MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Judiciary A
By: Representatives Reynolds, Felsher
AN ACT TO AMEND SECTION 9-27-1, MISSISSIPPI CODE OF 1972, TO CHANGE THE NAME OF THE RIVERS MCGRAW MENTAL HEALTH DIVERSION PROGRAM ACT TO THE "RIVERS MCGRAW MENTAL HEALTH TREATMENT COURT ACT"; TO AMEND SECTION 9-27-3, MISSISSIPPI CODE OF 1972, TO TRANSITION THE MENTAL HEALTH DIVERSION PROGRAM INTO A MENTAL HEALTH TREATMENT COURT AND TO CLARIFY THE GOALS OF THE MENTAL HEALTH TREATMENT COURTS; TO AMEND SECTION 9-27-5, MISSISSIPPI CODE OF 1972, TO REVISE CERTAIN DEFINITIONS AND TO DEFINE ADDITIONAL TERMS; TO CREATE NEW SECTION 9-27-6, MISSISSIPPI CODE OF 1972, TO REQUIRE THE ADMINISTRATIVE OFFICE OF COURTS TO MAINTAIN A UNIFORM CERTIFICATION PROCESS FOR MENTAL HEALTH TREATMENT COURTS AND TO ESTABLISH MINIMUM STANDARDS AND DEADLINES FOR CERTIFICATION AND RECERTIFICATION; TO AMEND SECTION 9-27-9, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; TO AMEND SECTION 9-27-11, MISSISSIPPI CODE OF 1972, TO REVISE ELIGIBILITY REQUIREMENTS FOR PARTICIPATION IN A MENTAL HEALTH TREATMENT COURT AND TO LIST CERTAIN CRIMES OF VIOLENCE WHICH DISQUALIFY DEFENDANTS; TO CREATE NEW SECTION 9-27-12, MISSISSIPPI CODE OF 1972, TO PRESCRIBE THE DUTIES OF THE ADMINISTRATIVE OFFICE OF COURTS IN RELATION TO THE MENTAL HEALTH TREATMENT COURTS; TO AMEND SECTION 9-27-15, MISSISSIPPI CODE OF 1972, TO REQUIRE PARTICIPANTS TO UNDERGO CHEMICAL OR DRUG TESTS; TO AMEND SECTION 9-27-17, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; TO AMEND SECTION 9-27-19, MISSISSIPPI CODE OF 1972, TO REQUIRE A PETITION FOR COMMITMENT TO BE DISMISSED UPON A PARTICIPANT'S SUCCESSFUL COMPLETION OF THE REQUIREMENTS IMPOSED BY A MENTAL HEALTH TREATMENT COURT; TO REPEAL SECTION 9-27-7, MISSISSIPPI CODE OF 1972, WHICH REQUIRES THE ADMINISTRATIVE OFFICE OF COURTS TO COLLECT CERTAIN DATA AND REPORTS FROM THE MENTAL HEALTH COURTS AND ESTABLISHES STANDARDS FOR MENTAL HEALTH COURTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 9-27-1, Mississippi Code of 1972, is amended as follows:
9-27-1. This chapter shall
be known and may be cited as the "Rivers McGraw Mental Health * * * Treatment Court Act."
SECTION 2. Section 9-27-3, Mississippi Code of 1972, is amended as follows:
9-27-3. (1) The Legislature
recognizes the critical need for judicial intervention to establish court
processes and procedures that are more responsive to the needs of * * * those individuals with mental
illnesses whose conduct places them under the jurisdiction of the courts,
while maintaining public safety and the integrity of the court process. It is
the intent of the Legislature to facilitate local mental health treatment court
alternatives adaptable to chancery, circuit, county and youth courts.
(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 * * * institutionalization of people
with mental illnesses;
(c) Improve the mental
health and well-being of defendants who come in contact with the * * * court system;
(d) Improve linkages
between the * * * court system and the mental health system;
(e) Expedite case processing;
(f) Protect public safety;
(g) Establish linkages * * * between the court system and
state and local agencies and programs that target people with mental illnesses
in order to maximize the delivery of services; and
(h) To * * *
redirect prison-bound offenders and other individuals whose * * * conduct is driven in part by mental
illnesses to intensive supervision and clinical treatment available in the mental
health treatment court.
