MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Public Health and Welfare

By: Senator(s) Thames

AN ACT TO AMEND SECTION 41-21-65, MISSISSIPPI CODE OF 1972, TO DELETE THE REQUIREMENT THAT THE PERSON FILING AN AFFIDAVIT FOR INVOLUNTARY COMMITMENT SHALL POST A SUM FOR COURT COSTS, AND TO PROVIDE THAT SUCH AFFIANT MAY BE REPRESENTED BY AN ATTORNEY; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 41-21-65, Mississippi Code of 1972, is amended as follows:

41-21-65. If any person shall be alleged to be in need of treatment, any relative of such person, or any interested person, may make affidavit of such fact and shall file such affidavit with the clerk of the chancery court of the county in which the person alleged to be in need of treatment resides or of the county in which such person is found * * *. Affiant's representation by an attorney is recommended, but not required. Such affidavit shall be filed in duplicate. The affidavit shall set forth the name and address of the proposed patient's nearest relatives, if known, and the reasons for the affidavit. The affidavit must contain factual descriptions of the proposed patient's recent behavior, including a description of the behavior, where it occurred, and over what period of time it occurred. Each factual allegation must be supported by observations of witnesses named in the affidavit. Affidavits shall be stated in behavioral terms and shall not contain judgmental or conclusory statements.

SECTION 2. This act shall take effect and be in force from and after July 1, 1998.