.
§ 41-21-37. [Codes, 1892, §§ 2841, 2842; 1906, §§ 3225, 3226; Hemingway's 1917, §§ 5567, 5568; 1930, §§ 4582, 4583; 1942, §§ 6915, 6916] § 41-21-39. [Codes, 1892, §§ 2841, 2842; 1906, §§ 3225, 3226; Hemingway's 1917, §§ 5567, 5568; 1930, §§ 4582, 4583; 1942, §§ 6915, 6916] § 41-21-41. [Codes, 1871, §§ 2091, 2095; 1880, § 664; 1892, § 2845; 1906, § 3230; Hemingway's 1917, § 5572; 1930, § 4586; 1942, § 6919]
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 21 - INDIVIDUALS WITH MENTAL ILLNESS OR AN INTELLECTUAL DISABILITY (§§ 41-21-1 — 41-21-253) › IN GENERAL (§§ 41-21-1 — 41-21-43) › Section 41-21-43 - and 41-21-45 - [Repealed]

Repealed by Laws, 2008, ch. 442, § 50, eff. 7/1/2008.
§ 41-21-43. [Codes, Hemingway's 1921 Supp. § 5728b1; 1930, § 7291; 1942, § 6781; Laws, 1920, ch. 210.] § 41-21-45. [Codes, Hemingway's 1921 Supp. § 5728c1; 1930, § 7292; 1942, § 6782; Laws, 1920, ch 210.]
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 21 - INDIVIDUALS WITH MENTAL ILLNESS OR AN INTELLECTUAL DISABILITY (§§ 41-21-1 — 41-21-253) › PERSONS IN NEED OF MENTAL TREATMENT (§§ 41-21-61 — 41-21-109) › Section 41-21-63 - Commitment proceedings; jurisdiction of chancery court and circuit court

(1)
No person, other than persons charged with crime, shall be committed to a public treatment facility except under the provisions of Sections
41-21-61
through
41-21-107
or
43-21-611
or
43-21-315
. However, nothing herein shall be construed to repeal, alter or otherwise affect the provisions of Section
35-5-31
or to affect or prevent the commitment of persons to the Veterans Administration or other agency of the United States under the provisions of and in the manner specified in those sections.
(2)
(a)
The chancery court, or the chancellor in vacation, shall have jurisdiction under Sections
41-21-61
through
41-21-107
except over persons with unresolved felony charges unless paragraph (b) of this subsection applies.
(b)
If a circuit court with jurisdiction over unresolved felony charges enters an order concluding that a person is incompetent to stand trial and is not restorable to competency in the foreseeable future, the circuit court shall retain jurisdiction and shall proceed with civil commitment procedures in the same manner as described in Sections
41-21-61
through
41-21-107
. The order of the circuit court finding that the person is incompetent to stand trial and is not restorable to competency in the foreseeable future shall be in lieu of the affidavit for commitment provided for in Section
41-21-65
. Additionally, if the finding of the circuit court is based on the report and/or testimony of a physician or psychologist that has examined the person, the provisions of Section
41-21-67
for psychiatric examinations shall not apply.
(3)
The circuit court shall also have jurisdiction under Sections
99-13-7
,
99-13-9
and
99-13-11
.
(4)
Before the release of a person referred for civil commitment under this section and committed under Sections
41-21-61
through
41-21-107
, the Department of Mental Health must notify the district attorney of the county where the offense was committed. The district attorney must notify the crime victim or a family member who has requested notification under Section
99-43-35
and the sheriffs of both the county where the offense was committed and the county of the committed person's destination.
Laws, 1975, ch. 492, § 2; Laws, 1976, ch. 401, § 3; Laws, 1984, ch. 477, § 2; Laws, 1985, ch. 454, § 6; Laws, 1994, ch. 533, § 1; Laws, 1994, ch. 599, § 2; Laws, 1996, ch. 430, § 2; Laws, 2010, ch. 398, § 2, eff. 7/1/2010.
Amended by Laws, 2024, ch. 479, HB 1088,§ 1, eff. 7/1/2024.
Amended by Laws, 2019, ch. 468, SB 2328,§ 4, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 21 - INDIVIDUALS WITH MENTAL ILLNESS OR AN INTELLECTUAL DISABILITY (§§ 41-21-1 — 41-21-253) › PERSONS IN NEED OF MENTAL TREATMENT (§§ 41-21-61 — 41-21-109) › Section 41-21-70 - Development of standards for training of psychiatrists and psychologists to perform mental examinations ordered under Section 99-13-11 and MRCrP 12; publication of list of psychiatrists and psychologists so trained

