SB 2328 — Forensic Mental Health Act of 2019; create.

          (b)  The names, addresses and telephone numbers of the appropriate agencies and departments to whom request for notice should be provided.

          (c)  The status of any post-conviction court review or appellate proceeding or any decisions arising from those proceedings shall be furnished to the victim by the Office of the Attorney General or the office of the district attorney, whichever is appropriate, within five (5) business days after the status is known.

          (d)  Upon any post-arrest release of the defendant, the sheriff or municipal jailer shall, upon request, notify the victim of the release of the defendant.  In the case of domestic violence or sexual assault, the appropriate law enforcement agency shall make a reasonable attempt to notify the victim of the defendant's post-arrest release, regardless of the victim's exercise of the right to receive this information.

          (e)  The agency having physical custody of a prisoner shall, if provided a request for notice, and as soon as practicable, give notice to the victim of the escape and, subsequently, the return of the prisoner into custody.

          (f)  Upon receiving notice from the Department of Mental Health of the release of a person who was civilly committed under Section 41-21-63 as a person with unresolved felony charges found incompetent to stand trial, the office of the prosecuting attorney must notify a victim or victim representative who has complied with Section 99-43-9.

     SECTION 6.  Section 25-31-11, Mississippi Code of 1972, is amended as follows:

     25-31-11.  (1)  It shall be the duty of the district attorney to represent the state in all matters coming before the grand juries of the counties within his district and to appear in the circuit courts and prosecute for the state in his district all criminal prosecutions and all civil cases in which the state or any county within his district may be interested;

but if two (2) or more counties are adversely interested, the district attorney shall not represent either.  Any district attorney may also institute and prosecute to final judgment or decree any case in the name of the state against any person or corporation for any violation of the Constitution or the laws of this state, in order to enforce any penalties, fines or forfeitures imposed by law in any court of his district having jurisdiction, with like effect as if the suit was instituted by the Attorney General.  Any district attorney may also institute and prosecute to final judgment or decree any case in which prosecution was deferred due to a finding that the defendant was incompetent to stand trial if the case is otherwise triable.

     (2)  The district attorney may transfer any case handled by him to a county prosecuting attorney when charges in such case no longer constitute a felony.

     (3)  The validity of any judgment or sentence shall not be affected by the division of jurisdiction under this section, and no judgment or sentence may be reversed or modified upon the basis that the case was not processed according to this section.

     (4)  A county prosecuting attorney or municipal prosecuting attorney may be designated by the district attorney to appear on behalf of the district attorney pursuant to an agreement relating to appearances in certain courts or proceedings in the county of the county prosecuting attorney or in the municipality of the municipal prosecuting attorney.  Such agreement shall be filed with the circuit court clerk of any county where such agreement shall be operative.  Such agreement shall be binding upon the district attorney and county prosecuting attorney or municipal prosecuting attorney until dissolved by either of them in writing upon five (5) days' notice.

     (5)  Where any statute of this state confers a jurisdiction, responsibility, duty, privilege or power upon a county attorney or county prosecuting attorney, either solely, jointly or alternatively with a district attorney, such county prosecuting attorney shall be responsible for the prosecution, handling, appearance, disposition or other duty conferred by such statute.  Any such provision shall not be construed to bestow such responsibility, jurisdiction or power upon the district attorney where there is no elected county prosecuting attorney, and any such matter shall be handled pursuant to Section 19-3-49, Mississippi Code of 1972.

     (6)  The district attorney or his designated assistant, or the county prosecuting attorney or his designated assistant, shall assist the Attorney General in appeals from his district to the Mississippi Supreme Court and in other post judgment proceedings, and shall appear for oral argument before the Supreme Court when directed by the Supreme Court.

     (7)  The several district attorneys shall submit reports of revenues and expenditures and shall submit budget requests as required for State General Fund agencies.  For purposes of budget control, the several offices of district attorney shall be considered General Fund agencies and the budget and accounts of the several offices, including salaries, travel expenses, office expenses and any other expenditures or revenues, shall be consolidated for all districts as far as such consolidation is practical.

     All revenue or funds allocated or expended by a district attorney, whether such funds are appropriated from state funds, or whether such funds are received from county funds, grants or otherwise, shall be reported to the Legislative Budget Office.

     (8)  A district attorney shall be authorized to assign the duties of employees regardless of the source of funding for such employees.

     SECTION 7.  Section 41-31-1, Mississippi Code of 1972, is brought forward as follows:

     41-31-1.  As used in this chapter, the following words and phrases shall have the meaning hereinafter ascribed to them, unless the context requires a different meaning, to wit:

            (a)  An "alcoholic" shall mean any person who chronically and habitually uses alcoholic beverages to the extent that he has lost the power of self-control with respect to the use of such beverages, or any person who, while chronically under the influence of alcoholic beverages, endangers public morals, health, safety or welfare.

            (b)  "Alcoholic beverage" shall mean and include alcoholic spirits, liquors, wines, beer, and every liquid or fluid, patented or not, containing alcoholic spirits, wine or beer, which is capable of being consumed by human beings and produces or results in intoxication in any form or degree.

            (c)  "Alcoholism" shall mean any condition of abnormal behavior or illness resulting directly or indirectly from the chronic and habitual use of alcoholic beverages.

            (d)  A "drug addict" shall mean any person who chronically and habitually uses any form of habit-forming drugs, such as opiates and the derivatives thereof, barbiturates, and every tablet, powder, substance, liquid or fluid, patented or not, containing habit-forming drugs if same is capable of being used by human beings and produces drug addiction in any form or degree.

            (e)  "Drug addiction" shall mean and include any condition of abnormal behavior or illness resulting directly or indirectly from the chronic and habitual use of habit-forming drugs.

