Senate Bill 2332

AN ACT TO AMEND SECTION 41-21-109, MISSISSIPPI CODE OF 1972, TO REQUIRE ADOLESCENT RESIDENTIAL TREATMENT FACILITIES TO BE CERTIFIED BY THE STATE DEPARTMENT OF MENTAL HEALTH TO OPERATE; TO AUTHORIZE THE DEPARTMENT TO REFUSE TO CERTIFY ADOLESCENT RESIDENTIAL TREATMENT FACILITIES; TO AUTHORIZE THE DEPARTMENT TO REVOKE OR SUSPEND THE CERTIFICATION OF THE ADOLESCENT RESIDENTIAL TREATMENT FACILITIES; TO PROVIDE THAT THE DEPARTMENT MAY PROMULGATE RULES AND REGULATIONS TO ENFORCE THE PROVISIONS OF THE ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 41-21-109, Mississippi Code of 1972, is amended as follows:

41-21-109. (1) The purpose of this section is to provide modern and efficient rehabilitation facilities for adolescents with mental illness or with an intellectual disability who have been committed for treatment by a court of competent jurisdiction under Section 41-21-61 et seq.

(2) The Department of Finance and Administration, acting through the Bureau of Building, Grounds and Real Property Management, using funds from bonds, monies appropriated by the Legislature for those purposes, federal matching or other federal funds, federal grants or other available funds from whatever source, shall provide for by construction, lease, lease-purchase or otherwise and equip the following juvenile rehabilitation facilities under the jurisdiction and responsibility of the Mississippi Department of Mental Health: Construction and equipping of two (2) separate facilities each of which could serve up to fifty (50) adolescents, and each of which will be located at sites approved by the Department of Mental Health that would be specifically designed to serve adolescents who meet commitment criteria as defined by Section 41-21-61. One (1) fifty-bed facility shall house adolescent offenders with mental illness, and the other facility shall house adolescent offenders with an intellectual disability. Priority admission to these facilities shall be those adolescents who have some involvement in the judicial system. These facilities shall be self-contained and offer a secure but therapeutic environment allowing persons to be habilitated apart from persons who are more vulnerable and who have disabilities that are more disabling. The number of persons admitted to these facilities shall not exceed the number of beds authorized under this section or the number of beds licensed or authorized by the licensure and certification agency, whichever is less.

Those facilities shall be on property owned by the Department of Mental Health, or its successor, at one or more sites selected by the Department of Mental Health on land that is either donated to the state or purchased by the state specifically for the location of those facilities.

(3) The facility located in Harrison County shall be known as the Specialized Treatment Facility for the Emotionally Disturbed, and the facility located in Brookhaven shall be known as the Mississippi Adolescent Center.

(4) All adolescent residential treatment facilities in the state shall be certified by the Mississippi Department of Mental Health to operate.

(5) The Mississippi Department of Mental Health may:

(a) Refuse to certify an adolescent residential treatment facility;

(b) Revoke the certification of an adolescent residential treatment facility to operate; or

(6) The Mississippi Department of Mental Health shall have the authority to promulgate rules and regulations, not inconsistent with this chapter, as it may deem necessary to enforce its provisions.

SECTION 2. This act shall take effect and be in force from and after July 1, 2023.