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Forensic Mental Health Act of 2019

MISSISSIPPI LEGISLATURE                      

REGULAR SESSION 2019

By: Representative Mims

To: Judiciary B

HOUSE BILL NO. 1064

  1. AN ACT TO CREATE THE FORENSIC MENTAL HEALTH ACT OF 2019; TO
  2. ENSURE CONSTITUTIONAL PROTECTIONS FOR PEOPLE WITH MENTAL HEALTH
  3. CONCERNS WHO ARE INVOLVED WITH THE CRIMINAL JUSTICE SYSTEM; TO
  4. REQUIRE THE DEPARTMENT OF MENTAL HEALTH TO DEVELOP STANDARDS FOR
  5. CERTIFICATION OF PROVIDERS AUTHORIZED TO PERFORM MENTAL
  6. EXAMINATIONS FOR CRIMINAL DEFENDANTS AND TO PROVIDE TRAINING TO
  7. THE PROVIDERS; TO AMEND SECTION 99-13-11, MISSISSIPPI CODE OF
  8. 1972, TO CLARIFY THE MENTAL EXAMINATION OF PERSONS CHARGED WITH A
  9. FELONY; TO AMEND SECTION 41-21-63, MISSISSIPPI CODE OF 1972, TO
  10. CLARIFY THE JURISDICTION OVER A PERSON WITH UNRESOLVED VIOLENT
  11. FELONY CHARGES WHOSE MENTAL COMPETENCY IS IN QUESTION; TO AMEND
  12. SECTION 41-21-65, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR
  13. RELATED PURPOSES.
  14. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
  15. SECTION 1. The Department of Mental Health shall develop
  16. standards for the training of psychiatrists and psychologists to
  17. perform mental examinations ordered under Section 99-13-11 and
  18. Rule 12 of the Rules of Criminal Procedure. The department shall
  19. provide training on the standards and maintain and publish a list
  20. of psychiatrists and psychologists who have completed training to
  21. perform such evaluations.
  22. SECTION 2. Section 99-13-11, Mississippi Code of 1972, is
  23. amended as follows:

H. B. No. 1064     *HR12/R416*                        ~ OFFICIAL ~           G1/2 19/HR12/R416

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  1. 99-13-11. In any criminal action * * * in which the
  2. mental * * * competency of a person * * * charged with a felony is
  3. in question, the circuit or county court or judge in vacation on
  4. motion duly made by the defendant * * * or the district attorney,
  5. or on the motion of the court or judge, may order such person to
  6. submit to a mental examination by a competent psychiatrist or
  7. psychologist selected by the court to determine his ability to
  8. make a defense; * * * any cost or expense in connection with such
  9. mental examination shall be paid by the county in which such
  10. criminal action is pending.
  11. SECTION 3. Section 41-21-63, Mississippi Code of 1972, is
  12. amended as follows:
  13. 41-21-63. (1) No person, other than persons charged with
  14. crime, shall be committed to a public treatment facility except
  15. under the provisions of Sections 41-21-61 through 41-21-107 or
  16. 43-21-611 or 43-21-315. However, nothing herein shall be
  17. construed to repeal, alter or otherwise affect the provisions of
  18. Section 35-5-31 or to affect or prevent the commitment of persons
  19. to the Veterans Administration or other agency of the United
  20. States under the provisions of and in the manner specified in
  21. those sections.
  22. (2) The chancery court, or the chancellor in vacation, shall
  23. have jurisdiction under Sections 41-21-61 through 41-21-107 except
  24. over persons with unresolved felony charges * * *. If a circuit
  25. court with jurisdiction over unresolved felony charges enters an
  26. order concluding that the person is incompetent to stand trial and
  27. is not restorable to competency in the foreseeable future, the
  28. matter should be referred to the chancery court to undergo civil
  29. commitment procedures under Sections 41-21-61 through 41-21-107.
  30. The chancery court shall have jurisdiction and shall proceed with
  31. civil commitment procedures under Sections 41-21-61 through
  32. 41-21-107. Such an order of the circuit court shall be in lieu of
  33. the affidavit for commitment provided for in Section 41-21-65.
  34. (3) The circuit court shall have jurisdiction under Sections

58  99-13-7, 99-13-9 and 99-13-11.

  1. (4) A person committed under Sections 41-21-61 through
  2. 41-21-107 after referral under subsection (2) of this section
  3. shall not be discharged until the sheriff and the district
  4. attorney of the county where the offense was committed, the
  5. sheriff of the committed person's destination, and the crime
  6. victim or a family member have been notified.
  7. SECTION 4. Section 41-21-65, Mississippi Code of 1972, is
  8. amended as follows:
  9. 41-21-65. (1) It is the intention of the Legislature that
  10. the filing of an affidavit under this section be a simple,
  11. inexpensive, uniform, and streamlined process for the purpose of
  12. facilitating and expediting the care of individuals in need of
  13. treatment.
  14. (2) If any person is alleged to be in need of treatment, any
  15. relative of the person, or any interested person, may make
  16. affidavit of that fact and shall file the affidavit with the clerk
  17. of the chancery court of the county in which the person alleged to
  18. be in need of treatment resides; provided, however, that a
  19. chancellor or duly appointed special master may, in his or her
  20. discretion, hear the matter in the county in which the person may
  21. be found. The chancellor is authorized to immediately transfer
  22. the cause of a person alleged to be in need of treatment from the
  23. county where the person was found to the person's county of
  24. residence. The affidavit shall set forth the name and address of
  25. the proposed patient's nearest relatives and whether the proposed
  26. patient resides or has visitation rights with any minor children,
  27. if known, and the reasons for the affidavit. The affidavit must
  28. contain factual descriptions of the proposed patient's recent
  29. behavior, including a description of the behavior, where it
  30. occurred, and over what period of time it occurred, if known.
  31. Each factual allegation may be supported by observations of
  32. witnesses named in the affidavit. Because of the emergency nature
  33. of those affidavits, at the affiant's request the chancery clerk
  34. shall provide the affiant with the one-page affidavit form
  35. developed by the Department of Mental Health, which the affiant
  36. may complete and file without the need for consulting or retaining
  37. an attorney. The Department of Mental Health, in consultation
  38. with the Mississippi Chancery Clerks' Association, shall develop a
  39. simple, one-page affidavit form for the use of affiants as
  40. provided in this subsection, which shall be used in all counties
  41. in the state. No chancery clerk shall require an affiant to
  42. retain an attorney for the filing of an affidavit under this
  43. section.
  44. (3) The chancery clerk may charge the affiant a total fee
  45. for all services equal to the amount set out in Section 25-7-9(o),
  46. and the appropriate state and county assessments as required by
  47. law.
  48. (4) The prohibition against charging the affiant other fees,
  49. expenses, or costs shall not preclude the imposition of monetary
  50. criminal penalties under Section 41-21-107 or any other criminal
  51. statute, or the imposition by the chancellor of monetary penalties
  52. for contempt if the affiant is found to have filed an
  53. intentionally false affidavit or filed the affidavit in bad faith
  54. for a malicious purpose.
  55. (5) Nothing in this section shall be construed so as to
  56. conflict with Section 41-21-63.
  57. SECTION 5. This act shall take effect and be in force from
  58. and after its passage.