            (f)  "Hospital" or "institution" shall mean either the Mississippi State Hospital, at Whitfield, Mississippi, or the East Mississippi State Hospital, at Meridian, Mississippi, and shall include the grounds thereof and the facilities used for the treatment of alcoholics and the drug addicts.

            (g)  "Medical director" shall mean the physician in charge of said Mississippi State Hospital or East Mississippi State Hospital, as the case may be.

     SECTION 8.  Section 41-31-3, Mississippi Code of 1972, is brought forward as follows:

     41-31-3.  Proceedings for detention, care and treatment of any person alleged to be an alcoholic or drug addict may be initiated or instituted by such person's husband, wife, child, mother, father, next of kin, or by any friend or relative thereof, or by the county health officer.

Such proceedings shall be instituted by the filing of a sworn petition or application in the chancery court of the county of such person's residence or of the county in which he may be found.

It shall be necessary that said petition allege that such person is an alcoholic or drug addict, as the case may be, is a resident citizen of this state, and because of his alcoholism or drug addiction is incapable of or unfit to look after and conduct his affairs, or is dangerous to himself or others, or has lost the power of self-control because of periodic, constant or frequent use of alcoholic beverages or habit-forming drugs, and that he is in need of care and treatment, and that his detention, care and treatment at an institution will improve his health.

All proceedings authorized by this chapter may be had and conducted either in termtime or in vacation of said court.

     SECTION 9.  Section 41-31-5, Mississippi Code of 1972, is brought forward as follows:

     41-31-5.  Whenever such a petition shall be filed the chancellor of said court shall, by order, fix a time upon a day certain for the hearing thereof, either in termtime or in vacation, which hearing shall be fixed not less than five (5) days nor more than twenty (20) days from the filing of said petition.  The person alleged to be an alcoholic or drug addict shall be served with a citation to appear at said hearing not less than three (3) days prior to the day fixed for said hearing, and there shall be served with such citation a true and correct copy of said petition.  At the time fixed, the chancellor shall hear evidence on said petition, with or without the presence of the alleged alcoholic or drug addict, and all persons interested shall have the right to appear and present evidence touching upon the truth and correctness of the allegations of said petition.  The said chancellor, in his discretion, may require that the alleged alcoholic or drug addict be examined by the county health officer or by such other competent physician or physicians as the chancellor may select, and may consider the results of such examination in reaching a decision in said matter.  If the alleged alcoholic or drug addict shall admit the truth and correctness of the allegations of said petition, or if the chancellor should find from the evidence that such person is an alcoholic or drug addict, and is in need of detention, care and treatment in an institution, and that the other material allegations of said petition are true, then he shall enter an order so finding, and shall order that such person be remanded and committed to and confined in the proper state institution or in the case of an alcoholic to an approved public or private treatment facility pursuant to the provisions of Chapter 30 of Title 41, Mississippi Code of 1972, for care and treatment for a period of not less than thirty (30) days nor more than ninety (90) days as the necessity of the case may, in his discretion, require.  However, when such person shall be so committed, the medical director of the said institution shall be vested with full discretion as to the treatment and discharge of such person, and may discharge and release such person at any time when the condition of such person shall so justify.

     SECTION 10.  Section 41-31-11, Mississippi Code of 1972, is brought forward as follows:

     41-31-11.  The medical director of the Mississippi State Hospital or the East Mississippi State Hospital may, subject to the regulations of the board of trustees of mental institutions, transfer alcoholics or drug addicts from one institution used for the commitment of alcoholics and drug addicts to another institution, or from one department in any institution to another as is deemed necessary for their care and treatment.

     SECTION 11.  Section 41-21-61, Mississippi Code of 1972, is brought forward as follows:

          (a) (a) "Appointed "Chancellor" examiner" means a personchancellor appointedor by the court under Section 41-21-67(2) to conduct a mentalspecial andmaster physical examination of a person alleged to be in needchancery. of treatment.

          ( * * *ab) (b)  "Chancellor""Clerk" means athe chancellorclerk orof athe specialchancery mastercourt. in chancery.

          ( * * *bc) (c)  "Clerk""Director" means the clerkchief administrative officer of thea chancerytreatment court.facility or other employee designated by him as his deputy.

          ( * * *cd) (d)  "Director""Interested person" means thean chiefadult, administrativeincluding, officerbut ofnot limited to, a treatmentpublic facilityofficial, and the legal guardian, spouse, parent, legal counsel, adult, child next of kin, or other employeeperson designated by hima asproposed hispatient. deputy.

          ( * * *de) (e)  "Interested"Person person"with mental illness" means anany adult,person including,who buthas nota limitedsubstantial to,psychiatric adisorder publicof official,thought, andmood, theperception, legalorientation, guardian,or spouse,memory parent,which legalgrossly counsel,impairs adult * * *,judgment, child,behavior, nextcapacity ofto kin,recognize reality, or otherto personreason designatedor understand, which (i) is manifested by ainstances proposedof patient.grossly disturbed behavior or faulty perceptions;

          ( * * *ef)  "Person with mental illness" means any person who has a substantial psychiatric disorder of thought, mood, perception, orientation, or memory which grossly impairs judgment, behavior, capacity to recognize reality, or to reason or understand, which (i) is manifested by instances of grossly disturbed behavior or faulty perceptions;

          ( * * *fg) (f)  "Person with an intellectual disability" means any person (i) who has been diagnosed as having substantial limitations in present functioning, manifested before age eighteen (18), characterized by significantly subaverage intellectual functioning, existing concurrently with related limitations in two (2) or more of the following applicable adaptive skill areas:  communication, self-care, home living, social skills, community use, self-direction, health and safety, functional academics, leisure and work, and (ii) whose recent conduct is a result of having an intellectual disability and poses a substantial likelihood of physical harm to himself or others in that there has been (A) a recent attempt or threat to physically harm himself or others, or (B) a failure and inability to provide necessary food, clothing, shelter, safety or medical care for himself.

