House Bill 804

AN ACT TO REQUIRE THE MISSISSIPPI STATE HOSPITAL AT WHITFIELD TO PUBLISH A LIST OF PSYCHIATRISTS AND PSYCHOLOGISTS APPROVED TO PERFORM MENTAL EXAMINATIONS REQUIRED TO DETERMINE WHETHER A CRIMINAL DEFENDANT IS COMPETENT TO STAND TRIAL; TO AUTHORIZE EACH MISSISSIPPI STATE HOSPITAL TO ENTER INTO CONTRACTS WITH PSYCHIATRISTS AND PSYCHOLOGISTS FOR PURPOSES OF PERFORMING INITIAL MENTAL EXAMINATIONS ON CRIMINAL DEFENDANTS; TO PROVIDE THAT THE SERVICES OF THE CONTRACT SHALL INCLUDE ANY MENTAL EXAMINATIONS PERFORMED BY THE PSYCHIATRIST OR PSYCHOLOGIST, THE REQUIRED REPORT OF THE PSYCHIATRIST OR PSYCHOLOGIST AND THE TESTIMONY OF THE PSYCHIATRIST OR PSYCHOLOGIST; TO AMEND SECTION 99-13-11, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT, IN EACH CASE IN WHICH A MENTAL EXAMINATION IS ORDERED TO DETERMINE COMPETENCY OF A DEFENDANT, BOTH OPTIONS OF EITHER A PSYCHIATRIST OR PSYCHOLOGIST BE OFFERED; TO REQUIRE THAT EACH INITIAL MENTAL EXAMINATION THAT IS PERFORMED BY A PSYCHIATRIST OR PSYCHOLOGIST WHO HAS CONTRACTED WITH A MISSISSIPPI STATE HOSPITAL FOR THE PURPOSES OF DETERMINING COMPETENCY BE CONDUCTED IN THE JAIL OR FACILITY IN WHICH HE OR SHE IS BEING HELD; TO REQUIRE THE COURT TO ORDER CONFINEMENT TO A STATE PSYCHIATRIC HOSPITAL OR INSTITUTION FOR ANY PERSON DETERMINED TO BE INCOMPETENT TO STAND TRIAL; TO AUTHORIZE ANY PERSON CONFINE FOR INCOMPETENCY TO CHALLENGE THE DETERMINATION; TO PROVIDE THAT ANY INDIGENT PERSON SHALL HAVE COUNSEL APPOINTED; TO AMEND SECTION 41-4-7, MISSISSIPPI CODE OF 1972, TO REVISE THE DUTIES OF THE DEPARTMENT OF MENTAL HEALTH BY REQUIRING A LIST OF CERTAIN COUNTY FACILITIES BE PROVIDED TO THE ADMINISTRATIVE OFFICE OF COURTS TO BE PROVIDED TO JUDGES IN THE STATE; TO AMEND SECTION 41-21-77, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT PERSONS WHO HAVE BEEN ORDERED COMMITTED AND HAVE AWAITED ADMISSION IN A COUNTY FACILITY FOR A PERIOD OF MORE THAN THIRTY DAYS, INCLUDING WEEKENDS, SHALL BE GIVEN TREATMENT IN THE COUNTY FACILITY BY A LICENSED PHYSICIAN OR SHALL BE DELIVERED TO A STATE TREATMENT FACILITY THAT IS CERTIFIED BY THE STATE DEPARTMENT OF MENTAL HEALTH; TO AUTHORIZE THE JUDGE WHO ORDERED THE INITIAL COMMITMENT TO THE COUNTY FACILITY TO RETAIN JURISDICTION UNTIL THE PERSON HAS BEEN RESTORED TO COMPETENCY OR DETERMINED INCOMPETENT; TO AMEND SECTION 41-21-63, MISSISSIPPI CODE OF 1972, EXPAND THE JURISDICTION OF THE CIRCUIT COURT IN RELATION TO PERSONS COMPETENCY TO STAND TRIAL; TO BRING FORWARD SECTIONS 35-5-31, 41-17-1, 41-21-83 AND 41-21-61, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR DEFINITIONS AND PROVISION REGARDING MENTAL EXAMINATIONS, FOR PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES.

In the House of Representatives

• Mark Baker

  Sponsor

l9n doesn't hold this bill's text yet.

In the House of Representatives Jan 13 – Feb 9

1. Jan 13Referred to the House committee on Judiciary A
2. Jan 31Reported from committee in the House: title sufficient, do pass as a committee substitute
3. Feb 9Died on the calendar in the House