MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Judiciary, Division A; Appropriations
By: Senator(s) Branning, Jackson (32nd)
AN ACT TO AUTHORIZE PILOT MENTAL HEALTH DIVERSION PROGRAMS; TO SPECIFY THE PURPOSE AND GOALS OF MENTAL HEALTH DIVERSION PROGRAMS; TO PROVIDE CERTAIN DEFINITIONS; TO ESTABLISH THE ADVISORY COMMITTEE; TO SPECIFY MINIMUM STANDARDS FOR MENTAL HEALTH; TO PROVIDE CERTAIN MENTAL HEALTH INTERVENTION SERVICES; TO SET FORTH ALTERNATIVE SENTENCING ELIGIBILITY CRITERIA AND CONDITIONS; TO DESIGNATE THE POWERS OF THE ADMINISTRATIVE OFFICE OF COURTS REGARDING MENTAL HEALTH DIVERSION PROGRAMS; TO AUTHORIZE MENTAL HEALTH DIVERSION PROGRAMS TO RECEIVE FUNDS AND ASSESS REASONABLE FEES; TO PROVIDE IMMUNITY TO PERSONS WHO PERFORM THEIR MENTAL HEALTH DUTIES IN GOOD FAITH; TO PROVIDE THAT PERSONS WHO COMPLETE ALL REQUIREMENTS IMPOSED BY THE MENTAL HEALTH DIVERSION PROGRAMS WILL HAVE THE RECORD EXPUNGED; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This chapter shall be known and may be cited as the Mississippi Mental Health Diversion Program Act.
SECTION 2. (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, while maintaining public safety and the integrity of the court process. It is the intent of the Legislature to facilitate local mental health diversion program alternatives that are adaptable to chancery, circuit, county, youth, municipal and justice courts.
(2) The goals of the mental health diversion programs 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 system;
(d) Improve linkages between the criminal justice system and the mental health system;
(e) Expedite case processing;
(f) Protect public safety;
(g) Establish linkages with other 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 prison-bound offenders whose criminal conduct is driven in part by mental illnesses to intensive supervision and clinical treatment available in the mental health diversion program.
SECTION 3. 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.
(b) "Crime of violence" means an offense listed in Section 97-3-2, other than burglary under Section 97-17-23(b).
(c) "Mental health diversion program" 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.
(d) "Evidence-based practices" means supervision policies, procedures and practices that scientific research demonstrates reduce recidivism.
(e) "Risk and needs assessment" means the use of an actuarial assessment tool validated on a Mississippi corrections population to determine a person's risk to reoffend and the characteristics that, if addressed, reduce the risk to reoffend.
SECTION 4. (1) The State Mental Health Diversion Program Advisory Committee is established to develop and periodically update proposed statewide evaluation plans and models for monitoring all critical aspects of mental health diversion programs. The committee shall provide the proposed evaluation plans to the Chief Justice and the Administrative Office of Courts. The committee shall be chaired by the Director of the Administrative Office of Courts or a designee and shall consist of not less than seven (7) members nor more than eleven (11) members appointed by the Supreme Court and shall be broadly representative of the courts, mental health treatment communities, law enforcement, corrections, juvenile justice and child protective services.
(2) The State Mental Health Diversion Program Advisory Committee may also make recommendations to the Chief Justice, the Director of the Administrative Office of Courts and state officials concerning improvements to mental health diversion program policies and procedures including the mental health certification process. The committee may make suggestions as to the criteria for eligibility and other procedural and substantive guidelines for mental health diversion program operation.
(3) The State Mental Health Diversion Program Advisory Committee shall act as arbiter of disputes arising out of the operation of mental health diversion programs established under this chapter and make recommendations to improve the mental health diversion program. The committee shall also make recommendations to the Supreme Court necessary and incident to compliance with established rules.
(4) The State Mental Health Diversion Program Advisory Committee shall establish through rules and regulations a viable and fiscally responsible plan to expand the number of adult and juvenile mental health diversion programs operating in Mississippi. These rules and regulations shall include plans to increase participation in existing and future programs while maintaining their voluntary nature.
(5) The State Mental Health Diversion Program Advisory Committee shall receive and review the monthly reports submitted to the Administrative Office of Courts by each certified mental health court and provide comments and make recommendations, as necessary, to the Chief Justice and the Director of the Administrative Office of Courts.
SECTION 5. (1) The Administrative Office of Courts is the repository for reports filed by pilot programs established under this act. The goal of the pilot programs is to support effective and proven practices that reduce recidivism and provide treatment for participants.