          ( * * *gh) (g)  "Physician" means any person licensed by the State of Mississippi to practice medicine in any of its branches.

          ( * * *hi) (h)  "Psychologist" * * *"Psychologist," when used in Sections 41‑21‑6141-21-61 through 41‑21‑107,41-21-107, means a licensed psychologist who has been certified by the State Board of Psychological Examiners as qualified to perform examinations for the purpose of civil commitment.

          ( * * *ij) (i)  "Treatment facility" means a hospital, community mental health center, or other institution qualified to provide care and treatment for persons with mental illness, persons with an intellectual disability or chemically dependent persons.

          ( * * *jk) (j)  "Substantial likelihood of bodily harm" means that:

     SECTION 4. 12.  Section 41-21-63,41-21-65, Mississippi Code of 1972, is amendedbrought forward as follows:

     41-21-63.  (1)  No person, other than persons charged with crime, shall be committed to a public treatment facility except under the provisions of Sections 41-21-61 through 41-21-107 or 43-21-611 or 43-21-315.  However, nothing herein shall be construed to repeal, alter or otherwise affect the provisions of Section 35-5-31 or to affect or prevent the commitment of persons to the Veterans Administration or other agency of the United States under the provisions of and in the manner specified in those sections.

     (2)  (a)  The chancery court, or the chancellor in vacation, shall have jurisdiction under Sections 41-21-61 through 41-21-107 except over persons with unresolved felony charges * * * pending unless paragraph (b) of this subsection applies.

          (b)  If a circuit court with jurisdiction over unresolved felony charges enters an order concluding that the person is incompetent to stand trial and is not restorable to competency in the foreseeable future, the matter should be referred to the chancery court to be subject to civil commitment procedures under Sections 41-21-61 through 41-21-107.  The order of the circuit court shall be in lieu of the affidavit for commitment provided for in Section 41-21-65.  The chancery court shall have jurisdiction and shall proceed with civil commitment procedures under Sections 41-21-61 through 41-21-107.

     (3)  The circuit court shall have jurisdiction under Sections 99-13-7, 99-13-9 and 99-13-11.

     (4)  Before the release of a person referred for civil commitment under this section and committed under Sections 41-21-61 through 41-21-107, the Department of Mental Health must notify the district attorney of the county where the offense was committed.  The district attorney must notify the crime victim or a family member who has requested notification under Section 99-43-35 and the sheriffs of both the county where the offense was committed and the county of the committed person's destination.

     SECTION 5.  Section 41-21-65, Mississippi Code of 1972, is amended as follows:

     (2)  TheIf Uniformany Civilperson Commitmentis Affidavitalleged developedto bybe thein Departmentneed of Mentaltreatment, Healthany underrelative this section must be provided by the clerk of the chanceryperson, courtor to any partyinterested orperson, affiantmay seekingmake aaffidavit civilof commitmentthat underfact this section, and mustshall befile utilizedthe inaffidavit allwith countiesthe toclerk commenceof civilthe commitmentchancery proceedingscourt underof thisthe section. county Thein affidavitwhich mustthe beperson madealleged available to thebe publicin onneed the website of thetreatment Mississippiresides; Department of Mental Health.

    provided, (3) however, that a chancellor or duly appointed special master may, in his or her discretion, hear the matter in the county in which the person may be found.  The Departmentchancellor is authorized to immediately transfer the cause of Mentala Health,person alleged to be in consultationneed of treatment from the county where the person was found to the person's county of residence.  The affidavit shall set forth the name and address of the proposed patient's nearest relatives and whether the proposed patient resides or has visitation rights with any minor children, if known, and the Mississippireasons Chanceryfor Clerksthe Association,affidavit.  The affidavit must contain factual descriptions of the Mississippiproposed Conferencepatient's recent behavior, including a description of Chancerythe Courtbehavior, Judgeswhere it occurred, and over what period of time it occurred, if known.  Each factual allegation may be supported by observations of witnesses named in the Mississippiaffidavit.  AssociationBecause of Communitythe emergency nature of those affidavits, at the affiant's request the chancery clerk shall provide the affiant with the one-page affidavit form developed by the Department of Mental HealthHealth, Centers,which mustthe developaffiant amay writtencomplete guideand settingfile outwithout the stepsneed for consulting or retaining an attorney.  The Department of Mental Health, in consultation with the commitmentMississippi processChancery noClerks' laterAssociation, thanshall Januarydevelop 1,a 2020. simple, Theone-page guideaffidavit form for the use of affiants as provided in this subsection, which shall be designatedused asin all counties in the "Uniformstate.  CivilNo Commitmentchancery Guide"clerk andshall mustrequire include,an butaffiant notto beretain limitedan to,attorney for the following:filing of an affidavit under this section.

              (a) (3)  StepsThe chancery clerk may charge the affiant a total fee for all services equal to the amount set out in Section 25-7-9(o), and the civilappropriate commitmentstate processand fromcounty affidavitassessments as required by law.       (4)  The prohibition against charging the affiant other fees, expenses, or costs shall not preclude the imposition of monetary criminal penalties under Section 41-21-107 or any other criminal statute, or the imposition by the chancellor of monetary penalties for contempt if the affiant is found to commitment,have writtenfiled an intentionally false affidavit or filed the affidavit in easilybad understandablefaith layman'sfor terms;a malicious purpose.       SECTION 13.  Section 41-21-67, Mississippi Code of 1972, is brought forward as follows:

