reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 23 - DRUG COURTS (§§ 9-23-1 — 9-23-51) › Section 9-23-1 - Short title

This chapter shall be known and may be cited as the "Alyce Griffin Clarke Intervention Court Act."
Laws, 2003, ch. 515, § 1, eff. 7/1/2003.
Amended by Laws, 2019, ch. 466, HB 1352,§ 2, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 23 - DRUG COURTS (§§ 9-23-1 — 9-23-51) › Section 9-23-3 - Legislative intent

(1)
The Legislature of Mississippi recognizes the critical need for judicial intervention to reduce the incidence of alcohol and drug use, alcohol and drug addiction, and crimes committed as a result of alcohol and drug use and alcohol and drug addiction. It is the intent of the Legislature to facilitate local intervention court alternative orders adaptable to chancery, circuit, county, youth, municipal and justice courts.
(2)
The goals of the intervention courts under this chapter include the following:
(a)
To reduce alcoholism and other drug dependencies among adult and juvenile offenders and defendants and among respondents in juvenile petitions for abuse, neglect or both;
(b)
To reduce criminal and delinquent recidivism and the incidence of child abuse and neglect;
(c)
To reduce the alcohol-related and other drug-related court workload;
(d)
To increase personal, familial and societal accountability of adult and juvenile offenders and defendants and respondents in juvenile petitions for abuse, neglect or both;
(e)
To promote effective interaction and use of resources among criminal and juvenile justice personnel, child protective services personnel and community agencies; and
(f)
To use corrections resources more effectively by redirecting prison-bound offenders whose criminal conduct is driven in part by drug and alcohol dependence to intensive supervision and clinical treatment available in the intervention court.
Laws, 2003, ch. 515, § 2, eff. 7/1/2003.
Amended by Laws, 2019, ch. 466, HB 1352,§ 3, eff. 7/1/2019.
Amended by Laws, 2014, ch. 457, HB 585, 1, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 23 - DRUG COURTS (§§ 9-23-1 — 9-23-51) › Section 9-23-5 - Definitions

For the purposes of this chapter, the following words and phrases shall have the meanings ascribed unless the context clearly requires otherwise:
(a)
"Chemical" tests means the analysis of an individual's:
(i)
blood,
(ii)
breath,
(iii)
hair,
(iv)
sweat,
(v)
saliva,
(vi)
urine, or
(vii)
other bodily substance to determine the presence of alcohol or a controlled substance.
(b)
"Crime of violence" means an offense listed in Section
97-3-2
.
(c)
"Intervention court" means a drug court, mental health court, veterans court or problem-solving court that utilizes an immediate and highly structured intervention process for eligible defendants or juveniles that brings together mental health professionals, substance abuse professionals, local social programs and intensive judicial monitoring.
(d)
"Evidence-based practices" means supervision policies, procedures and practices that scientific research demonstrates reduce recidivism.
(e)
"Risk and needs assessment" means the use of an actuarial assessment tool validated on a Mississippi corrections population to determine a person's risk to reoffend and the characteristics that, if addressed, reduce the risk to reoffend.
Laws, 2003, ch. 515, § 3, eff. 7/1/2003.
Amended by Laws, 2019, ch. 466, HB 1352,§ 4, eff. 7/1/2019.
Amended by Laws, 2014, ch. 457, HB 585, 2, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 23 - DRUG COURTS (§§ 9-23-1 — 9-23-51) › Section 9-23-7 - Administrative Office of Courts to certify and monitor intervention courts

The Administrative Office of Courts shall be responsible for certification and monitoring of local intervention courts according to standards promulgated by the State Intervention Courts Advisory Committee.
Laws, 2003, ch. 515, § 4, eff. 7/1/2003.
Amended by Laws, 2019, ch. 466, HB 1352,§ 5, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 23 - DRUG COURTS (§§ 9-23-1 — 9-23-51) › Section 9-23-9 - State Intervention Courts Advisory Committee created; recommendations; rules and regulations

(1)
The State Intervention Courts Advisory Committee is established to develop and periodically update proposed statewide evaluation plans and models for monitoring all critical aspects of intervention courts. The committee must provide the proposed evaluation plans to the Chief Justice and the Administrative Office of Courts. The committee shall be chaired by the Director of the Administrative Office of Courts or a designee of the director and shall consist of eleven (11) members all of whom shall be appointed by the Supreme Court. The members shall be broadly representative of the courts, mental health, veterans affairs, law enforcement, corrections, criminal defense bar, prosecutors association, juvenile justice, child protective services and substance abuse treatment communities.
(2)
The State Intervention Courts Advisory Committee may also make recommendations to the Chief Justice, the Director of the Administrative Office of Courts and state officials concerning improvements to intervention court policies and procedures including the intervention court certification process. The committee may make suggestions as to the criteria for eligibility, and other procedural and substantive guidelines for intervention court operation.
(3)
The State Intervention Courts Advisory Committee shall act as arbiter of disputes arising out of the operation of intervention courts established under this chapter and make recommendations to improve the intervention courts; it shall also make recommendations to the Supreme Court necessary and incident to compliance with established rules.
(4)
The State Intervention Courts Advisory Committee shall establish through rules and regulations a viable and fiscally responsible plan to expand the number of adult and juvenile intervention court programs operating in Mississippi. These rules and regulations shall include plans to increase participation in existing and future programs while maintaining their voluntary nature.
(5)
The State Intervention Courts Advisory Committee shall receive and review the monthly reports submitted to the Administrative Office of Courts by each certified intervention court and provide comments and make recommendations, as necessary, to the Chief Justice and the Director of the Administrative Office of Courts.
Laws, 2003, ch. 515, § 5; Laws, 2008, ch. 390, § 1, eff. 7/1/2008.
Amended by Laws, 2019, ch. 466, HB 1352,§ 6, eff. 7/1/2019.
Amended by Laws, 2014, ch. 457, HB 585, 3, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 23 - DRUG COURTS (§§ 9-23-1 — 9-23-51) › Section 9-23-13 - Intervention services; certification of inpatient treatment programs