SECTION 3. Section 9-27-5, Mississippi Code of 1972, is amended as follows:
9-27-5. For the purposes of
this chapter, the following words and phrases * * * have the meanings ascribed in this section
unless the context clearly requires otherwise:
(a) * * * "Certified mental health treatment
provider" means an organization which conducts screening and assessments on
each participant. A treatment provider shall make recommendations as to
appropriate treatment services and support for individual participants of the
mental health treatment court. A treatment provider shall work actively with
the mental health treatment court to identify and implement alternatives to incarceration
or commitment for participants and to identify, access and assist funding sources
for treatment services to individual participants. A certified mental health
treatment provider must be certified by the State Department of Mental Health
or otherwise licensed to provide services in the State of Mississippi.
(b) "Clinical assessment" means the use of an actuarial assessment tool approved by the Administrative Office of Courts which evaluates a person's physical, medical, cognitive, psychological (personality, emotions, beliefs and attitudes), and behavioral history and current condition in order to determine the presence of any mental health disorder.
(c) "Crime of violence" means an offense listed in Section 9-27-15(1)(b).
(d) "Crisis intervention team" or "CIT" means the product of a partnership between local law enforcement officers and a variety of agencies, including Community Mental Health Centers, primary health providers and behavioral health professionals. Officers who have received crisis intervention training may respond to individuals experiencing a mental health crisis and divert them to an appropriate setting to provide treatment, ensuring individuals are not arrested and taken to jail due to the symptoms of their illness.
(e) "Mental health disorder" means a syndrome characterized by a clinically significant disturbance in an individual's cognition, emotion regulation or behavior that reflects a dysfunction in the psychological, biological or developmental processes underlying mental functioning as defined by the Diagnostic and Statistical Manual of Mental Disorders (DSM–5).
( * * *f) "Mental health * * * treatment court"
means * * *
a
court program with a specialized docket for certain individuals with mental illnesses
with an emphasis on linking individuals to effective treatment and support.
( * * *g) "Evidence-based * * * program" and "research-based
program" means a program that utilizes supervision policies,
procedures and practices that scientific research demonstrates reduce
recidivism.
( * * *h) "Risk and needs assessment"
means the use of an actuarial assessment tool * * *
that determines a person's * * * eligibility for admission into
a mental health treatment court.
SECTION 4. The following shall be codified as Section 9-27-6, Mississippi Code of 1972:
9-27-6. (1) (a) The Administrative Office of Courts shall establish, implement and operate a uniform certification process for all new or existing mental health treatment courts to ensure that these courts meet minimum standards for mental health treatment court operations.
(b) These standards include, but are not limited to, the Mississippi Mental Health Treatment Court Standards.
(c) Mental health treatment court certification applications 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 appropriate participants, which must include the use of a risk and needs assessment and a clinical assessment and must focus on accepting moderate to high-risk individuals;
(v) A description of the mental health treatment court components, including anticipated budget, implementation plan, and a list of the evidence-based or research-based programs to which participants will be referred by the mental health treatment court; and
(vi) A data collection plan, which must include collecting the data listed in subsection (2) of this section.
(d) Beginning July 1, 2022, all qualified courts seeking to establish a mental health treatment court or to continue operating an existing mental health treatment court must submit a mental health treatment court certification application to the Administrative Office of Courts before April 30 preceding the fiscal year in which the court intends to begin operations or continue operating. The Administrative Office of Courts must complete the certification process no later than December 31 of the calendar year in which the application was received. A mental health treatment court's certification expires on December 31.
(e) 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 of every calendar year. The recertification process must be completed no later than December 31 of every calendar year.
(f) A certified mental health treatment court in existence on December 31, 2024, must submit a recertification petition to the Administrative Office of Courts before July 1, 2025, and July 1 of every third calendar year thereafter. The recertification process must be completed no later than December 31 of every third calendar year.