              (b) 41-21-67.  A(1)  scheduleWhenever the affidavit provided for in Section 41-21-65 is filed with the chancery clerk, the clerk, upon direction of feesthe chancellor of the court, shall issue a writ directed to the sheriff of the proper county to take into custody the person alleged to be in need of treatment and assessmentsto thatbring the person before the clerk or chancellor, who shall order pre-evaluation screening and treatment by the appropriate community mental health center established under Section 41-19-31.  The community mental health center will be chargeddesignated as the first point of entry for screening and treatment.  If the community mental health center is unavailable, any reputable licensed physician, psychologist, nurse practitioner or physician assistant, as allowed in the discretion of the court, may conduct the pre-evaluation screening and examination as set forth in Section 41-21-69.  The order may provide where the person shall be held before the appearance before the clerk or chancellor.  However, when the affidavit fails to commenceset forth factual allegations and witnesses sufficient to support the need for treatment, the chancellor shall refuse to direct issuance of the writ.  Reapplication may be made to the chancellor.  If a pauper's affidavit is filed by a guardian for commitment proceedingof underthe thisward section;of the guardian, the court shall determine if the ward is a pauper and if the ward is determined to be a pauper, the county of the residence of the respondent shall bear the costs of commitment, unless funds for those purposes are made available by the state.

          (c)  Eligibility requirements and instructions for filing a pauper's affidavit;

and           (d)  A statement on the front cover of the guide advising that persons wishing to pursue a civil commitment under this section are not required to retain an attorney for any portion of the commitment process.

     (4)  Immediately upon availability, but no later than January 1, 2020, the Uniform Civil Commitment Guide must be provided by the clerk of the chancery court to any party or affiant seeking a civil commitment under this section and also must be made available to the public on the website of the Mississippi Department of Mental Health.

     ( * * *25)  If any person is alleged to be in need of treatment, any relative of the person, or any interested person, may make affidavit of that fact and shall file the Uniform Civil Commitment Affidavit with the clerk of the chancery court of the county in which the person alleged to be in need of treatment resides * * *;

provided, however, that a, but the chancellor or duly appointed special master may, in his or her discretion, hear the matter in the county in which the person may be found. * * *  The chancellor is authorized to immediately transfer the cause of a person alleged to be in need of treatment from the county where the person was found to the person's county of residence.  The affidavit shall set forth the name and address of the proposed patient's nearest relatives and whether the proposed patient resides or has visitation rights with any minor children, if known, and the reasons for the affidavit.  The affidavit must contain factual descriptions of the proposed patient's recent behavior, including a description of the behavior, where it occurred, and over what period of time it occurred, if known.  Each factual allegation may be supported by observations of witnesses named in the affidavit. * * *  Because of the emergency nature of those affidavits, at the affiant's request the chancery clerk shall provide the affiant with the one‑page affidavit form developed by the Department of Mental Health, which the affiant may complete and file without the need for consulting or retaining an attorney.  The Department of Mental Health, in consultation with the Mississippi Chancery Clerks' Association, shall develop a simple, one-page affidavit form for the use of affiants as provided in this * * * subsection, which shall be used in all counties in the state section.  The affidavit also must state whether the affiant has consulted with a Community Mental Health Center or a physician to determine whether the alleged acts by the proposed respondent warrant civil commitment in lieu of other less-restrictive treatment options.  No chancery clerk shall require an affiant to retain an attorney for the filing of an affidavit under this section.

     ( * * *36)  The chancery clerk may charge * * * the affiant a total filing fee for all services equal to the amount set out in Section 25-7-9(o), and the appropriate state and county assessments as required by law which include, but are not limited to, assessments for the Judicial Operation Fund (Section 25-7-9(3)(b));

the Electronic Court System Fund (Section 25-7-9(3)(a));

the Civil Legal Assistance Fund (Section 25-7-9(1)(k));

the Court Education and Training Fund (Section 37-26-3);

State Court Constituent's Fund (Section 37-26-9(4));

and reasonable court reporter's fee.  Costs incidental to the court proceedings as set forth in Section 41-21-79 may not be included in the assessments permitted by this subsection.  The total of the fees and assessments permitted by this subsection may not exceed One Hundred Fifty Dollars ($150.00).

     ( * * *47)  The prohibition against charging the affiant other fees, expenses, or costs shall not preclude the imposition of monetary criminal penalties under Section 41-21-107 or any other criminal statute, or the imposition by the chancellor of monetary penalties for contempt if the affiant is found to have filed an intentionally false affidavit or filed the affidavit in bad faith for a malicious purpose.

     (8)  Nothing in this section shall be construed so as to conflict with Section 41-21-63.

     SECTION 6.  Section 41-21-67, Mississippi Code of 1972, is amended as follows:

     41-21-67.  (1)  Whenever the affidavit provided for in Section 41-21-65 is filed with the chancery clerk, the clerk, upon direction of the chancellor of the court, shall issue a writ directed to the sheriff of the proper county to take into custody the person alleged to be in need of treatment and to * * * bring take the person * * * before the clerk or chancellor, who shall order for pre-evaluation screening and treatment by the appropriate community mental health center established under Section 41-19-31.  The community mental health center will be designated as the first point of entry for pre-evaluation screening and treatment.  If the community mental health center is unavailable, any reputable licensed physician, psychologist, nurse practitioner or physician assistant, as allowed in the discretion of the court, may conduct the pre-evaluation screening and examination as set forth in Section 41-21-69.  The order may provide where the person shall be held before * * * the appearance before the clerk or chancellor being taken for pre-evaluation screening and treatment.  However, when the affidavit fails to set forth factual allegations and witnesses sufficient to support the need for treatment, the chancellor shall refuse to direct issuance of the writ.  Reapplication may be made to the chancellor.  If a pauper's affidavit is filed by an affiant who is a guardian * * * for commitment of the ward of the guardian or conservator of a person in need of treatment, the court shall determine if either the * * * ward affiant or the person in need of treatment is a pauper and if, the * * * ward affiant or the person in need of treatment is determined to be a pauper, the county of the residence of the respondent shall bear the costs of commitment, unless funds for those purposes are made available by the state.

