Senate Bill 2744

AN ACT TO AMEND SECTION 41-4-7, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE STATE DEPARTMENT OF MENTAL HEALTH SHALL PROMULGATE A RATING SCALE WITH PERFORMANCE INDICATORS FOR COMMUNITY MENTAL HEALTH AUTHORITIES; TO REQUIRE THE DEPARTMENT TO PERFORM A PERFORMANCE REVIEW AUDIT AT LEAST ONCE EVERY TWO YEARS; TO PROVIDE THAT THE DEPARTMENT MAY PLACE REGIONAL COMMISSIONS OR COMMUNITY MENTAL HEALTH CENTERS ON PROBATIONARY STATUS; TO PROVIDE THAT IF THE COMMUNITY MENTAL HEALTH CENTER DOES NOT ACHIEVE A PASSING SCORE ON THE PERFORMANCE AUDIT AFTER THE PROBATIONARY PERIOD, THE REGIONAL COMMISSION SHALL REPLACE THE COMMUNITY MENTAL HEALTH CENTER'S EXECUTIVE DIRECTOR AND ANY OTHER OFFICERS IDENTIFIED BY THE DEPARTMENT WITH CONTRACTORS; TO PROVIDE THAT THE CONTRACTOR SHALL REMAIN IN PLACE UNTIL THE DEPARTMENT DETERMINES THAT THE COMMUNITY MENTAL HEALTH CENTER HAS ATTAINED SUSTAINED COMPLIANCE WITH THE PERFORMANCE STANDARD; TO PROVIDE THAT NO RULES, REGULATIONS, OPERATIONAL STANDARDS, PERFORMANCE STANDARDS, OR OTHER STANDARDS PROMULGATED BY THE STATE BOARD OF MENTAL HEALTH OR THE STATE DEPARTMENT OF MENTAL HEALTH SHALL BE CONSTRUED TO CREATE A CAUSE OF ACTION; TO AMEND SECTION 41-19-33, MISSISSIPPI CODE OF 1972, TO SET CERTAIN REQUIREMENTS OF REGIONAL COMMISSIONS ESTABLISHING COMMUNITY MENTAL HEALTH CENTERS; TO REQUIRE COMMUNITY MENTAL HEALTH CENTERS TO PROVIDE A REPORT TO THE BOARD OF SUPERVISORS OF EACH COUNTY IN ITS REGION; TO REQUIRE COMMUNITY MENTAL HEALTH CENTERS TO PROVIDE CERTAIN MENTAL HEALTH SERVICES; TO ESTABLISH PROCEDURES RELATED TO PRE-AFFIDAVIT SCREENINGS FOR CIVIL COMMITMENTS; TO SET CERTAIN REPORTING REQUIREMENTS OF COMMUNITY MENTAL HEALTH CENTERS TO THE DEPARTMENT OF MENTAL HEALTH, INCLUDING SALARY DATA AND CASH BALANCES; TO PROVIDE THAT THE DEPARTMENT MAY DIRECT CONTROL OF THE COMMUNITY MENTAL HEALTH CENTER'S EXCESS CASH BALANCE IN CERTAIN CIRCUMSTANCES WHERE THE AUTHORITY IS NOT IN COMPLIANCE; TO AMEND SECTION 41-19-35, MISSISSIPPI CODE OF 1972, TO AUTHORIZE MENTAL HEALTH REGIONAL COMMISSIONS TO BE ESTABLISHED WITH A SET COMPOSITION OF MEMBERS IF EACH BOARD OF SUPERVISORS OF THE COUNTIES PARTICIPATING IN A PARTICULAR REGIONAL COMMISSION AGREES TO SUCH COMPOSITION AS EVIDENCED BY RESOLUTIONS ADOPTED BY EACH BOARD; TO AMEND SECTION 41-21-65, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT AN INTERESTED PERSON SHALL BE DIRECTED TO THE COMMUNITY MENTAL HEALTH CENTER FOR A PRE-AFFIDAVIT SCREENING PRIOR TO FILING AN AFFIDAVIT FOR COMMITMENT OF AN INDIVIDUAL; TO REQUIRE AN AFFIDAVIT FOR COMMITMENT OF AN INDIVIDUAL TO STATE THAT LESS RESTRICTIVE ALTERNATIVE TREATMENT WAS CONSIDERED AND SPECIFY WHY TREATMENT LESS RESTRICTIVE THAN INVOLUNTARY COMMITMENT IS NOT APPROPRIATE; TO AMEND SECTION 41-21-67, MISSISSIPPI CODE OF 1972, TO ESTABLISH A REQUIRED PRE-AFFIDAVIT SCREENING TO BE CONDUCTED BY THE COMMUNITY MENTAL HEALTH CENTER IN THE COUNTY OF FINANCIAL RESPONSIBILITY; TO REQUIRE THE INVESTIGATION TO INCLUDE CERTAIN COMPONENTS; TO PROVIDE THAT THE SCREENING TEAM SHALL HAVE ACCESS TO ALL RELEVANT MEDICAL