Senate Bill 2286

(As Passed the Senate)

AN ACT TO CREATE THE FORENSIC MENTAL HEALTH ACT OF 2018; TO ENSURE CONSTITUTIONAL PROTECTIONS FOR PEOPLE WITH MENTAL HEALTH CONCERNS WHO ARE INVOLVED WITH THE CRIMINAL JUSTICE SYSTEM; TO REQUIRE THE DEPARTMENT OF MENTAL HEALTH TO DEVELOP STANDARDS FOR CERTIFICATION OF PROVIDERS AUTHORIZED TO PERFORM MENTAL EXAMINATIONS FOR CRIMINAL DEFENDANTS AND TO PROVIDE TRAINING TO THE PROVIDERS; TO AMEND SECTION 99-13-11, MISSISSIPPI CODE OF 1972, TO CLARIFY THE MENTAL EXAMINATION OF PERSONS CHARGED WITH A FELONY; TO AMEND SECTION 41-21-63, MISSISSIPPI CODE OF 1972, TO CLARIFY THE JURISDICTION OVER A PERSON WITH UNRESOLVED VIOLENT FELONY CHARGES WHOSE MENTAL COMPETENCY IS IN QUESTION; TO AMEND SECTION 41-21-65, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.

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

SECTION 1. 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.

SECTION 2. Section 99-13-11, Mississippi Code of 1972, is amended as follows:

99-13-11. In any criminal action * * *~~in the circuit court~~ in which the mental * * *~~condition~~ competency of a person * * *~~indicted for~~ charged with a felony is in question, the circuit or county court or judge in vacation on motion duly made by the defendant * * *, or the district attorney, or on the motion of the court or judge, may order such person to submit to a mental examination by a competent psychiatrist or psychologist selected by the court to determine his ability to make a defense; * * *~~provided, however,~~ any cost or expense in connection with such mental examination shall be paid by the county in which such criminal action is pending.

SECTION 3. 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. 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) 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 * * *~~pending~~. If a circuit court with jurisdiction over unresolved felony charges enters an order concluding that the person is incompetent to stand trial and is not restorable to competency in the foreseeable future, the matter should be referred to the chancery court to undergo civil commitment procedures under Sections 41-21-61 through 41-21-107. The chancery court shall have jurisdiction and shall proceed with civil commitment procedures under Sections 41-21-61 through 41-21-107. Such an order of the circuit court shall be in lieu of the affidavit for commitment provided for in Section 41-21-65.

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

(4) A person committed under Sections 41-21-61 through 41-21-107 after referral under this section shall not be released without order of the court having confined the person. Before release, the sheriff and the district attorney of the county where the offense was committed, the sheriff of the committed person's destination, and the crime victim or a family member must be notified.

SECTION 4. Section 41-21-65, Mississippi Code of 1972, is amended as follows:

41-21-65. (1) It is the intention of the Legislature that the filing of an affidavit under this section be a simple, inexpensive, uniform, and streamlined process for the purpose of facilitating and expediting the care of individuals in need of treatment.

(2) If any person is alleged to be in need of treatment, any relative of the person, or any interested person, may make affidavit of that fact and shall file the affidavit with the clerk of the chancery court of the county in which the person alleged to be in need of treatment resides; provided, however, that a chancellor or duly appointed special master may, in his or her discretion, hear the matter in the county in which the person may be found. The chancellor is authorized to immediately transfer the cause of a person alleged to be in need of treatment from the county where the person was found to the person's county of residence. The affidavit shall set forth the name and address of the proposed patient's nearest relatives and whether the proposed patient resides or has visitation rights with any minor children, 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, if known. Each factual allegation may be supported by observations of witnesses named in the affidavit. Because of the emergency nature of those affidavits, at the affiant's request the chancery clerk shall provide the affiant with the one-page affidavit form developed by the Department of Mental Health, which the affiant may complete and file without the need for consulting or retaining an attorney. The Department of Mental Health, in consultation with the Mississippi Chancery Clerks' Association, shall develop a simple, one-page affidavit form for the use of affiants as provided in this subsection, which shall be used in all counties in the state. No chancery clerk shall require an affiant to retain an attorney for the filing of an affidavit under this section.

(3) The chancery clerk may charge the affiant a total fee for all services equal to the amount set out in Section 25-7-9(o), and the appropriate state and county assessments as required by law.

(4) The prohibition against charging the affiant other fees, expenses, or costs shall not preclude the imposition of monetary criminal penalties under Section 41-21-107 or any other criminal statute, or the imposition by the chancellor of monetary penalties for contempt if the affiant is found to have filed an intentionally false affidavit or filed the affidavit in bad faith for a malicious purpose.

(5) Nothing in this section shall be construed so as to conflict with Section 41-21-63.

SECTION 5. This act shall take effect and be in force from and after its passage.