     (2)  Upon issuance of the writ, the chancellor shall immediately appoint and summon two (2) reputable, licensed physicians or one (1) reputable, licensed physician and either one (1) psychologist, nurse practitioner or physician assistant to conduct a physical and mental examination of the person at a place to be designated by the clerk or chancellor and to report their findings to the clerk or chancellor.  However, any nurse practitioner or physician assistant conducting the examination shall be independent from, and not under the supervision of, the other physician conducting the examination.  A nurse practitioner or psychiatric nurse practitioner conducting an examination under this chapter must be functioning within a collaborative or consultative relationship with a physician as required under Section 73-15-20(3).  In all counties in which there is a county health officer, the county health officer, if available, may be one (1) of the physicians so appointed.  IfNeither aof licensedthe physicianphysicians isnor notthe availablepsychologist, tonurse conductpractitioner theor physicalphysician andassistant mentalselected examinationshall withinbe forty-eightrelated (48)to hoursthat ofperson thein issuanceany ofway, thenor writ,have theany court,direct inor itsindirect discretioninterest andin uponthe goodestate causeof shown,that mayperson permitnor theshall examinationany tofull-time bestaff conductedof byresidential thetreatment following: facilities (a)operated twodirectly (2)by nursethe practitioners,State oneDepartment (1) of whomMental mustHealth beserve aas psychiatricexaminer. nurse practitioner;

or (b) one (1) psychiatric nurse practitioner and one (1) psychologist or physician assistant.  Neither of the physicians nor the psychologist, nurse practitioner or physician assistant selected shall be related to that person in any way, nor have any direct or indirect interest in the estate of that person nor shall any full-time staff of residential treatment facilities operated directly by the State Department of Mental Health serve as examiner.

          (b)  Whenever an individual is held for purposes of receiving treatment as prescribed under paragraph (a) of this subsection, and it is communicated to the mental health professional holding the individual that the individual resides or has visitation rights with a minor child, and if the individual is considered to be a danger to the minor child, the mental health professional shall notify the Department of * * *of Human Child Protection Services prior to discharge if the threat of harm continues to exist, as is required under Section 43-21-353.

     This paragraph (b) shall be known and may be cited as the "Andrew Lloyd Law."      SECTION 7. 14.  Section 41-21-69, Mississippi Code of 1972, is amendedbrought forward as follows:

     41-21-69.  (1)  (a)  The * * *The physicians or physician and psychologist, nurse practitioner or physician assistant so appointed examiners shall immediately make a full inquiry into the condition of the person alleged to be in need of treatment and shall make a mental examination and physical evaluation of the person, and * * *and shall each examiner must make a report and certificate of * * *of their the findings of all mental and acute physical problems to the clerk of the court. * * * court.  The The Each report and certificate * * *certificate shall must set forth the facts as found by the * * *the physicians or physician and psychologist, nurse practitioner or physician assistant appointedand examiner and * * * shall must state whether * * *whether or not the examiner is of the opinion that the proposed patient is suffering a disability defined in Sections 41-21-61 through 41-21-107 and should be committed to a treatment facility.  The statement shall include the reasons for that opinion.  The examination may be based upon a history provided by the patient and the report and certificate of findings shall include an identification of all mental and physical problems identified by the examination.

          (b)  If the * * *the physicians or the physician and psychologist, nurse practitioner or physician assistant so appointed examiner finds:  (i) the respondent has mental illness;

the * * *the physicians or the physician and psychologist, nurse practitioner or physician assistant so appointed examiners shall so show on the examination report and certification and shall recommend outpatient commitment.  The * * *The examining physicians or the physician and psychologist, nurse practitioner or physician assistant appointed examiners shall also show the name, address and telephone number * * *number at of the proposed outpatient treatment physician or facility.

     (2)  The examinations shall be conducted and concluded within forty-eight (48) hours after the order for examination and appointment of attorney, and the certificates of the * * *the physicians or the physician and psychologist, nurse practitioner or physician assistant appointed examiners shall be filed with the clerk of the court within that time, unless the running of that period extends into nonbusiness hours, in which event the certificates * * *certificate shall must be filed at the beginning of the next business day.  However, if the * * *the examining physicians or the physician and psychologist, nurse practitioner or physician assistant is appointed examiners are of the opinion that additional time to complete the examination is necessary, and this fact is communicated to the chancery clerk or chancellor, the clerk or chancellor shall have authority to extend the time for completion of the examination and the filing of the certificate, the extension to be not more than eight (8) hours.

     SECTION 8. 15.  Section 41-21-71, Mississippi Code of 1972, is amendedbrought forward as follows:

     41-21-71.  If, as a result of the examination, the appointed examiners certify that the person is not in need of treatment, the chancellor or clerk shall dismiss the affidavit without the need for a further hearing.  If the chancellor or chancery clerk finds, based upon the * * *the physicians' or the physician's and a psychologist's, nurse practitioner's or physician assistant's appointedcertificate examiners' certificates and any other relevant evidence, that the respondent is in need of treatment and * * *and that certificate is the certificates are filed with the chancery clerk within forty-eight (48) hours after the order for examination, or extension of that time as provided in Section 41-21-69, the clerk shall immediately set the matter for a hearing.  The hearing shall be set within seven (7) days of the filing of the certificatescertificate unless an extension is requested by the respondent's attorney.  In no event shall the hearing be more than ten (10) days after the filing of the certificates.certificate.

