MISSISSIPPI LEGISLATURE

2017 Regular Session

To: Judiciary, Division A

By: Senator(s) Hopson, Tindell

Senate Bill 2644

AN ACT TO AMEND SECTION 41-21-63, MISSISSIPPI CODE OF 1972, TO DELETE THE PROHIBITION THAT A CHANCELLOR MAY NOT COMMIT A PERSON WHO HAS UNRESOLVED FELONY CHARGES PENDING; TO AMEND SECTION 99-13-9, MISSISSIPPI CODE OF 1972, TO ALLOW THE CIRCUIT OR COUNTY COURT TO REMAND THE ACCUSED TO CHANCERY COURT FOR THE INSTITUTION OF COMMITMENT PROCEEDINGS IF THE ACCUSED IS INELIGIBLE FOR TRIAL DUE TO AN INTELLECTUAL OR DEVELOPMENTAL DISABILITY; AND FOR RELATED PURPOSES.

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

     SECTION 1.  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 including over persons with unresolved felony charges pending.

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

     SECTION 2.  Section 99-13-9, Mississippi Code of 1972, is amended as follows:

     99-13-9.  When any person is indicted for * * *an a violent offense and * * *acquitted the court finds that the accused is intellectually and developmentally disabled, rendering the accused permanently incompetent on the ground of having an intellectual disability, the * * *jury rendering the verdict shall state in the verdict that ground and court shall determine whether the accused constitutes a danger to life or property and to the peace and safety of the community. If the * * *jury certifies court finds that the person with an intellectual disability is dangerous to the peace and safety of the community or to himself, the court shall immediately * * *give notice of the case to the chancellor or the clerk of remand the case to the chancery court, whose duty it shall be to proceed with the person according to the law provided in the case of persons with an intellectual disability, the person with an intellectual disability himself being remanded to custody to await the action of the chancery court.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2017.

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