(1)
An intervention court's alcohol and drug intervention component shall provide for eligible individuals, either directly or through referrals, a range of necessary court intervention services, including, but not limited to, the following:
(a)
Screening using a valid and reliable assessment tool effective for identifying alcohol and drug dependent persons for eligibility and appropriate services;
(b)
Clinical assessment; for a DUI offense, if the person has two (2) or more DUI convictions, the court shall order the person to undergo an assessment that uses a standardized evidence-based instrument performed by a physician to determine whether the person has a diagnosis for alcohol and/or drug dependence and would likely benefit from a court-approved medication-assisted treatment indicated and approved for the treatment of alcohol and/or drug dependence by the United States Food and Drug Administration, as specified in the most recent Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association. Upon considering the results of the assessment, the court may refer the person to a rehabilitative program that offers one or more forms of court-approved medications that are approved for the treatment of alcohol and/or drug dependence by the United States Food and Drug Administration;
(c)
Education;
(d)
Referral;
(e)
Service coordination and case management; and
(f)
Counseling and rehabilitative care.
(2)
Any inpatient treatment or inpatient detoxification program ordered by the court shall be certified by the Department of Mental Health, other appropriate state agency or the equivalent agency of another state.
(3)
All intervention courts shall make available the option for participants to use court-approved medication-assisted treatment while participating in the programs of the court in accordance with the recommendations of the National Drug Court Institute.
Laws, 2003, ch. 515, § 7, eff. 7/1/2003.
Amended by Laws, 2019, ch. 466, HB 1352,§ 8, eff. 7/1/2019.
Amended by Laws, 2014, ch. 457, HB 585, 5, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 23 - DRUG COURTS (§§ 9-23-1 — 9-23-51) › Section 9-23-15 - Requirements for participation in intervention courts

(1)
In order to be eligible for alternative sentencing through a local intervention court, the participant must satisfy each of the following criteria:
(a)
The participant cannot have any felony convictions for any offenses that are crimes of violence as defined in Section
97-3-2
within the previous ten (10) years.
(b)
The crime before the court cannot be a crime of violence as defined in Section
97-3-2
.
(c)
Other criminal proceedings alleging commission of a crime of violence cannot be pending against the participant.
(d)
The participant cannot be charged with burglary of a dwelling under Section
97-17-23(2)
or
97-17-37
.
(e)
The crime before the court cannot be a charge of driving under the influence of alcohol or any other drug or drugs that resulted in the death of a person.
(f)
The crime charged cannot be one of trafficking in controlled substances under Section
41-29-139(f)
, nor can the participant have a prior conviction for same.
(2)
Participation in the services of an alcohol and drug intervention component shall be open only to the individuals over whom the court has jurisdiction, except that the court may agree to provide the services for individuals referred from another intervention court. In cases transferred from another jurisdiction, the receiving judge shall act as a special master and make recommendations to the sentencing judge.
(3)
(a)
As a condition of participation in an intervention court, a participant may be required to undergo a chemical test or a series of chemical tests as specified by the intervention court. A participant is liable for the costs of all chemical tests required under this section, regardless of whether the costs are paid to the intervention court or the laboratory; however, if testing is available from other sources or the program itself, the judge may waive any fees for testing. The judge may waive all fees if the applicant is determined to be indigent.
(b)
A laboratory that performs a chemical test under this section shall report the results of the test to the intervention court.
(4)
A person does not have a right to participate in intervention court under this chapter. The court having jurisdiction over a person for a matter before the court shall have the final determination about whether the person may participate in intervention court under this chapter. However, any person meeting the eligibility criteria in subsection (1) of this section shall, upon request, be screened for admission to intervention court.
Laws, 2003, ch. 515, § 8; Laws, 2011, ch. 366, § 1, eff. 7/1/2011.
Amended by Laws, 2019, ch. 466, HB 1352,§ 9, eff. 7/1/2019.
Amended by Laws, 2014, ch. 457, HB 585, 6, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 23 - DRUG COURTS (§§ 9-23-1 — 9-23-51) › Section 9-23-17 - Authority of Administrative Office of Courts

