MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Public Health and Welfare

By: Senator(s) Thames, Woodfield

AN ACT TO AMEND SECTION 41-21-87, MISSISSIPPI CODE OF 1972, TO REQUIRE NOTICE TO A FAMILY MEMBER OR THE PETITIONER OF THE UPCOMING DISCHARGE OF A CIVILLY COMMITTED PATIENT; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 41-21-87, Mississippi Code of 1972, is amended as follows:

41-21-87. (1) The director of the treatment facility may discharge any civilly committed patient upon filing his certificate of discharge with the clerk of the committing court, certifying that the patient, in his judgment, no longer poses a substantial threat of physical harm to himself or others.

(2) The director of the treatment facility may return any patient to the custody of the committing court upon providing seven (7) days' notice and upon filing his certificate of same as follows:

(a) When, in the judgment of the director, the patient may be treated in a less restrictive environment; provided, however, that treatment in such less restrictive environment shall be implemented within seven (7) days after notification of the court; or

(b) When, in the judgment of the director, adequate facilities or treatment are not available at the treatment facility.

(3) The director may transfer any civilly committed patient from one facility operated directly by the Department of Mental Health to another as necessary for the welfare of that or other patients. Upon receiving the director's certificate of transfer, the court shall enter an order accordingly.

(4) Within twenty-four (24) hours prior to the release or discharge of any civilly committed patient, the director shall give or cause to be given notice of such release or discharge to the sheriff of the county and to the chief of police of the municipality of the patient's residence, as well as to one (1) member of the patient's immediate family or the petitioner in the commitment proceedings, provided the member of the patient's immediate family or the petitioner has furnished in writing a current address and telephone number, if applicable, to the director for such purpose.

SECTION 2. This act shall take effect and be in force from and after July 1, 1997.