     SECTION 9. 16.  Section 41-21-77, Mississippi Code of 1972, is amendedbrought forward as follows:

     41-21-77.  If admission is ordered at a treatment facility, the sheriff, his or her deputy or any other person appointed or authorized by the court shall immediately deliver the respondent to the director of the appropriate facility.  Neither the Board of Mental Health or its members, nor the Department of Mental Health or its related facilities, nor any employee of the Department of Mental Health or its related facilities, shall be appointed, authorized or ordered to deliver the respondent for treatment, and no person shall be so delivered or admitted until the director of the admitting institution determines that facilities and services are available.  Persons who have been ordered committed and are awaiting admission may be given any such treatment in the facility by a licensed physician as is indicated by standard medical practice.  Any county facility used for providing housing, maintenance and medical treatment for involuntarily committed persons pending their transportation and admission to a state treatment facility shall be certified by the State Department of Mental Health under the provisions of Section 41-4-7(kk).  No person shall be delivered or admitted to any non-Department of Mental Health treatment facility unless the treatment facility is licensed and/or certified to provide the appropriate level of psychiatric care for persons with mental illness.  It is the intent of this Legislature that county-owned hospitals work with regional community mental health/intellectual disability centers in providing care to local patients.  The clerk shall provide the director of the admitting institution with a certified copy of the court order, a certified copy of the * * *the physicians' or the physician's and psychologist's, nurse practitioner's or physician assistant's appointedcertificate, examiners' certificates, a certified copy of the affidavit, and any other information available concerning the physical and mental condition of the respondent.  Upon notification from the United States Veterans Administration or other agency of the United States government, that facilities are available and the respondent is eligible for care and treatment in those facilities, the court may enter an order for delivery of the respondent to or retention by the Veterans Administration or other agency of the United States government, and, in those cases the chief officer to whom the respondent is so delivered or by whom he is retained shall, with respect to the respondent, be vested with the same powers as the director of the Mississippi State Hospital at Whitfield, or the East Mississippi State Hospital at Meridian, with respect to retention and discharge of the respondent.

     SECTION 10. 17.  Section 41-21-79, Mississippi Code of 1972, is amendedbrought forward as follows:

     41-21-79.  The costs incidental to the court proceedings including, but not limited to, court costs, prehearing hospitalization costs, cost of transportation, reasonable physician's, psychologist's, nurse practitioner's or physician assistant's fees set by the court, and reasonable attorney's fees set by the court, shall be paid out of the funds of the county of residence of the respondent in those instances where the patient is indigent unless funds for those purposes are made available by the state.  However, if the respondent is not indigent, those costs shall be taxed against the respondent or his or her estate.  The total amount that may be charged for all of the costs incidental to the court proceedings shall not exceed Four Hundred Dollars ($400.00). ($400.00). Costs incidental to the court proceedings permitted under this section may not be charged to the affiant nor included in the fees and assessments permitted under Section 41-21-65(6).

     SECTION 11. 18.  TheSection following41-32-3, shallMississippi beCode codifiedof as1972, Sectionis 41-21-104,brought Mississippiforward Codeas offollows: 1972:

     41-21-104. 41-32-3.  TheAny courtinterested shallperson havemay continuingfile jurisdiction over a personcomplaint committedwith tothe anchancery inpatientcourt or outpatient treatment program under this chapter for onea (1)judgment year after completion of thecommittal treatment program.  During that time, the court, upon affidavit in thetermtime same cause of action, may conduct a hearing consistent with this chapter or Titlein 41,vacation.  ChapterThe 31,complaint Mississippishall Codestate offacts 1972, to determineestablish:  whether(a) the persondefendant needsis toan bealcoholic recommitted for further mental health treatment or todrug determineaddict, whetheri.e., thehe person is inpowerless needover of alcohol andor drugdrugs, treatment.  Upon a finding by the court that the person is in need of further treatment, the court may commit the person to an appropriate treatment facility.  The person subject to commitment must be afforded the due process to which he or sheboth, is entitled under Chapters 21 and 31his oflife Titlehas 41,thereby Mississippibecome Codeunmanageable; of 1972.  This section may not be construed so as to conflict with the provisions of Section 41-21-87.

     SECTION 12.  Section 41-31-1, Mississippi Code of 1972, is amended as follows:

     41-31-1.  As used in this chapter, the following words and phrases shall have the meanings * * * hereinafter ascribed to them, unless the context requires a different meaning * * *, to‑wit:

          (a) * * *  An  "Alcoholic" * * *shall means any person who chronically and habitually uses alcoholic beverages to the extent that he has lost the power of self-control with respect to the use of such beverages, or any person who, while chronically under the influence of alcoholic beverages, endangers public morals, health, safety or welfare.

          (b)  "Alcoholic beverage" * * * shall means * * * and include alcoholic spirits, liquors, wines, beer, and every liquid or fluid, patented or not, containing alcoholic spirits, wine or beer, which is capable of being consumed by human beings and produces or results in intoxication in any form or degree.

          (c)  "Alcoholism" * * * shall means any condition of abnormal behavior or illness resulting directly or indirectly from the chronic and habitual use of alcoholic beverages.

          (d) * * *  A  "Drug addict" * * * shall means any person who chronically and habitually uses any form of habit-forming drugs, such as opioids, opiates and the derivatives thereof, barbiturates, and every tablet, powder, substance, liquid or fluid, patented or not, containing habit-forming drugs if same is capable of being used by human beings and produces drug addiction in any form or degree.

          (e)  "Drug addiction" * * * shall means * * * and include any condition of abnormal behavior or illness resulting directly or indirectly from the chronic and habitual use of habit-forming drugs.

          (f)  "Hospital" or "institution" * * * shall means either the Mississippi State Hospital, at Whitfield, Mississippi, or the East Mississippi State Hospital, at Meridian, Mississippi, and shall include the grounds thereof and the facilities used for the treatment of alcoholics and the drug addicts.