With regard to any intervention court, the Administrative Office of Courts shall do the following:
(a)
Certify and re-certify intervention court applications that meet standards established by the Administrative Office of Courts in accordance with this chapter.
(b)
Ensure that the structure of the intervention component complies with rules adopted under this section and applicable federal regulations.
(c)
Revoke the authorization of a program upon a determination that the program does not comply with rules adopted under this section and applicable federal regulations.
(d)
Make agreements and contracts to effectuate the purposes of this chapter with:
(i)
Another department, authority or agency of the state;
(ii)
Another state;
(iii)
The federal government;
(iv)
A state-supported or private university; or
(v)
A public or private agency, foundation, corporation or individual.
(e)
Directly, or by contract, approve and certify any intervention component established under this chapter.
(f)
Require, as a condition of operation, that each intervention court created or funded under this chapter be certified by the Administrative Office of Courts.
(g)
Collect monthly data reports submitted by all certified intervention courts, provide those reports to the State Intervention Courts Advisory Committee, compile an annual report summarizing the data collected and the outcomes achieved by all certified intervention courts and submit the annual report to the Oversight Task Force.
(h)
Every three (3) years contract with an external evaluator to conduct an evaluation of the effectiveness of the intervention court program, both statewide and individual intervention court programs, in complying with the key components of the intervention courts adopted by the National Association of Drug Court Professionals.
(i)
Adopt rules to implement this chapter.
Laws, 2003, ch. 515, § 9, eff. 7/1/2003.
Amended by Laws, 2019, ch. 466, HB 1352,§ 10, eff. 7/1/2019.
Amended by Laws, 2014, ch. 457, HB 585, 7, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 23 - DRUG COURTS (§§ 9-23-1 — 9-23-51) › Section 9-23-19 - Funding for intervention courts

(1)
All monies received from any source by the intervention court shall be accumulated in a fund to be used only for intervention court purposes. Any funds remaining in this fund at the end of a fiscal year shall not lapse into any general fund, but shall be retained in the Intervention Court Fund for the funding of further activities by the intervention court.
(2)
An intervention court may apply for and receive the following:
(a)
Gifts, bequests and donations from private sources.
(b)
Grant and contract money from governmental sources.
(c)
Other forms of financial assistance approved by the court to supplement the budget of the intervention court.
(3)
The costs of participation in an alcohol and drug intervention program required by the certified intervention court may be paid by the participant or out of user fees or such other state, federal or private funds that may, from time to time, be made available.
(4)
The court may assess such reasonable and appropriate fees to be paid to the local Intervention Court Fund for participation in an alcohol or drug intervention program; however, all fees may be waived if the applicant is determined to be indigent.
Laws, 2003, ch. 515, § 10, eff. 7/1/2003.
Amended by Laws, 2019, ch. 466, HB 1352,§ 11, eff. 7/1/2019.
Amended by Laws, 2014, ch. 457, HB 585, 8, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 23 - DRUG COURTS (§§ 9-23-1 — 9-23-51) › Section 9-23-21 - Immunity for intervention court staff

The director and members of the professional and administrative staff of the intervention court who perform duties in good faith under this chapter are immune from civil liability for:
(a)
Acts or omissions in providing services under this chapter; and
(b)
The reasonable exercise of discretion in determining eligibility to participate in the intervention court.
Laws, 2003, ch. 515, § 11, eff. 7/1/2003.
Amended by Laws, 2019, ch. 466, HB 1352,§ 12, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 23 - DRUG COURTS (§§ 9-23-1 — 9-23-51) › Section 9-23-23 - Successful completion of intervention court requirements may result in expunction of criminal record

If the participant completes all requirements imposed upon him by the intervention court, including the payment of fines and fees assessed and not waived by the court, the charge and prosecution shall be dismissed. If the defendant or participant was sentenced at the time of entry of plea of guilty, the successful completion of the intervention court order and other requirements of probation or suspension of sentence will result in the record of the criminal conviction or adjudication being expunged. However, no expunction of any implied consent violation shall be allowed.
Laws, 2003, ch. 515, § 12, eff. 7/1/2003.
Amended by Laws, 2019, ch. 466, HB 1352,§ 13, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 23 - DRUG COURTS (§§ 9-23-1 — 9-23-51) › DRUG COURT FUND (§ 9-23-51) › Section 9-23-51 - Drug Court Fund created; purpose; distribution of monies from fund; fund to be a continuing fund; components of fund

There is created in the State Treasury a special interest-bearing fund to be known as the Drug Court Fund. The purpose of the fund shall be to provide supplemental funding to all drug courts in the state. Monies from the funds derived from assessments under Section
99-19-73
shall be distributed by the State Treasurer upon warrants issued by the Administrative Office of Courts, pursuant to procedures set by the State Drug Courts Advisory Committee to assist both juvenile drug courts and adult drug courts. Funds from other sources shall be distributed to the drug courts in the state based on a formula set by the State Drug Courts Advisory Committee. The fund shall be a continuing fund, not subject to fiscal-year limitations, and shall consist of:
(a)
monies appropriated by the Legislature for the purposes of funding drug courts;
(b)
the interest accruing to the fund;
(c)
monies received under the provisions of Section
99-19-73
;
(d)
monies received from the federal government; and
(e)
monies received from such other sources as may be provided by law.
Laws, 2004, ch. 543, § 1; Laws, 2005, 2nd Ex Sess, ch. 1, § 5, eff. 7/1/2005.
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 27 - RIVERS MCGRAW MENTAL HEALTH TREATMENT COURT ACT (§§ 9-27-1 — 9-27-21) › Section 9-27-1 - Short title

