MISSISSIPPI LEGISLATURE

2022 Regular Session

To: Judiciary, Division A

By: Senator(s) McCaughn, Boyd, Suber, Tate

Senate Bill 2468

AN ACT TO AMEND SECTION 9-27-1, MISSISSIPPI CODE OF 1972, TO REVISE THE RIVERS MCGRAW MENTAL HEALTH DIVERSION PROGRAM TO ENACT THE RIVERS MCGRAW MENTAL HEALTH TREATMENT COURT ACT; TO AMEND SECTION 9-27-3, MISSISSIPPI CODE OF 1972, TO REVISE THE LEGISLATIVE STATEMENT OF INTENT; TO AMEND SECTION 9-27-5, MISSISSIPPI CODE OF 1972, TO DEFINE TERMS; TO AMEND SECTION 9-27-7, MISSISSIPPI CODE OF 1972, TO REQUIRE THE ADMINISTRATIVE OFFICE OF COURTS TO ESTABLISH AND IMPLEMENT 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; TO PROSCRIBE THE CONTENTS OF THE CERTIFICATIONS; TO ESTABLISH A TIERED CERTIFICATION PROCESS; TO REQUIRE THE ADMINISTRATIVE OFFICE OF COURTS TO PROMULGATE RULES; TO AMEND SECTION 9-27-11, MISSISSIPPI CODE OF 1972, TO SET ELIGIBILITY REQUIREMENTS FOR PARTICIPATION IN A MENTAL HEALTH TREATMENT COURT; TO AMEND SECTION 9-27-15, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE REQUIREMENT OF A CHEMICAL OR DRUG TEST; TO CREATE NEW SECTION 9-27-16, MISSISSIPPI CODE OF 1972, TO PROSCRIBE THE DUTIES OF THE ADMINISTRATIVE OFFICE OF COURTS UNDER THIS ACT; TO AMEND SECTION 9-27-19, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT EXPUNGEMENTS UNDER THIS ACT ARE NOT SUBJECT TO OTHER REQUIREMENTS PROVIDED BY LAW; TO PROVIDE THAT IF THE PARTICIPANT IS A RESPONDENT TO A CIVIL CASE AND SUCCESSFULLY COMPLETES ALL REQUIREMENTS UNDER THE ACT THAT THE PARTICIPANT'S PETITION FOR COMMITMENT SHALL BE DISMISSED; TO AMEND SECTIONS 9-27-9 AND 9-27-17 MISSISSIPPI CODE OF 1972, TO CONFORM; 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 * * * Diversion Program 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 * * * defendants with mental illnesses those mentally ill individuals 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 * * * inappropriate institutionalization of people with mental illnesses;

          (c)  Improve the mental health and well-being of defendants who come in contact with the * * * criminal justice court system;

          (d)  Improve linkages between the * * * criminal justice court system and the mental health system;

          (e)  Expedite case processing;

          (f)  Protect public safety;

          (g)  Establish linkages * * * with other 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 * * * use corrections resources more effectively by redirecting redirect prison-bound offenders and other individuals whose * * * criminal 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 shall have the meanings ascribed unless the context clearly requires otherwise:

 * * *  (a)  "Chemical tests" means the analysis of an individual's:  (i) blood, (ii) breath, (iii) hair, (iv) sweat, (v) saliva, (vi) urine, or (vii) other bodily substance to determine the presence of alcohol or a controlled substance.

          (a)  "Certified mental health treatment provider" means an organization who will conduct screening and assessments on each participant.  All treatment providers will make recommendations as to appropriate treatment services and support for individual participants of the mental health treatment courts.  Treatment providers will work actively with the mental health treatment court to identify and implement alternatives to incarceration or commitment for participants and will work actively to identify, access, and assist funding sources for treatment services to individual participants.  Certified mental health treatment providers must be certified by the Mississippi 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 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).

          ( * * *bf)  "Mental health * * * diversion program treatment court" means * * * an immediate and highly structured intervention process for mental health treatment of eligible defendants or juveniles that:

   (i)  Brings together mental health professionals, local social programs and intensive judicial monitoring; and

   (ii)  Follows the key components of the mental health court curriculum published by the Bureau of Justice of the United States Department of Justice a court program with a specialized docket for certain individuals with mental illnesses with an emphasis on linking individuals to effective treatment and support.