The Department of Mental Health shall develop standards for the training of psychiatrists and psychologists to perform mental examinations ordered under Section
99-13-11
and Rule 12 of the Rules of Criminal Procedure. The department shall provide training on the standards and maintain and publish a list of psychiatrists and psychologists who have completed training to perform such evaluations.
Added by Laws, 2019, ch. 468, SB 2328,§ 1, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 21 - INDIVIDUALS WITH MENTAL ILLNESS OR AN INTELLECTUAL DISABILITY (§§ 41-21-1 — 41-21-253) › PERSONS IN NEED OF MENTAL TREATMENT (§§ 41-21-61 — 41-21-109) › Section 41-21-71 - Procedure after examination; release or confinement pending hearing

If, as a result of the examination, the appointed examiners certify that the person is not in need of treatment, the chancellor , clerk or circuit judge as applicable shall dismiss the affidavit without the need for a further hearing. Except as otherwise provided in Section
41-21-63
, if the chancellor or chancery clerk finds, based upon the appointed examiners' certificates and any other relevant evidence, that the respondent is in need of treatment and the certificates are filed with the chancery clerk within forty-eight (48) hours after the order for examination, or extension of that time as provided in Section
41-21-69
, the clerk shall immediately set the matter for a hearing. The hearing shall be set within three (3) days of the filing of the certificates unless an extension is requested by the respondent's attorney. In no event shall the hearing be more than five (5) days after the filing of the certificates, unless the court orders to extend the hearing date, which shall not exceed five (5) additional days.
Laws, 1975, ch. 492, § 3(6, 7); Laws, 1976, ch. 401, § 4; Laws, 1984, ch. 477, § 6; Laws, 2008, ch. 513, § 3; Laws, 2010, ch. 398, § 5, eff. 7/1/2010.
Amended by Laws, 2024, ch. 490, HB 1640,§ 6, eff. 7/1/2024.
Amended by Laws, 2024, ch. 479, HB 1088,§ 5, eff. 7/1/2024.
Amended by Laws, 2019, ch. 468, SB 2328,§ 8, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 21 - INDIVIDUALS WITH MENTAL ILLNESS OR AN INTELLECTUAL DISABILITY (§§ 41-21-1 — 41-21-253) › PERSONS IN NEED OF MENTAL TREATMENT (§§ 41-21-61 — 41-21-109) › Section 41-21-74 - Requirements for outpatient commitments

(1)
If the commitment order directs outpatient treatment, the outpatient treatment physician may prescribe or administer to the respondent treatment consistent with accepted medical standards.
(2)
If the respondent fails or clearly refuses to comply with outpatient treatment, the director of the treatment facility, his designee or an interested person shall make all reasonable efforts to solicit the respondent's compliance. These efforts shall be documented and, if the respondent fails or clearly refuses to comply with outpatient treatment after such efforts are made, such efforts shall be documented with the court by affidavit. Upon the filing of the affidavit, the sheriff of the proper county is authorized to take the respondent into his custody.
(3)
The respondent may be returned to the treatment facility as soon thereafter as facilities are available. The respondent may request a hearing within ten (10) days of his return to the treatment facility. Such hearing shall be held pursuant to the requirements set forth in Section
41-21-81
.
(4)
The chancery court of the county where the public facility is located or the committing court shall have jurisdiction over matters concerning outpatient commitments when such an order is sought subsequent to an inpatient course of treatment pursuant to Sections
41-21-61
through
41-21-107
,
43-21-611
,
99-13-7
and
99-13-9
. An outpatient shall not have or be charged for a recommitment process within a period of twelve (12) months of the initial outpatient order.
Laws, 1994, ch. 533, § 6; Laws, 1994, ch. 599, § 6, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 21 - INDIVIDUALS WITH MENTAL ILLNESS OR AN INTELLECTUAL DISABILITY (§§ 41-21-1 — 41-21-253) › PERSONS IN NEED OF MENTAL TREATMENT (§§ 41-21-61 — 41-21-109) › Section 41-21-75 - [Repealed]