RECORDS OF THE PROPOSED PATIENT; TO REQUIRE THE PRE-AFFIDAVIT SCREENER TO PROVIDE WRITTEN NOTICE TO CERTAIN ENTITIES; TO AUTHORIZE AN INTERESTED PERSON TO MAKE DIRECT PETITION TO A CHANCELLOR WHERE THE PRE-AFFIDAVIT SCREENER DOES NOT RECOMMEND COMMITMENT; TO PROVIDE THAT A JAIL OR OTHER DETENTION CENTER MAY NOT BE USED FOR CUSTODY UNLESS CERTAIN CONDITIONS ARE MET; TO PROHIBIT LAW ENFORCEMENT OR ANY OTHER PERSON FROM BRINGING CRIMINAL CHARGES AGAINST A PERSON WHO IS MENTALLY ILL AND IN NEED OF TREATMENT PURSUANT TO THIS CHAPTER SOLELY OR PRIMARILY BECAUSE THE PERSON IS MENTALLY ILL OR BECAUSE OF THE UNAVAILABILITY OF A STATE HOSPITAL BED; TO AMEND SECTION 41-21-73, MISSISSIPPI CODE OF 1972, TO LIMIT COMMITMENT IN A STATE-OPERATED FACILITY; TO PROVIDE THAT IF A PERSON IS RECEIVING TREATMENT FOR A MENTAL ILLNESS OR AN INTELLECTUAL DISABILITY IN A TREATMENT FACILITY AT THE TIME OF THE HEARING, THE PERSON MAY NOT BE COMMITTED TO A STATE-OPERATED FACILITY UNLESS CERTAIN FACTS ARE ESTABLISHED BY CLEAR AND CONVINCING EVIDENCE; TO PROHIBIT A PERSON WHO HAS BEEN JUDICIALLY COMMITTED UNDER THIS SECTION FROM BEING HELD IN A JAIL OR OTHER DETENTION FACILITY WHILE AWAITING ADMISSION TO A STATE-OPERATED FACILITY; TO PROVIDE THAT THE COUNTY OF RESIDENCE OF ANY SUCH PERSON SHALL PAY THE COST OF INTERIM TREATMENT; TO AMEND SECTION 41-21-68, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THE ACT; TO AMEND SECTION 41-21-77, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A JAIL OR DETENTION CENTER MAY NOT BE USED FOR PERSONS WHO ARE AWAITING ADMISSION UNLESS THE COMMUNITY MENTAL HEALTH CENTER HAS EXHAUSTED THE AVAILABILITY OF OTHER APPROPRIATE FACILITIES, THE CHANCELLOR SPECIFICALLY AUTHORIZES IT, AND THE RESPONDENT IS ACTIVELY VIOLENT; TO AMEND SECTION 27-104-7, MISSISSIPPI CODE OF 1972, TO SECTION 41-21-68, MISSISSIPPI CODE OF 1972, WHICH ALLOWS REGIONAL MENTAL HEALTH COMMISSIONS TO ESTABLISH REGIONAL HOLDING FACILITIES FOR THOSE HELD BY CIVIL COMMITMENT; TO AMEND SECTION 27-104-7, MISSISSIPPI CODE OF 1972, TO EXEMPT FROM THE PUBLIC PROCUREMENT REVIEW BOARD ANY PERSONAL OR PROFESSIONAL SERVICES CONTRACT ENTERED INTO BY THE MISSISSIPPI DEPARTMENT OF MENTAL HEALTH IN CONTRACTING FOR STAFF OF COMMUNITY MENTAL HEALTH CENTERS THAT IT IS REPLACING IN ACCORDANCE WITH THIS ACT; TO REQUIRE PEER AND THE DEPARTMENT OF MENTAL HEALTH TO REPORT CERTAIN INFORMATION TO THE LEGISLATURE EACH YEAR; AND FOR RELATED PURPOSES.

In the Senate

• Nicole Boyd

  Sponsor

• Senate floor amendmentAdopted

  Adopted Mar 12

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

In the Senate Feb 19 – Mar 12

1. Feb 19Referred to the Senate committee on Judiciary, Division A
2. Mar 5Reported from committee in the Senate: title sufficient, do pass as a committee substitute
3. Mar 12Committee substitute adopted in the Senate
4. Amended in the Senate
5. Passed the Senate as amended

In the House of Representatives Mar 15 – Apr 2

1. Mar 15Sent to the House
2. Mar 18Referred to the House committee on Public Health and Human Services
3. Apr 2Died in committee in the House