This chapter shall be known and may be cited as the Rivers McGraw Mental Health Treatment Court Act.
Amended by Laws, 2023, ch. 356, HB 1218,§ 1, eff. 7/1/2023.
Amended by Laws, 2019, ch. 466, HB 1352,§ 15, eff. 7/1/2019.
Added by Laws, 2017, ch. 416, HB 1089, 1, eff. 4/11/2017.
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 27 - RIVERS MCGRAW MENTAL HEALTH TREATMENT COURT ACT (§§ 9-27-1 — 9-27-21) › Section 9-27-3 - Legislative intent

(1)
The Legislature recognizes the critical need for judicial intervention to establish court processes and procedures that are more responsive to the needs of defendants with mental illnesses, while maintaining public safety and the integrity of the court process.
(2)
The goals of the mental health treatment courts under this chapter include the following:
(a)
Reduce the number of future criminal justice contacts among offenders with mental illnesses;
(b)
Reduce the inappropriate institutionalization of people with mental illnesses;
(c)
Improve the mental and behavioral health and well-being of defendants who come in contact with the criminal justice system;
(d)
Improve linkages between the criminal justice system and the mental health system;
(e)
Expedite case processing;
(f)
Protect public safety;
(g)
Establish linkages with other state and local agencies and programs that target people with mental illnesses in order to maximize the delivery of services; and
(h)
To use corrections resources more effectively by redirecting prison-bound offenders whose criminal conduct is driven in part by mental illnesses to intensive supervision and clinical treatment available in the mental health treatment court.
Amended by Laws, 2023, ch. 356, HB 1218,§ 2, eff. 7/1/2023.
Amended by Laws, 2019, ch. 466, HB 1352,§ 16, eff. 7/1/2019.
Added by Laws, 2017, ch. 416, HB 1089, 2, eff. 4/11/2017.
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 27 - RIVERS MCGRAW MENTAL HEALTH TREATMENT COURT ACT (§§ 9-27-1 — 9-27-21) › Section 9-27-9 - Mental health treatment court services; certification of inpatient treatment

(1)
Any mental and behavioral health treatment provider directly administering services to a participant shall be licensed by the appropriate state licensing board or hold a current and valid certification by the State Department of Mental Health or other appropriate state agency.
(2)
A mental health treatment court shall provide either directly or through referrals, a range of services, including, but not limited to, the following:
(a)
Screenings using a valid and reliable screening tool effective for identifying individuals with mental and behavioral health issues for eligibility and appropriate services;
(b)
Clinical assessment;
(c)
Referral to appropriate level of treatment services;
(d)
Counseling and treatment for co-occurring substance use disorders;
(e)
Employment Services;
(f)
Education and/or vocational services; and
(g)
Community service coordination, care and support.
Amended by Laws, 2023, ch. 356, HB 1218,§ 5, eff. 7/1/2023.
Amended by Laws, 2019, ch. 466, HB 1352,§ 18, eff. 7/1/2019.
Added by Laws, 2017, ch. 416, HB 1089, 5, eff. 4/11/2017.
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 27 - RIVERS MCGRAW MENTAL HEALTH TREATMENT COURT ACT (§§ 9-27-1 — 9-27-21) › Section 9-27-11 - Eligibility for alternative sentencing through local mental health treatment court

(1)
In order to be eligible for alternative sentencing through a local mental health treatment court, the defendant must satisfy each of the following criteria:
(a)
The defendant cannot have any felony convictions for any offenses that are crimes of violence as defined in Section
97-3-2
, other than burglary under Section
97-17-23(1)
, within the previous ten (10) years.
(b)
The crime before the court cannot be a crime of violence as defined in Section
97-3-2
, other than burglary under Section
97-17-23(1)
.
(c)
Other criminal proceedings alleging commission of a crime of violence other than burglary under Section
97-17-23(1)
cannot be pending against the defendant.
(d)
The crime before the court cannot be a charge of driving under the influence of alcohol or any other substance that resulted in the death of a person. In addition, defendants who are ineligible for nonadjudication under Section
63-11-30
shall be ineligible to participate in a mental health treatment court.
(e)
The crime charged cannot be one of trafficking in controlled substances under Section
41-29-139(f)
, nor can the defendant have a prior conviction for the same.
(2)
Participation in the services of a mental health treatment component court shall be open only to the defendant over whom the court has jurisdiction, except that the court may agree to provide the services for participants referred from another mental health treatment court. In cases transferred from another jurisdiction, the receiving judge shall act as a special master and make recommendations to the sentencing judge.
(3)
(a)
As a condition of participation in a mental health treatment court, a defendant shall be required to undergo chemical testing as specified by the program. A participant is liable for the costs of all chemical tests required under this section, regardless of whether the costs are paid to the mental health treatment court or the laboratory; however, if testing is available from other sources or the program itself, the judge may waive any fees for testing. Fees may be waived if the defendant is determined by the court to be indigent.
(b)
A laboratory that performs a chemical test under this section shall report the results of the test to the mental health treatment court.
(4)
A defendant does not have a right to participate in a mental health treatment court under this chapter. The court having jurisdiction over a defendant for a matter before the court shall have the final determination about whether the defendant may participate in the mental health treatment court under this chapter. However, any defendant meeting the eligibility criteria in subsection (1) of this section, shall, upon request, be screened for admission into the court's program.
Amended by Laws, 2023, ch. 356, HB 1218,§ 6, eff. 7/1/2023.
Amended by Laws, 2019, ch. 466, HB 1352,§ 19, eff. 7/1/2019.
Added by Laws, 2017, ch. 416, HB 1089, 6, eff. 4/11/2017.
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 27 - RIVERS MCGRAW MENTAL HEALTH TREATMENT COURT ACT (§§ 9-27-1 — 9-27-21) › Section 9-27-13 - Duties of Administrative Office of Courts regarding mental health treatment courts

