MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Judiciary A

By: Representative Endt

AN ACT TO AMEND SECTION 41-21-63, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COMMITMENT OF PERSONS WITH PENDING CRIMINAL CHARGES; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 41-21-63, Mississippi Code of 1972, is amended as follows:

41-21-63. (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. A person with any pending criminal charges may be committed to a public treatment facility if the court determines that commitment would be in the best interest of the person. 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 said sections.

(2) 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 criminal charges pending.

(3) The circuit court shall have jurisdiction under Sections 99-13-7, 99-13-9 and 99-13-11.

SECTION 2. This act shall take effect and be in force from and after its passage.