(2) Each month, mental health treatment courts must collect and record the required data into the official intervention court case management system adopted by the Administrative Office of Courts and any other data or information as required by the Administrative Office of Courts.
(3) A mental health treatment court judge individually may establish rules and make special orders and rules as necessary that do not conflict with rules promulgated by the Supreme Court or the Administrative Office of Courts.
(4) A mental health treatment court judge may appoint the full- or part-time employees deemed necessary for the work of the mental health treatment court and must fix the compensation of those employees, pursuant to the salary ranges promulgated by the Administrative Office of Courts. The employees must serve at the will and pleasure of the senior mental health treatment court judge.
(5) The Administrative Office of Courts shall promulgate rules and regulations to carry out the certification and recertification process and make any other policies not inconsistent with this section to carry out this process.
(6) All mental health treatment courts operating in the State of Mississippi shall operate subject to the approval and regulatory powers of the Administrative Office of Courts as set forth in Section 9-27-12.
SECTION 5. Section 9-27-9, Mississippi Code of 1972, is amended as follows:
9-27-9. (1) A mental
health treatment court's * * * treatment
component shall provide for eligible individuals, either directly or through
referrals, a range of necessary * * * services, including, but not
limited to, the following:
(a) Screening using a
valid and reliable risk and needs assessment tool effective for
identifying persons affected by mental health * * * disorders for eligibility and appropriate
services;
(b) Clinical assessment;
(c) Education;
(d) Referral;
(e) * * * Community service coordination
and * * *
support; and
(f) Counseling and rehabilitative care.
(2) Any inpatient treatment * * * provider utilized by the mental
health treatment court shall be certified by the State Department of
Mental Health, other appropriate state agency or the equivalent agency of
another state.
SECTION 6. Section 9-27-11, Mississippi Code of 1972, is amended as follows:
9-27-11. (1) In order for
a defendant accused of a crime to be eligible for * * * participation
in a * * *
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 * * * paragraph (b) of this subsection
within the previous ten (10) years.
(b) The crime before
the court and other criminal proceedings cannot be a crime of violence
as * * *
follows:
(i) Driving under the influence as provided in Sections 63-11-30(5)(a) and 63-11-30(12)(d);
(ii) Murder and attempted murder as provided in Sections 97-1-7(2), 97-3-19, 97-3-23 and 97-3-25;
(iii) Aggravated assault as provided in Sections 97-3-7(2)(a) and (b) and 97-3-7(4)(a);
(iv) Manslaughter as provided in Sections 97-3-27, 97-3-29, 97-3-31, 97-3-33, 97-3-35, 97-3-39, 97-3-41, 97-3-43, 97-3-45 and 97-3-47;
(v) Killing of an unborn child as provided in Sections 97-3-37(2)(a) and 97-3-37(2)(b);
(vi) Kidnapping as provided in Section 97-3-53;
(vii) Human trafficking as provided in Section 97-3-54.1;
(viii) Poisoning as provided in Section 97-3-61;
(ix) Rape as provided in Sections 97-3-65 and 97-3-71;
(x) Robbery as provided in Sections 97-3-73 and 97-3-79;
(xi) Sexual battery as provided in Section 97-3-95;
(xii) Drive-by shooting or bombing as provided in Section 97-3-109;
(xiii) Carjacking as provided in Section 97-3-117;
(xiv) Felonious neglect, abuse or battery of a child as provided in Section 97-5-39;
(xv) Burglary of a dwelling as provided in Sections 97-17-23(2) and 97-17-37;
(xvi) Use of explosives or weapons of mass destruction as provided in Section 97-37-25;
(xvii) Statutory rape as provided in Section 97-3-65(1), but this classification is rebuttable on hearing by a judge;
(xviii) Gratification of lust as provided in Section 97-5-23; and
(xix) Shooting into a dwelling as provided in Section 97-37-29.