(1)
With regard to any mental health treatment court, the Administrative Office of Courts shall do the following:
(a)
Certify and re-certify mental health treatment court applications that meet with standards established by the Administrative Office of Courts in accordance with this chapter.
(b)
Ensure that the structure of the mental health treatment court complies with rules adopted under this section and applicable federal regulations.
(c)
Revoke certification of a mental health treatment court upon a determination that the program does not comply with rules adopted under this section and applicable federal regulations.
(d)
Make agreements and contracts to effectuate the purposes of this chapter with:
(i)
Another department, authority or agency of the state;
(ii)
Another state;
(iii)
The federal government;
(iv)
A state-supported or private institute of higher learning; or
(v)
A public or private agency, foundation, corporation or individual.
(e)
Directly, or by contract, approve and certify any mental health treatment court component established under this chapter.
(f)
Require, as a condition of operation, that each mental health treatment court created or funded under this chapter be certified by the Administrative Office of Courts.
(g)
Collect monthly data from each certified mental health treatment court and compile an annual report summarizing the data collected and the outcomes achieved.
(h)
Every three (3) years, if funding is available, contract with an external evaluator to conduct an evaluation of the compliance with the Bureau of Justice Assistance key components, as adapted for mental health treatment courts, and effectiveness of:
(i)
Statewide mental health treatment court program; and
(ii)
Individual mental health treatment courts.
(i)
Adopt rules to implement this chapter.
Added by Laws, 2023, ch. 356, HB 1218,§ 10, eff. 7/1/2023.
Repealed by Laws, 2019, ch. 466, HB 1352,§ 23, eff. 7/1/2019.
Added by Laws, 2017, ch. 416, HB 1089, 7, eff. 4/11/2017.
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 27 - RIVERS MCGRAW MENTAL HEALTH TREATMENT COURT ACT (§§ 9-27-1 — 9-27-21) › Section 9-27-15 - Funding for mental health treatment courts

(1)
All monies received from any source by a mental health treatment court shall be accumulated in a local fund to be used only for mental health treatment court purposes. Any funds remaining in a local fund at the end of a fiscal year shall not lapse into any general fund, but shall be retained in the mental health treatment court fund for the funding of further activities by the mental health treatment court.
(2)
A mental health treatment court may apply for and receive the following:
(a)
Gifts, bequests and donations from private sources;
(b)
Grant and contract monies from governmental sources; or
(c)
Other forms of financial assistance approved by the court to supplement the budget of the mental health treatment court.
(3)
The costs of participation required by the mental health treatment court may be paid by the participant or out of user fees or such other state, federal or private funds that may, from time to time, be made available.
(4)
The mental health treatment court may assess reasonable and appropriate fees to be paid to the local mental health treatment court fund for participation in a mental health treatment court; however, all fees may be waived by the court if the defendant is determined by the court to be indigent.
Amended by Laws, 2023, ch. 356, HB 1218,§ 7, eff. 7/1/2023.
Amended by Laws, 2019, ch. 466, HB 1352,§ 20, eff. 7/1/2019.
Added by Laws, 2017, ch. 416, HB 1089, 8, eff. 4/11/2017.
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 27 - RIVERS MCGRAW MENTAL HEALTH TREATMENT COURT ACT (§§ 9-27-1 — 9-27-21) › Section 9-27-17 - Immunity for mental health treatment court staff

The mental health treatment court coordinator and members of the professional and administrative staff of the mental health treatment court who perform duties in good faith under this chapter are immune from civil liability for:
(a)
Acts or omissions in providing services under this chapter; and
(b)
The reasonable exercise of discretion in determining eligibility to participate in the mental health court.
Amended by Laws, 2023, ch. 356, HB 1218,§ 8, eff. 7/1/2023.
Amended by Laws, 2019, ch. 466, HB 1352,§ 21, eff. 7/1/2019.
Added by Laws, 2017, ch. 416, HB 1089, 9, eff. 4/11/2017.
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 27 - RIVERS MCGRAW MENTAL HEALTH TREATMENT COURT ACT (§§ 9-27-1 — 9-27-21) › Section 9-27-19 - Successful completion of requirements imposed by mental health treatment court may result in dismissal of charge and prosecution or expunction of criminal record; exception