Repealed by Laws, 1984, ch. 477, § 28, eff. 7/1/1984.
Laws, 1975, ch. 492, § 4(2-6).
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 21 - INDIVIDUALS WITH MENTAL ILLNESS OR AN INTELLECTUAL DISABILITY (§§ 41-21-1 — 41-21-253) › PERSONS IN NEED OF MENTAL TREATMENT (§§ 41-21-61 — 41-21-109) › Section 41-21-76 - Waiver of rights by respondent

The respondent in any involuntary commitment proceeding held pursuant to the provisions of sections
41-21-61
through
41-21-107
may make a knowing and intelligent waiver of his rights in such proceeding, provided that the waiver is made by his attorney with the informed consent of the respondent and with the approval of the court. The reasons for the waiver shall be made a part of the record.
Laws, 1976, ch. 401, § 1; Laws, 1984, ch. 477, § 8, eff. 7/1/1984.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 21 - INDIVIDUALS WITH MENTAL ILLNESS OR AN INTELLECTUAL DISABILITY (§§ 41-21-1 — 41-21-253) › PERSONS IN NEED OF MENTAL TREATMENT (§§ 41-21-61 — 41-21-109) › Section 41-21-77.1 - Provision of funds to each community mental health center for designation of court liaisons for counties in its service area

Subject to appropriation by the Legislature, the Department of Mental Health shall provide funding to each community mental health center to allow the center to designate court liaisons for the counties in its service area.
Added by Laws, 2023, ch. 427, HB 1222,§ 3, eff. 7/1/2023.
Short title.
Section 1 of Laws, 2023, ch. 427, HB 1222 provides: "This act shall be known and may be cited as "The Mississippi Collaborative Response to Mental Health Act.""
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 21 - INDIVIDUALS WITH MENTAL ILLNESS OR AN INTELLECTUAL DISABILITY (§§ 41-21-1 — 41-21-253) › PERSONS IN NEED OF MENTAL TREATMENT (§§ 41-21-61 — 41-21-109) › Section 41-21-79 - Payment of costs

The costs incidental to the court proceedings including, but not limited to, court costs, prehearing hospitalization costs, cost of transportation, reasonable physician's, psychologist's, nurse practitioner's or physician assistant's fees set by the court, and reasonable attorney's fees set by the court, shall be paid out of the funds of the county of residence of the respondent in those instances where the patient is indigent unless funds for those purposes are made available by the state. However, if the respondent is not indigent, those costs shall be taxed against the respondent or his or her estate. The total amount that may be charged for all of the costs incidental to the court proceedings shall not exceed Four Hundred Dollars ($400.00). Costs incidental to the court proceedings permitted under this section may not be charged to the affiant nor included in the fees and assessments permitted under Section
41-21-65(6)
.
Laws, 1975, ch. 492, § 4(8); Laws, 1994, ch. 533, § 8; Laws, 1994, ch. 599, § 8; Laws, 2008, ch. 513, § 5; Laws, 2010, ch. 398, § 6, eff. 7/1/2010.
Amended by Laws, 2019, ch. 468, SB 2328,§ 10, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 21 - INDIVIDUALS WITH MENTAL ILLNESS OR AN INTELLECTUAL DISABILITY (§§ 41-21-1 — 41-21-253) › PERSONS IN NEED OF MENTAL TREATMENT (§§ 41-21-61 — 41-21-109) › Section 41-21-81 - Twenty days' observation, diagnosis and treatment; notice of need for further treatment; right to hearing on need for further treatment