* * *
( * * *c) 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) In order for a respondent to a civil case to be eligible for participation in a mental health treatment court, the individual must satisfy each of the following criteria:
(a) The individual cannot have any felony convictions for any offenses that are crimes of violence as defined in subsection (1)(b) of this section within the previous ten (10) years;
(b) The individual cannot have any pending criminal proceedings for a crime of violence as defined in subsection (1)(b) of this section; and
(c) The individual cannot have any pending criminal proceedings for trafficking in controlled substances under Section 41-29-139(f), nor can the individual have a prior conviction for the same.
(3) Upon referral, any person meeting the eligibility criteria in subsections (1) and (2) of this section must be screened for admission into the mental health treatment court.
( * * *4) Participation in the services of a
mental health treatment * * *component court shall be open * * * to * * * individuals over whom the court has jurisdiction * * *. The court may agree to
provide the services for individuals referred from another mental health treatment
court, drug intervention court or veterans treatment court. In cases
transferred from another jurisdiction, the receiving judge shall act as a special
master and make recommendations to the * * * original intervention or treatment
court judge.
* * *
( * * *5) A person does not have a right to
participate in a mental health treatment court under this chapter. The
court having jurisdiction over a person for a matter before the court shall:
(a) allow the person to choose whether to participate in the mental health treatment
court or proceed otherwise through the court system; and (b) have the final
determination about whether the person may participate in the mental health treatment
court under this chapter. * * * However, any person meeting the eligibility criteria in subsection (1)
of this section, shall, upon request, be screened for admission into the court's
program.
SECTION 7. The following shall be codified as Section 9-27-12, Mississippi Code of 1972:
9-27-12. With regard to any mental health treatment court, the Administrative Office of Courts shall do the following:
(a) Certify and recertify mental health treatment court applications that comply 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 the Mental Health Treatment Court Rules, state statutes or applicable federal rules or regulations. (c) Revoke the certification of a mental health treatment court upon a determination that the program does not comply with the Mental Health Treatment Court Rules, state statutes or applicable federal rules or 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 mental health treatment court established under this chapter.
(f) Require, as a condition of operation, that all mental health treatment courts created or funded under this chapter be certified by the Administrative Office of Courts.
(g) Collect monthly data from all certified mental health treatment courts, compile an annual report summarizing the data collected and the outcomes achieved by all certified mental health treatment courts.
(h) Every five (5) years, and if funding is available, contract with an external evaluator to conduct an evaluation of the effectiveness of the statewide mental health treatment court program and individual mental health treatment courts.
(i) Adopt rules to implement this chapter.
SECTION 8. Section 9-27-15, Mississippi Code of 1972, is amended as follows:
9-27-15. (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.
(c) Other forms of
financial assistance approved by the court to supplement the budget of the
mental health * * * treatment court.
(3) The costs of * * * mental health treatment * * * 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) (a) As a condition of participation in a mental health treatment court, a participant may be required to undergo a chemical or drug test or a series of chemical or drug tests 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 also shall be waived if the applicant is determined to be indigent.
(b) A laboratory that performs a chemical test under this section must report the results of the test to the mental health treatment court.
( * * *5) The 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 program * * *. Additionally, all fees * * * must be waived by the court if the * * * participant is determined to
be indigent.
SECTION 9. Section 9-27-17, Mississippi Code of 1972, is amended as follows:
9-27-17. 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 treatment court.
SECTION 10. Section 9-27-19, Mississippi Code of 1972, is amended as follows:
9-27-19. (1) If the
participant completes all requirements imposed * * * by the mental health treatment court,
the charge and prosecution shall be dismissed. If the * * * participant 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 by the court.
(2) Expungements performed under subsection (1) of this section are not subject to the requirements and limitations set forth by any other statute authorizing expungements.
(3) If the participant is a respondent to a civil case and completes all requirements imposed by the order placing the participant in the mental health treatment court, the petitioner's petition for commitment must be dismissed.
SECTION 11. Section 9-27-7, Mississippi Code of 1972, which requires the Administrative Office of Courts to collect certain data and reports from the mental health courts and establishes standards for mental health courts, is repealed.
SECTION 12. This act shall take effect and be in force from and after July 1, 2022.