If the participant completes all requirements imposed by the mental health treatment court, the charge and prosecution shall be dismissed. If the defendant was sentenced at the time of entry of a plea of guilty, the successful completion of the mental health treatment court order and other requirements of probation or suspension of sentence will result in the record of the criminal conviction or adjudication being expunged. However, no expunction of any implied consent violations shall be allowed.
Amended by Laws, 2023, ch. 356, HB 1218,§ 9, eff. 7/1/2023.
Amended by Laws, 2019, ch. 466, HB 1352,§ 22, eff. 7/1/2019.
Added by Laws, 2017, ch. 416, HB 1089, 10, eff. 4/11/2017.
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 27 - RIVERS MCGRAW MENTAL HEALTH TREATMENT COURT ACT (§§ 9-27-1 — 9-27-21) › Section 9-27-21 - Certification and monitoring of mental health treatment courts by Administrative Office of Courts

(1)
The Administrative Office of Courts shall be responsible for certification and monitoring of mental health treatment courts.
(2)
The Administrative Office of Courts shall promulgate rules and regulations to carry out the certification and re-certification process and make any other policies consistent with this section to carry out this process.
(3)
The Administrative Office of Courts shall establish, implement and operate a uniform certification process for all mental health treatment courts designed to adjudicate criminal actions involving an identified classification of criminal defendants to ensure funding for mental health treatment courts which supports effective and proven behavioral health treatment practices that reduce recidivism among their participants.
(4)
(a)
The Administrative Office of Courts shall establish a certification process that ensures any new or existing mental health treatment court meets standards for mental health treatment court operation.
(b)
Mental health treatment court certification application must include:
(i)
A description of the need for the mental health treatment court;
(ii)
The targeted population for the mental health treatment court;
(iii)
The eligibility criteria for mental health treatment court participants;
(iv)
A description of the process for identifying eligible participants, using a risk and needs screening and a clinical assessment which focuses on accepting moderate to high-risk individuals; and
(v)
A description of the mental health treatment court components, including anticipated budget, implementation plan, and a list of the evidence-based programs to which participants will be referred by the mental health treatment court.
(5)
Every mental health treatment court shall be certified under the following schedule:
(a)
All certified mental health treatment courts in existence on December 31, 2022, must submit a recertification petition to the Administrative Office of Courts before July 1, 2023. The mental health treatment court must submit a recertification petition every two (2) years.
(b)
A mental health treatment court's certification expires on December 31 of every odd calendar year.
(6)
A certified mental health treatment court established under this chapter is subject to the regulatory powers of the Administrative Office of Courts as set forth in Section
9-27-13
.
Added by Laws, 2023, ch. 356, HB 1218,§ 11, eff. 7/1/2023.
Repealed by Laws, 2019, ch. 466, HB 1352,§ 23, eff. 7/1/2019.
Added by Laws, 2017, ch. 416, HB 1089, 11, eff. 4/11/2017.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 1 - PRACTICE AND PROCEDURE PROVISIONS COMMON TO COURTS (§§ 11-1-1 — 11-1-71) › Section 11-1-1 - Before whom oaths may be taken

A judge of any court of record, clerk of such court, court reporter of such court, master, member of the board of supervisors, justice court judge, notary public, mayor, or police justice of a city, town or village, clerk of a municipality, and any officer of any other state, or of the United States, authorized by the law thereof to administer oaths, the judge of any court of record, or the mayor or chief magistrate of any city, borough or corporation of a foreign country; may administer oaths and take and certify affidavits whenever the same may be necessary or proper in a proceeding in any court or under any law of this state, or for the purpose of taking depositions of any party of interest, or witnesses of any suit pending before any such court, or for the perpetuation of testimony, as provided in Section
13-1-57
, Mississippi Code of 1972.
Codes 1857, ch. 61, art. 222; 1871, § 686; 1880, § 2294; 1892, § 934; 1906, § 1010; Hemingway's 1917, § 730; 1930, § 745; 1942, § 1660; Laws, 1962, ch. 306; Laws, 1988, ch. 347, § 1; Laws, 1991, ch. 573, § 12, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 1 - PRACTICE AND PROCEDURE PROVISIONS COMMON TO COURTS (§§ 11-1-1 — 11-1-71) › Section 11-1-3 - Oath of an agent or attorney sufficient in all cases

In all cases where the oath or affirmation of the party is required, such oath or affirmation may be made by his agent or attorney, and shall be as effectual for all purposes as if made by the party.
Codes 1857, ch. 61, art. 223; 1871, § 687; 1880, § 2295; 1892, § 935; 1906, § 1011; Hemingway's 1917, § 731; 1930, § 746; 1942, § 1661.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 1 - PRACTICE AND PROCEDURE PROVISIONS COMMON TO COURTS (§§ 11-1-1 — 11-1-71) › Section 11-1-5 - All papers relating to a cause filed together

All the pleadings, writs, proofs, and other papers relating to any cause in court, shall be filed together by the clerk, and carefully preserved in his office.
Codes, 1857, ch. 61, art. 25; 1871, § 563; 1880, § 2283; 1892, § 932; 1906, § 1008; Hemingway's 1917, § 728; 1930, § 751; 1942, § 1666.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 1 - PRACTICE AND PROCEDURE PROVISIONS COMMON TO COURTS (§§ 11-1-1 — 11-1-71) › Section 11-1-6 - and 11-1-7 - [Repealed]