If at any time within twenty (20) days after admission of a patient to a treatment facility the director determines that the patient is in need of continued hospitalization, he shall give written notice of his findings, together with his reasons for such findings, to the respondent, the patient's attorney, the clerk of the admitting court and the two (2) nearest relatives or guardian of the patient, if the addresses of such relatives or guardian are known. The patient, or any aggrieved relative or friend or guardian shall have sixty (60) days from the date of such notice to request a hearing on the question of the patient's commitment for further treatment. The patient, or any aggrieved relative or guardian or friend, may request a hearing by filing a written notice of request within such sixty (60) days with the clerk of the county within which the facility is located; provided, however, that the patient may request such a hearing in writing to any member of the professional staff, which shall be forwarded to the director and promptly filed with the clerk of the county within which the facility is located and provided further that if the patient is confined at the Mississippi State Hospital, Whitfield, Mississippi, said notice of request shall be filed with the Chancery Clerk of the First Judicial District of Hinds County, Mississippi. A copy of the notice of request must be filed by the patient or on his behalf with the director and the chancery clerk of the admitting court. The notice of the need for continued hospitalization shall be explained to the patient by a member of the professional staff and the explanation documented in the clinical record. At the same time the patient shall be advised of his right to request a hearing and of his right to consult a lawyer prior to deciding whether to request the hearing, and the fact that the patient has been so advised shall be documented in the clinical record. Hearings held pursuant to this section shall be held in the chancery court of the county where the facility is located; provided, however, that if the patient is confined at the Mississippi State Hospital at Whitfield, Mississippi, the hearing shall be conducted by the Chancery Court of the First Judicial District of Hinds County, Mississippi.
Law, 1975, ch. 492, § 5(1); Laws, 1984, ch. 477, § 10; Laws, 2001, ch. 331, § 3, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 21 - INDIVIDUALS WITH MENTAL ILLNESS OR AN INTELLECTUAL DISABILITY (§§ 41-21-1 — 41-21-253) › PERSONS IN NEED OF MENTAL TREATMENT (§§ 41-21-61 — 41-21-109) › Section 41-21-82 - Report prior to termination of initial commitment or discharge

Prior to the termination of the initial commitment order, the director of the facility shall cause an impartial evaluation of the patient to be made in order to assess the extent to which the grounds for initial commitment persist, the patient continues to have mental illness, and alternatives to involuntary commitment are available. If the results of this impartial evaluation do not support the need for continued commitment, the patient shall be discharged.
The director shall file a written report with the committing court setting forth in detail the results of this evaluation and other facts indicating that the patient satisfies the statutory requirement for continued commitment and the findings of the examiner to support this conclusion. If, after reviewing the director's report, the court finds that the patient continues to have mental illness and that there is no alternative to involuntary commitment, the commitment may be continued.
Nothing in this section shall preclude the patient, his counsel or another person acting in his behalf from requesting a hearing under Section
41-21-81
or
41-21-99
.
Laws, 1984, ch. 477, § 11; Laws, 1985, ch. 454, § 4; Laws, 2010, ch. 476, § 63, eff. 4/1/2010.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 21 - INDIVIDUALS WITH MENTAL ILLNESS OR AN INTELLECTUAL DISABILITY (§§ 41-21-1 — 41-21-253) › PERSONS IN NEED OF MENTAL TREATMENT (§§ 41-21-61 — 41-21-109) › Section 41-21-83 - Hearing on need for further treatment