          ( * * *cg)  "Evidence-based * * * practices program" and "research-based program" means a program that utilizes supervision policies, procedures and practices that scientific research demonstrates reduce recidivism.

          ( * * *dh)  "Risk and needs assessment" means the use of an actuarial assessment tool * * * validated on a Mississippi corrections population to which determine a person's * * * risk to reoffend and the characteristics that, if addressed, reduce the risk to reoffend eligibility for admission into a mental health treatment court.

     SECTION 4.  Section 9-27-7, Mississippi Code of 1972, is amended as follows:

     9-27-7.  (1)  The Administrative Office of Courts * * * is the repository for reports filed by courts established under this chapter.  The goal of the mental health courts is to support effective and proven practices that reduce recidivism and provide treatment for participants.

(2)  Mental health courts must adhere to the standards established in this chapter. 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.

          (a)  These standards shall include, but are not limited to * * *:

   (i)  The use of evidence‑based practices including, but not limited to, the use of a valid and reliable risk and needs assessment tool to identify participants and deliver appropriate treatments;

   (ii)  Targeting medium‑ to high‑risk offenders for participation;

   (iii)  The use of current, evidence‑based interventions proven to provide mental health treatment;

   (iv)  Coordinated strategy between all mental health court personnel;

   (v)  Ongoing judicial interaction with each participant; and

   (vi)  Monitoring and evaluation of mental health court implementation and outcomes through data collection and reporting. the Mississippi Mental Health Treatment Court Standards.

          (b) * * *  Mental health courts must implement a data collection plan, which shall include collecting the following data:

   (i)  Total number of participants;

   (ii)  Total number of successful participants;

   (iii)  Total number of unsuccessful participants and the reason why each participant did not complete the program;

   (iv)  Total number of participants who were arrested for a new criminal offense while in the mental health court;

   (v)  Total number of participants who were convicted of a new felony or misdemeanor offense while in the mental health court;

   (vi)  Total number of participants who committed at least one (1) violation while in the mental health court and the resulting sanction(s);

   (vii)  Results of the initial risk and needs assessment or other clinical assessment conducted on each participant; and

   (viii)  Any other data or information as required by the Administrative Office of Courts.

(3)  All mental health courts must measure successful completion of the program based on those participants who complete the program without a new criminal conviction. Mental health treatment court certification applications shall 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 shall include the use of a risk and needs assessment and a clinical assessment and shall 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;

(vi)  A data collection plan, which shall include collecting the data listed in subsection (2)(a) of this section.

(c)  Beginning July 1, 2022, all qualified courts (i) seeking to establish a mental health treatment court, or (ii) continue operating an existing mental health treatment court, must submit a mental health treatment court certification application to the Administrative Office of Courts prior to 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 by December 31 of the calendar year in which the application was received.  The mental health treatment court's certification will expire on December 31 as detailed in paragraphs (d) and (e) of this subsection.

(d)  All certified mental health treatment courts in existence on December 31, 2022, must submit a recertification petition to the Administrative Office of Courts by July 1 of every calendar year.  The recertification process must be completed by December 31 of every calendar year.

(e)  A certified mental health treatment court in existence on December 31, 2024, must submit a recertification petition to the Administrative Office of Courts by July 1, 2025, and July 1 of every third calendar year thereafter.  The recertification process must be completed by December 31 of every third calendar year.

     ( * * *42) * * *  (a) Each month, the mental health courts must collect and * * * submit to the Administrative Office of Courts each month, record the * * * following required data * * *:

   (i)  Total number of participants at the beginning of the month;

   (ii)  Total number of participants at the end of the month;

   (iii)  Total number of participants who began the program in the month;

   (iv)  Total number of participants who successfully completed the program in the month;

   (v)  Total number of participants who left the program in the month;

   (vi)  Total number of participants who were arrested for a new criminal offense while in the program in the month;

   (vii)  Total number of participants who were convicted for a new criminal arrest while in the program in the month; and

   (viii)  Total number of participants who committed at least one (1) violation while in the program and any resulting sanction(s).