Repealed by Laws, 1991, ch. 573, § 141, eff. 7/1/1991.
§ 11-1-6. [Codes, 1942, § 1659.5; Laws, 1972, ch. 341, § 1] § 11-1-7. [Codes, Hutchinson's 1848, ch. 54, art. 2 (6); 1857, ch. 62, art. 10; 1871, § 984; 1880, § 2265; 1892, § 914; 1906, § 990; Hemingway's 1917, § 710; 1930, § 734; 1942, § 1649]
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 1 - PRACTICE AND PROCEDURE PROVISIONS COMMON TO COURTS (§§ 11-1-1 — 11-1-71) › Section 11-1-8 - Advertising by attorneys not admitted to practice in Mississippi prohibited

The Legislature recognizes that attorneys should be licensed by the State of Mississippi before engaging in any solicitation of clients in this state. Such licensing of attorneys protects the people of Mississippi in that The Mississippi Bar has direct jurisdiction over attorneys licensed by it. The Mississippi Supreme Court can act against such licensed attorneys in the event that such licensed attorneys commit violations of Mississippi law, court rules and rules of ethics for attorneys. The Legislature finds that this section is necessary for the protection of the people of Mississippi. An attorney who is not admitted to The Mississippi Bar shall not advertise his legal services in this state for the purpose of soliciting prospective clients for commencement of any civil action in this state, or for the purpose of soliciting clients for any civil action already commenced or pending in this state, unless the attorney who is not a member of The Mississippi Bar has associated an attorney who (a) is a member of The Mississippi Bar; and (b) will be associated and actively working on substantial aspects in any civil action filed on behalf of a client solicited as a result of the advertisement. A law firm composed of both attorneys who are members of The Mississippi Bar and attorneys who are not members of The Mississippi Bar may advertise in this state if a majority of the members of the firm are members of The Mississippi Bar. For purposes of this section, a listing in the residential or business section of the white pages of a telephone book shall not be an advertisement.
Laws, 2002, 3rd Ex Sess, ch. 4, § 12, eff. 1/1/2003.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 1 - PRACTICE AND PROCEDURE PROVISIONS COMMON TO COURTS (§§ 11-1-1 — 11-1-71) › Section 11-1-9 - Continuance of action or proceeding where counsel is legislator

In any cause now pending or which shall hereafter be pending before any court of this state or before any administrative board, agency or commission of this state or before any court or administrative agency or any county or municipality of this state in which an application for continuance is properly made, predicated upon the ground that the counsel for the party making said application is a member of the Mississippi legislature and if said application is made at a time when the legislature is in session, either regular or extraordinary, or if said legislature will be in session at the time that said cause would be triable, then the continuance shall be granted in all cases.
Codes, 1942, § 1649.5; Laws, 1960, ch. 247; Laws, 1972, ch. 302, § 1, eff. 2/25/1972.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 1 - PRACTICE AND PROCEDURE PROVISIONS COMMON TO COURTS (§§ 11-1-1 — 11-1-71) › Section 11-1-11 - through 11-1-15 - [Repealed]

Repealed by Laws, 1989, ch. 587, § 7, eff. 4/25/1989 (became law without the Governor's signature).
§ 11-1-11. [Codes, Hutchinson's 1848, ch. 53, art. 2 (186), ch. 54, art 2 (7); 1857, ch. 61, arts. 12, 13, ch. 62, art. 7; 1871, §§ 536, 986; 1880, § 2271; 1892, § 920; 1906, § 996; Hemingway's 1917, § 716; 1930, § 737; 1942, § 1652; Laws, 1952, ch. 239; 1988, ch. 429, § 1] § 11-1-13. [Codes, 1892, § 921; 1906, § 997; Hemingway's 1917, § 717; 1930, § 738; 1942, § 1653; Laws, 1928, Ex. ch. 86; 1952, ch. 235; 1966, ch. 352, § 2; 1988, ch. 429, § 3] § 11-1-15. [Codes, 1880, § 2272; 1892, § 922; 1906, § 998; Hemingway's 1917, § 718; 1930, § 739; 1942, § 1654]
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 1 - PRACTICE AND PROCEDURE PROVISIONS COMMON TO COURTS (§§ 11-1-1 — 11-1-71) › Section 11-1-16 - Proceedings in vacation; jurisdiction and authority of judge

(1)
Notwithstanding the provisions of any other law to the contrary, the judge of any circuit, chancery, county, youth or family court or any other court of record shall, in vacation, and in the same manner as at a regular term, have jurisdiction to hear and determine and make and enter judgments, orders and decrees in all cases, civil or criminal, which are pending in the court and which were triable at the preceding term. Parties and witnesses duly summoned, subpoenaed or bound by recognizance at the preceding term shall be bound to attend without the necessity of additional process. Petit juries may be impaneled in such cases in the same manner as in termtime. All judgments, orders and decrees which the judge may render or make in such cases tried shall be signed by him and thereupon be entered and recorded on the minute book of the court in which the case or matter is pending, and shall have the same force and effect as if made, entered and recorded in termtime. Appeals may be had and taken therefrom when so entered and recorded, as in other cases, in like manner as is provided by law when cases are tried in termtime.
(2)
The provisions of this section shall be supplemental and in addition to all other jurisdiction and authority which the judge of any such court may lawfully exercise in vacation or at a special term.
Laws, 1983, ch. 388, eff. 3/23/1983.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 1 - PRACTICE AND PROCEDURE PROVISIONS COMMON TO COURTS (§§ 11-1-1 — 11-1-71) › Section 11-1-17 - Time for rendition of final decree; right of appeal where decree not entered within required time