Except as otherwise provided in Section
41-21-63
, if a hearing is requested as provided in Section
41-21-74
,
41-21-81
or
41-21-99
, the court shall not make a determination of the need for continued commitment unless a hearing is held and the court finds by clear and convincing evidence that (a) the person continues to have mental illness or have an intellectual disability; and (b) involuntary commitment is necessary for the protection of the patient or others; and (c) there is no alternative to involuntary commitment. Hearings held under this section shall be held in the chancery court of the county where the facility is located; however, if the patient is confined at the Mississippi State Hospital at Whitfield, Mississippi, the hearing shall be conducted by the Chancery Court of the First Judicial District of Hinds County, Mississippi.
The hearing shall be held within fourteen (14) days after receipt by the court of the request for a hearing. The court may continue the hearing for good cause shown. The clerk shall ascertain whether the patient is represented by counsel, and, if the patient is not represented, shall notify the chancellor who shall appoint counsel for him if the chancellor determines that the patient for any reason does not have the services of an attorney; however, the patient may waive the appointment of counsel subject to the approval of the court. Notice of the time and place of the hearing shall be served at least seventy-two (72) hours before the time of the hearing upon the patient, his attorney, the director, and the person requesting the hearing, if other than the patient, and any witnesses requested by the patient or his attorney, or any witnesses the court may deem necessary or desirable.
The patient must be present at the hearing unless the chancellor determines that the patient is unable to attend and makes that determination and the reasons therefor part of the record.
The court shall put its findings and the reasons supporting its findings in writing and shall have copies delivered to the patient, his attorney, and the director of the treatment facility. An appeal from the final commitment order by either party may be had on the terms prescribed for appeals in civil cases; however, such appeal shall be without supersedeas. The record on appeal shall include the transcript of the commitment hearing.
Laws, 1975, ch. 492, § 5(2-5); Laws, 1984, ch. 477, § 12; Laws, 1985, ch. 454, § 5; Laws, 1994, ch. 533, § 9; Laws, 1994, ch. 599, § 9; Laws, 2001, ch. 331, § 4; Laws, 2010, ch. 476, § 64, eff. 4/1/2010.
Amended by Laws, 2024, ch. 479, HB 1088,§ 7, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 21 - INDIVIDUALS WITH MENTAL ILLNESS OR AN INTELLECTUAL DISABILITY (§§ 41-21-1 — 41-21-253) › PERSONS IN NEED OF MENTAL TREATMENT (§§ 41-21-61 — 41-21-109) › Section 41-21-85 - Payment of costs of hearing on need for further treatment

All costs of the hearing or appeal under Section
41-21-83
, including, but not limited to, costs of all writs, notices, petitions, appeals, and attorney's fees and transportation of the patient to and from the place of the hearing shall be borne by the treatment facility in those instances where the patient is indigent, provided that if the patient is not indigent, all costs shall be taxed to the patient.
Laws, 1975, ch. 492, § 5(6); Laws, 1984, ch. 477, § 13, eff. 7/1/1984.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 21 - INDIVIDUALS WITH MENTAL ILLNESS OR AN INTELLECTUAL DISABILITY (§§ 41-21-1 — 41-21-253) › PERSONS IN NEED OF MENTAL TREATMENT (§§ 41-21-61 — 41-21-109) › Section 41-21-88 - Release of individual acquitted on the ground of insanity and ordered confined to psychiatric hospital or institution; notice of release to be given to certain individuals

A person committed pursuant to Section
99-13-7
shall not be released for any reason without order of the court having confined the person. Prior to release, the sheriff of the county where the offense was committed, the sheriff of the county of the committed person's destination and the crime victim or an immediate family member shall be notified of the release.
Laws, 2010, ch. 440, § 2, eff. 3/29/2010.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 21 - INDIVIDUALS WITH MENTAL ILLNESS OR AN INTELLECTUAL DISABILITY (§§ 41-21-1 — 41-21-253) › PERSONS IN NEED OF MENTAL TREATMENT (§§ 41-21-61 — 41-21-109) › Section 41-21-89 - Discharge at behest of patient, attorney, relative or guardian

Nothing in Sections
41-21-61
through
41-21-107
shall preclude any patient, his attorney, or relative or guardian from seeking a patient's release from a treatment facility by application for writ of habeas corpus; provided that the application shall be made to the chancellor of the county in which the patient is hospitalized. Provided, further, that if the patient is hospitalized at the Mississippi State Hospital at Whitfield, Mississippi, the said application shall be made to a chancellor of the First Judicial District of Hinds County, Mississippi.
Laws, 1975, ch. 492, § 6(2); Laws, 1984, ch. 477, § 15, eff. 7/1/1984.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 21 - INDIVIDUALS WITH MENTAL ILLNESS OR AN INTELLECTUAL DISABILITY (§§ 41-21-1 — 41-21-253) › PERSONS IN NEED OF MENTAL TREATMENT (§§ 41-21-61 — 41-21-109) › Section 41-21-91 - Deportation of nonresidents

The director of the treatment facility may transport any person who is now or may hereafter become a patient at a treatment facility and who is a legal resident of another state to the state of the residence of such patient, but only if arrangements to receive the patient have been made in the state to which he is to be returned.
Laws, 1975, ch. 492, § 6(3); Laws, 1984, ch. 477, § 16, eff. 7/1/1984.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 21 - INDIVIDUALS WITH MENTAL ILLNESS OR AN INTELLECTUAL DISABILITY (§§ 41-21-1 — 41-21-253) › PERSONS IN NEED OF MENTAL TREATMENT (§§ 41-21-61 — 41-21-109) › Section 41-21-93 - Warrant for patient absent without authorization