(2) Pilot programs must adhere to the standards established in this chapter.
(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 diversion program personnel;
(v) Ongoing judicial interaction with each participant; and
(vi) Monitoring and evaluation of mental health diversion program implementation and outcomes through data collection and reporting.
(b) Pilot programs 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 program;
(v) Total number of participants who were convicted of a new felony or misdemeanor offense while in the program;
(vi) Total number of participants who committed at least one (1) violation while in the program 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 diversion programs must measure successful completion of the program based on those participants who complete the program without a new criminal conviction.
(4) (a) Pilot programs must collect and submit to the Administrative Office of Courts each month, the following 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.
(5) Mental health diversion pilot programs 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.
(6) A mental health diversion pilot program may appoint the full or part-time employees it deems necessary for the work of the mental health diversion program and shall fix the compensation of those employees, who shall serve at the will and pleasure of the senior circuit court judge.
(7) A mental health diversion pilot program established under this chapter is subject to the regulatory powers of the Administrative Office of Courts as set forth in Section 8 of this act.
SECTION 6. (1) A mental health diversion program's mental health intervention 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 assessment tool effective for identifying persons affected by mental health issues for eligibility and appropriate services;
(b) Clinical assessment;
(c) Education;
(d) Referral;
(e) Service coordination and case management; and
(f) Counseling and rehabilitative care.
(2) Any inpatient treatment ordered by the court shall be certified by the Department of Mental Health, other appropriate state agency or the equivalent agency of another state.
SECTION 7. (1) In order to be eligible for alternative sentencing through a local mental health diversion program, the participant must satisfy each of the following criteria:
(a) The participant 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), within the previous ten (10) years.
(b) The crime before the court 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.
(e) 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) Participation in the services of a mental health treatment component 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 diversion program. In cases transferred from another jurisdiction, the receiving judge shall act as a special master and make recommendations to the sentencing judge.
(3) (a) As a condition of participation in a mental health diversion program, 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 diversion program or the laboratory; however, if testing is available from other sources or the program itself, the judge may waive any fees for testing.
(b) A laboratory that performs a chemical test under this section shall report the results of the test to the mental health diversion program.
(4) A person does not have a right to participate in a mental health diversion program under this chapter. The court having jurisdiction over a person for a matter before the court shall have the final determination about whether the person may participate in the mental health diversion program under this chapter.
SECTION 8. With regard to any mental health diversion program established under this chapter, the Administrative Office of Courts shall do the following:
(a) Make or approve 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.
(b) Directly, or by contract, approve and certify any treatment component established under this chapter.
(c) Collect monthly data reports submitted by all mental health diversion programs, provide those reports to the State Mental Health Diversion Program Advisory Committee, compile an annual report summarizing the data collected and the outcomes achieved by all mental health diversion pilot programs and submit the annual report to the PEER Committee.
(d) After three (3) years, contract with an external evaluator to conduct an evaluation of the effectiveness of the mental health diversion programs in complying with the key components of the mental health diversion programs.
(e) Adopt rules to implement this chapter.
SECTION 9. (1) All monies received from any source by a mental health diversion program shall be accumulated in a local fund to be used only for mental health diversion program purposes. Any funds remaining in this fund at the end of a fiscal year shall not lapse into any general fund, but shall be retained in the mental health diversion program fund for the funding of further activities by the mental health diversion program.
(2) A mental health diversion program 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.
(3) The costs of participation in a mental health treatment program required by the mental health diversion program 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) The court may assess such reasonable and appropriate fees to be paid to the local mental health diversion program fund for participation in a mental health treatment program.
SECTION 10. The director and members of the professional and administrative staff of the mental health diversion program 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 diversion program.
SECTION 11. If the participant completes all requirements imposed upon him by the mental health diversion program, including the payment of fines and fees assessed, 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 diversion program order and other requirements of probation or suspension of sentence will result in the record of the criminal conviction or adjudication being expunged.
SECTION 12. The Second and Eighth Circuit Court Districts may establish a mental health diversion pilot program. The purpose of a pilot program is to implement procedures to meet the goals listed in Section 2 of this act on a trial basis and is conditioned upon the availability of funds obtained for that purpose from public or private sources. Any drug court in the Second or Eighth Circuit Court District shall render such assistance as is authorized by the senior circuit judge.
SECTION 13. This act shall be codified as a new chapter in Title 9, Mississippi Code of 1972.
SECTION 14. This act shall take effect and be in force from and after its passage, and shall stand repealed from and after June 30, 2021.