The following are documents that may be helpful to individuals in the community to learn about Forensic Mental Evaluations, the laws that govern the procedures, and who is certified to perform an evaluation.
Mississippi Rules of Criminal Procedure Rule 12 outlines the requirements of Forensic Services in Mississippi. It requires we publish a list of certified evaluators, the documents required to perform an evaluation, and explains that counties will pay for mental evaluations.
Mississippi's Forensic Mental Health Act of 2019 ensures constitutional protections for individuals with mental health concerns involved with the criminal justice system.
The psychologists and psychiatrists certified to complete evaluations in Mississippi are listed at the above link.
Patient Information Form (PIF)
The Patient Information form is a required document for an evaluation to be completed. The form requires information about the behaviors or issues that have arisen that cause concern regarding competence to stand trial or mental state at the time of the offense.
The Attorney Attestation form is a certification from the defense attorney that all relevant documents have been provided to Forensic Services related to a client. In lieu of the Attorney Attestation Form, an email stating that all available records have been sent will suffice.
Order for Initial Competency Evaluation (except for Capital Murder)
This order should be used if a defendant has not yet been evaluated for competency on his/her current charges. An order for a sanity evaluation (M'Naghten Order) may also be included in this order, if indicated.
Order for Supplemental Sanity Evaluation (except for Capital Murder)
The order should be used if a defendant has been previously order of competency evaluation and/or treatment has been ordered, and the court desires an additional sanity evaluation (M'Naghten standard).
Order Template for Defendants Charged with Capital Murder
This form order is required for evaluations of defendants facing Capital Murder charges.
Order for Competency Restoration Admission
This order should be used if a defendant has been evaluated by a licensed psychologist or psychiatrist, a competency report has been submitted to the court, and the court has determined that a defendant is not competent to proceed legally and is in need of inpatient competency restoration treatment. An order for a sanity evaluation (M'Naghten Order) may also be included in this order, if indicated.
Competence Restoration Treatment and Sanity Evaluation Admission Order Template
This order of commitment for treatment, sanity evaluation, and continuing mental evaluation is required when a court deems the defendant incompetent to stand trial and requires commitment for competency restoration and sanity evaluation.
Order for Unrestorable Inpatient Commitment
This order should be used if a defendant has been evaluated for competency by a licensed psychologist or psychiatrist and determined to be both not competent to proceed legally AND not restorable to competency within the foreseeable future. Usually, these defendants have been previously treated for some period of time at MS State Hospital Forensic Services Unit.
Outpatient Commitment Order for Unrestorable Defendants
This outpatient commitment order may be used by Circuit Courts for defendants who, after receiving inpatient competence restoration treatment at Mississippi State Hospital (MSH) Forensic Services, are deemed presently incompetent to stand trial, are not restorable to competency in the foreseeable future, and can be treated in a less restrictive environment.
Commitment Order for NGRI Acquittee
This order of commitment can be used by Circuit Courts for defendants who have been found not guilty by reason of insanity.