All chancellors or judges of the chancery and circuit courts of the state of Mississippi shall render their final decree on any and all matters taken under advisement by such chancellors or judges not later than six (6) months after the date when same are taken under advisement or not later than six (6) months after the date on which the chancellors or courts or judges set as a date for the final brief or memoranda of authority is required to be filed on or as to the cause taken under advisement, whichever is the latest date after the date on which the cause or case is taken under advisement.
In the event a final decree has not been entered within the six months period hereinbefore referred to, then any party to said law suit shall have the right to appeal on the record as otherwise provided the same as if a final decree has been rendered adversely. Said appeal shall be to the supreme court of the state of Mississippi and shall be treated as a preferred case over other cases except election contests.
Codes, 1942, § 1650.5; Laws, 1958, ch. 334, § 3; Laws, 1962, ch. 388, § 2; Laws, 1966, ch. 445, § 4; Laws, 1968, ch. 334, § 1, eff. 8/7/1968.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 1 - PRACTICE AND PROCEDURE PROVISIONS COMMON TO COURTS (§§ 11-1-1 — 11-1-71) › Section 11-1-18 - Bench trials allowed in certain cases where parties agree

If the parties to a cause of action agree, any claim filed alleging damages may receive a bench trial which shall be conducted in two hundred seventy (270) days or less after the cause of action has been filed. The cause of action shall be a priority item in the court.
Laws, 2004, 1st Ex. Sess., ch. 1, § 18, eff. 9/1/2004.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 1 - PRACTICE AND PROCEDURE PROVISIONS COMMON TO COURTS (§§ 11-1-1 — 11-1-71) › Section 11-1-19 - [Repealed]

Repealed by Laws, 1991, ch. 573, § 141, eff. 7/1/1991.
Codes, Hutchinson's 1848, ch. 61, art 1 (96); 1857, ch. 61, art 186; 1871, § 627; 1880, § 2298; 1892, § 940; 1906, § 1016; Hemingway's 1917, § 736; 1930, § 755; 1942, § 1670.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 1 - PRACTICE AND PROCEDURE PROVISIONS COMMON TO COURTS (§§ 11-1-1 — 11-1-71) › Section 11-1-21 - Excess remitted

Where any bond, taken by virtue of any process or order, by miscalculation or mistake, shall be conditioned for the payment of a larger sum of money than by law ought to have been acquired thereby, and a verdict shall have been rendered thereon for the larger sum, or where a verdict shall be rendered for more damages than the plaintiff shall have demanded by his suit, and judgment be rendered accordingly, it shall be lawful for the plaintiff, at the same or any future term of the court, to release in open court any such excess; or he may in vacation release the same, in writing under his hand, and file it among the papers of the cause; and such release shall cure any error growing out of the excess. If the record of any such judgment be removed to an appellate court before the release be made, it shall be competent for the appellee to make such release in the appellate court; and thereupon, the court, after reversing the judgment, shall proceed to give such judgment as the court below ought to have given if the release had been filed therein; but in such case the appellant shall recover the costs paid, and the judgment shall not be entered against the sureties in the appeal bond.
Codes, Hutchinson's 1848, ch. 61, art. 1 (97, 98); 1857, ch. 61, arts. 187, 188; 1871, §§ 628, 629; 1880, §§ 2299, 2300; 1892, § 941; 1906, § 1017; Hemingway's 1917, § 737; 1930, § 756; 1942, § 1671; Laws, 1978, ch. 335, § 1, eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 1 - PRACTICE AND PROCEDURE PROVISIONS COMMON TO COURTS (§§ 11-1-1 — 11-1-71) › Section 11-1-23 - Court or judge may require new security

Each court, and the judge thereof in vacation, and any of the judges, if more than one compose the court, in all cases not especially provided for by statute, may require any bond, recognizance, obligation, or undertaking of any kind in any legal proceeding, of which the court has cognizance, which is shown to be insufficient, to be substituted by a new one, with sufficient sureties; and for a failure to comply with the order of the court or judge in the matter, the court or judge may make such order as may be proper in the case, and may direct such process as may be necessary or proper to enforce it; but notwithstanding the discharge of a supersedeas, injunction, attachment, or other process in consequence of such failure, a judgment or decree may be given on the bond or other obligation, or liability on it may be enforced by action or otherwise, as if it had not been held to be insufficient; but if done in vacation, five days' notice of the time and place of making application for the order shall be given to the opposite party; and in all cases reasonable time shall be allowed for giving new bond, upon such terms as the court or judge may prescribe.
Codes, 1880, § 2307; 1892, § 948; 1906, § 1024; Hemingway's 1917, § 744; 1930, § 757; 1942, § 1672.