  (b)  By August 1, 2018, and each year thereafter, the Administrative Office of Courts shall report to the PEER Committee the information in subsection (4)(a) of this section in a sortable, electronic format. into the official intervention court case management system adopted by the Administrative Office of Courts as well as any other data or information as required by the Administrative Office of Courts.

     ( * * *53)  A mental health * * * courts treatment court judge may individually establish rules and may make special orders and rules as necessary that do not conflict with rules promulgated by the Supreme Court or the Administrative Office of Courts.

     ( * * *64)  A mental health treatment court judge may appoint the full- or part-time employees it deems necessary for the work of the mental health treatment court and shall fix the compensation of those employees, pursuant to the salary ranges promulgated by the Administrative Office of Courts, who shall serve at the will and pleasure of the * * * senior circuit mental health treatment court judge.

     (5)  The Administrative Office of Courts shall promulgate rules and regulations to carry out the certification and re-certification process and make any other policies not inconsistent with this section to carry out this process.

     ( * * *76) * * *  A All mental health * * * court established under this chapter is treatment courts 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 * * * 9‑27‑13 9-27-16.

     SECTION 5.  Section 9-27-9, Mississippi Code of 1972, is amended as follows:

     9-27-9.  (1)  A mental health treatment court's * * * mental health intervention treatment component shall provide for eligible individuals, either directly or through referrals, a range of necessary * * * court treatment 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 * * * issues disorders for eligibility and appropriate services;

          (b)  Clinical assessment;

          (c)  Education;

          (d)  Referral;

          (e)  Community service coordination and * * * case management support; and

          (f)  Counseling and rehabilitative care.

     (2)  Any inpatient treatment * * * ordered by the court provider utilized by the mental health treatment court shall be certified by the 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 * * * alternative sentencing through participation in a * * * local mental health treatment court, the * * * participant defendant must satisfy each of the following criteria:

          (a)  The * * * participant defendant cannot have any felony convictions for any offenses that are crimes of violence as defined in * * * Section 97‑3‑2, other than burglary under Section 97‑17‑23(1), 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 * * * defined in Section 97‑3‑2, other than burglary under Section 97‑17‑23(1).

  (c)  Other criminal proceedings alleging commission of a crime of violence other than burglary under Section 97‑17‑23(1) cannot be pending against the participant.

  (d)  The crime before the court cannot be a charge of driving under the influence of alcohol or any other substance that resulted in the death of a person.  In addition, persons who are ineligible for nonadjudication under Section 63‑11‑30 shall be ineligible to participate in a mental health court. follows:

(i)  Driving under the influence as provided in Section 63-11-30(5)(a) and (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 Section 97-3-7(2)(a) and (b) and (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 Section 97-3-37(2)(a)(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.

          ( * * *ec)  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.

(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 same.

(3)  Any person meeting the eligibility criteria in subsections (1) and (2) of this section, shall, upon referral, be screened for admission into the mental health treatment court.

     ( * * *24)  Participation in the services of a mental health treatment * * * component court shall be open * * * only to * * * the individuals over whom the court has jurisdiction * * *, except that.  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 * * * sentencing original intervention or treatment court judge.

 * * * (3)  (a)  As a condition of participation in a mental health court, a participant may be required to undergo a chemical test or a series of chemical 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 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 may be waived if the applicant is determined to be indigent.

  (b)  A laboratory that performs a chemical test under this section shall report the results of the test to the mental health court.

     ( * * *45)  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.  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 * * * diversion program treatment court.

     (3)  The costs of * * * participation in a mental health treatment * * * program 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 shall also be waived if the applicant is determined to be indigent.

(b)  A laboratory that performs a chemical test under this section shall report the results of the test to the mental health treatment court.

     ( * * *45)  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 * * *; however,.  Additionally, all fees may be waived by the court if the * * * applicant participant is determined to be indigent.

     SECTION 8.  The following shall be codified as Section 9-27-16, Mississippi Code of 1972:

9-27-16.  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, subject to available funding, 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 9.  Section 9-27-17, Mississippi Code of 1972, is amended as follows:

     9-27-17.  The * * * director 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 * * * upon him by the order placing the participant in the mental health treatment court, the charge and prosecution shall be dismissed.  If the * * * defendant or 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 participant's petition for commitment shall be dismissed.

     SECTION 11.  This act shall take effect and be in force from and after July 1, 2022.

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