If any such patient admitted or committed by a court to a treatment facility leaves without authorization, the director may immediately issue a warrant to any officer authorized to make arrests, commanding the arrest and return of said patient to the hospital from which he is departed.
Laws, 1975, ch. 492, § 6(4); Laws, 1984, ch. 477, § 17, eff. 7/1/1984.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 21 - INDIVIDUALS WITH MENTAL ILLNESS OR AN INTELLECTUAL DISABILITY (§§ 41-21-1 — 41-21-253) › PERSONS IN NEED OF MENTAL TREATMENT (§§ 41-21-61 — 41-21-109) › Section 41-21-95 - Payment of costs incurred in transporting discharged patients home or returning patients on unauthorized leave

Costs of returning a patient who has left without authorization may be borne by the treatment facility from which the patient has been discharged or from which he has left without authorization.
Laws, 1975, ch. 492, § 6(5); Laws, 1984, ch. 477, § 18, eff. 7/1/1984.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 21 - INDIVIDUALS WITH MENTAL ILLNESS OR AN INTELLECTUAL DISABILITY (§§ 41-21-1 — 41-21-253) › PERSONS IN NEED OF MENTAL TREATMENT (§§ 41-21-61 — 41-21-109) › Section 41-21-97 - Confidentiality of hospital records and information; exceptions

(1)
The hospital records of and information pertaining to patients at treatment facilities or patients being treated by physicians, psychologists (as defined in Section
73-31-3(e)
), licensed master social workers or licensed professional counselors shall be confidential and shall be released only:
(a)
upon written authorization of the patient;
(b)
upon order of a court of competent jurisdiction;
(c)
when necessary for the continued treatment of a patient;
(d)
when, in the opinion of the director, release is necessary for the determination of eligibility for benefits, compliance with statutory reporting requirements, or other lawful purpose; or
(e)
when the patient has communicated to the treating physician, psychologist (as defined in Section
73-31-3(e)
), master social worker or licensed professional counselor an actual threat of physical violence against a clearly identified or reasonably identifiable potential victim or victims, and then the treating physician, psychologist (as defined in Section
73-31-3(e)
), master social worker or licensed professional counselor may communicate the threat only to the potential victim or victims, a law enforcement agency, or the parent or guardian of a minor who is identified as a potential victim.
(2)
The Mississippi State Asylum Records shall not be considered confidential for purposes of this section, provided that any Mississippi State Asylum Record relating to any person who has not been deceased for at least fifty (50) years shall still be considered confidential in accordance with subsection (1) of this section.
Laws, 1975, ch. 492, § 7(1); Laws, 1984, ch. 477, § 19; Laws, 1991, ch. 598 § 1; Laws, 2005, ch. 316, § 1; Laws, 2006, ch. 430, § 2, eff. 7/1/2006.
Amended by Laws, 2023, ch. 337, SB 2797,§ 3, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 21 - INDIVIDUALS WITH MENTAL ILLNESS OR AN INTELLECTUAL DISABILITY (§§ 41-21-1 — 41-21-253) › PERSONS IN NEED OF MENTAL TREATMENT (§§ 41-21-61 — 41-21-109) › Section 41-21-99 - Continued care of patients

The director shall obtain all the available facts relative to the illness of each patient admitted to said treatment facility. The director or a physician on the staff of said treatment facility shall, as often as practicable but not less frequently than every six (6) months, examine the patient and review the records as to the need for continued treatment of each patient and make the results of such examination a part of the patient's clinical record. The patient shall have the right to request a hearing at least annually, pursuant to Section
41-21-83
. The patient shall be advised of his right to request a hearing and of his right to consult an attorney prior to his decision concerning whether or not to request such hearing, and the fact that the patient has been so advised shall be documented in the clinical record.
Laws, 1975, ch. 492, § 7(2); Laws, 1984, ch. 477, § 20, eff. 7/1/1984.