          (g)  "Medical director" * * * shall means the physician in charge of * * * said:  (i) Mississippi State Hospital, or (ii) East Mississippi State Hospital, as the case may be.

     SECTION 13.  Section 41-31-3, Mississippi Code of 1972, is amended as follows:

     41-31-3.  (1)  The Department of Mental Health must develop a Uniform Alcohol and Drug Commitment Affidavit to be utilized in all counties to initiate commitment proceedings under Title 41, Chapters 30, 31 and 32, Mississippi Code of 1972.  The Uniform Alcohol and Drug Commitment Affidavit must be provided by the clerk of the chancery court to any party or affiant seeking a civil commitment under this chapter and also must be made available to the public on the website of the Mississippi Department of Mental Health.

     (2)  The Department of Mental Health, in consultation with the Mississippi Chancery Clerks Association, the Mississippi Conference of Chancery Court Judges and the Mississippi Association of Community Mental Health Centers, must develop a written guide no later than January 1, 2020, setting out the steps in the commitment process.  The guide shall be designated as the "Uniform Alcohol and Drug Commitment Guide" and shall include, but not be limited to, the following:

          (a)  Steps in the alcohol and drug commitment process from affidavit to commitment, written in easily understandable layman's terms;

          (b)  A schedule of fees and assessments that will be charged to commence a commitment proceeding under this chapter;

          (c)  Eligibility requirements and instructions for filing a pauper's affidavit;

and           (d)  A statement on the front cover of the guide advising that persons who pursue an alcohol and drug commitment under this chapter are not required to retain an attorney for any portion of the commitment process.

     (3)  As soon as available but no later than January 1, 2020, the Uniform Alcohol and Drug Commitment Guide must be provided by the clerk of the chancery court to any party or affiant seeking a civil commitment under this chapter, and also must be made available to the public on the website of the Mississippi Department of Mental Health.

     (4)  Proceedings for detention, care and treatment of any person alleged to be an alcoholic or drug addict may be initiated or instituted by such person's husband, wife, child, mother, father, next of kin, or by any friend or relative thereof, or by the county health officer.  Such proceedings shall be instituted by the filing of * * * a sworn petition or application the Uniform Alcohol and Drug Commitment Affidavit in the chancery court of the county of such person's residence or of the county in which he may be found.  It shall be necessary that * * * said petition the affidavit allege that such person is an alcoholic or drug addict, as the case may be, is a resident citizen of this state, and because of his alcoholism or drug addiction is incapable of or unfit to look after and conduct his affairs, or is dangerous to himself or others, or has lost the power of self-control because of periodic, constant or frequent use of alcoholic beverages or habit-forming drugs, and that he is in need of care and treatment, and that his detention, care and treatment at an institution will improve his health.  A chancery clerk may not require an affiant to retain an attorney for the filing of an affidavit under this section.  All proceedings authorized by this chapter may be had and conducted either in termtime or in vacation of said court.

     SECTION 14.  Section 41-31-5, Mississippi Code of 1972, is amended as follows:

     41-31-5.  (1)  Whenever * * * such a petition shall be an affidavit is filed, the chancellor of said court shall, by order, fix a time upon a day certain for the hearing thereof, either in termtime or in vacation, which hearing shall be fixed not less than five (5) days nor more than twenty (20) days from the filing of * * * said petition the affidavit.  The person alleged to be an alcoholic or drug addict shall be served with a citation to appear at said hearing not less than three (3) days prior to the day fixed for said hearing, and there shall be served with such citation a true and correct copy of * * * said petition the affidavit.

     (2)  The clerk must ascertain whether the respondent is represented by an attorney, and if it is determined that the respondent does not have an attorney, the clerk immediately must notify the chancellor of that fact.  If the chancellor determines that the respondent for any reason does not have the services of an attorney, the chancellor shall appoint an attorney for the respondent before a hearing on the affidavit.

     (3)  At the time fixed, the chancellor shall hear evidence on * * * said petition the affidavit, with or without the presence of the alleged alcoholic or drug addict, and all persons interested shall have the right to appear and present evidence touching upon the truth and correctness of the allegations of * * * said petition the affidavit.  The said chancellor, in his discretion, may require that the alleged alcoholic or drug addict be examined by the county health officer or by such other competent physician or physicians as the chancellor may select, and may consider the results of such examination in reaching a decision in said matter.

     (4)  If the alleged alcoholic or drug addict shall admit the truth and correctness of the allegations of * * * said petition the affidavit, or if the chancellor should find from the evidence that such person is an alcoholic or drug addict, and is in need of detention, care and treatment in an institution, and that the other material allegations of said petition are true, then he shall enter an order so finding, and shall order that such person be remanded and committed to and confined in the proper state institution under this chapter or a private treatment facility under the provisions of Title 41, Chapter 32, Mississippi Code of 1972, or, in the case of an alcoholic to an approved public or private treatment facility pursuant to the provisions of Title 41, Chapter 30 * * * of Title 41, Mississippi Code of 1972, for care and treatment for a period of not less than thirty (30) days nor more than ninety (90) days as the necessity of the case may, in his discretion, require.  However, when such person shall be so committed, the medical director of the said institution shall be vested with full discretion as to the treatment and discharge of such person, and may discharge and release such person at any time when the condition of such person shall so justify.

     (5)  (a)  If the chancellor determines under this section that the alleged alcoholic or drug addict is in need of care and treatment but also affirmatively finds that the alleged alcoholic or drug addict would benefit from the less restrictive option of an outpatient treatment program, the chancellor, in his discretion and upon agreement of both the affiant and the person in need of treatment, may order the alleged alcoholic or drug addict into an outpatient treatment program.

          (b)  If the order directs outpatient treatment, the outpatient treatment provider may prescribe or administer to the respondent treatment consistent with accepted alcohol and drug abuse treatment standards.  If the respondent fails or clearly refuses to comply with outpatient treatment, the director of the treatment program, his designee or an interested person must make all reasonable efforts to solicit the respondent's compliance.  These efforts must be documented and, if the respondent fails or clearly refuses to comply with outpatient treatment after the efforts are made, the efforts must be documented with the court by affidavit.  Upon the filing of the affidavit, the sheriff of the proper county may take the respondent into custody.  The chancellor thereafter may order the respondent to inpatient treatment as soon as a treatment facility is available.            (c)  The respondent may request a hearing within ten (10) days of commitment to inpatient treatment by filing a written request with the chancery clerk of the committing court, or the respondent may request such a hearing in writing to any member of the professional staff of the treatment facility, which must be forwarded to the director and promptly filed with the chancery clerk of the committing court.  The respondent must be advised of the right to request such a hearing and of the right to consult a lawyer.

     SECTION 15.  Section 41-31-11, Mississippi Code of 1972, is amended as follows:

     41-31-11.  The medical director of the Mississippi State Hospital or the East Mississippi State Hospital may, subject to the regulations of the board of trustees of mental institutions, transfer alcoholics or drug addicts from one institution used for the commitment of alcoholics and drug addicts to another institution, or from one department in any institution to another as is deemed necessary for their care and treatment.  The medical director must provide the committing court with written notification of the transfer, including the name of the facility or program to which the alcoholic or addict is transferred.

     SECTION 16.  The following shall be codified as Section 41-31-18, Mississippi Code of 1972:

     41-31-18.  The court shall have continuing jurisdiction over a person committed to an inpatient or outpatient treatment program under this chapter for one (1) year after completion of the treatment program.  During that time and upon affidavit in the same cause of action, the court may conduct a hearing consistent with this chapter or Title 41, Chapter 21, Mississippi Code of 1972, to determine whether the person needs to be recommitted for further alcohol and drug treatment or to determine whether the person suffers from a mental or nervous condition or affliction requiring commitment for mental health treatment.  Upon a finding by the court that the person is in need of further treatment, the court may commit the person to an appropriate treatment facility.  The person subject to commitment must be afforded the due process entitled to him or her under Title 41, Chapters 21 and 31, Mississippi Code of 1972.  This section may not be construed so as to conflict with the provisions of Section 41-21-87.

     SECTION 17.  Section 41-32-3, Mississippi Code of 1972, is amended as follows:

     41-32-3.  Any interested person may file a * * * complaint Uniform Alcohol and Drug Commitment Affidavit with the chancery court for a judgment of committal in termtime or in vacation.  The * * * complaint affidavit shall state facts to establish:  (a) the defendant is an alcoholic or drug addict, i.e., he is powerless over alcohol or drugs, or both, and his life has thereby become unmanageable;

(d) the * * *the complainant affiant has selected a particular private treatment facility which, if located in this state, has been approved by the Department of Mental Health, Division of Alcohol and Drug Abuse;

(e) the * * *the complainant affiant has made adequate financial arrangements for defendant's treatment at such facility;

     SECTION 18. 19.  Section 41-32-5, Mississippi Code of 1972, is amendedbrought forward as follows:

     41-32-5.  (1)  The chancellor shall schedule with the affiantcomplainant a time on a day certain for the hearing thereof, not less than five (5) days nor more than twenty (20) days from the filing of the * * *the complaintcomplaint.  affidavit.  The case shall be triable upon three (3) days' service of process and service of notice of the time for the hearing.  At the time fixed, the chancellor shall hear the evidence in the presence of the defendant if he will appear, and without the presence of the defendant if he will not appear, and all persons interested shall have the right to appear and present evidence touching upon the truth and correctness of the allegations of the * * *the complaint.  If the defendant admits the truth and correctness of the allegations of the complaint, or if the chancellor shall find from the evidence that the defendant is an alcoholic or drug addict, or both, and is in need of detention, care and treatment in a private treatment facility, and that the other material allegations of the complaint affidavit.are true, then the chancellor shall enter a judgment so finding, and shall order that such person be committed to and confined in a chemical dependency unit, alcohol and drug unit, outpatient house or any other private treatment facility, within or outside the state, for the treatment of chemically dependent persons, as the chancellor, in his discretion, deems to be in the best interest of the defendant.

    Any (2) such Theorder clerkfor mustthe ascertaincommitment whetherof the respondentdefendant isshall representedrequire by an attorney, and if it is determined that the respondentdefendant doesbe notcommitted havefor ansuch attorney,period theof clerktime immediatelyas must notify the chancellor ofshall thatdetermine, fact. in Ifhis thediscretion, chancelloras determinesis thatnecessary theto respondentprovide for anythe reasoncare doesand nottreatment haveof the servicesdefendant ofor anfor attorney,such theother chancellorperiod mustof appointtime anas attorneymay forbe theestablished respondentby beforeauthorized apersonnel hearingat on the affidavit.designated facility or facilities;

    provided, (3) however, Ifin theno defendantevent admits the truth and correctness of the allegations of the * * * complaint affidavit, or if the chancellor shall findsuch fromperiod the evidence that the defendant is an alcoholic or drug addict, or both, and is in need of detention,confinement careextend andbeyond treatment in a privateperiod treatment facility, and that the other material allegations of the * * *eight complaint(8) affidavitmonths.  areThe true,chancellor thenmay therequire chancellortreatment shallat enter a judgmentcombination soof finding,facilities andor shallmay orderdesignate thatcommitment suchat personan beinpatient committedfacility tofor andnot confinedmore inthan atwo chemical(2) dependencymonths unit, alcohol and drugan unit, outpatient housefacility or any other private treatment facility, within or outside the state, for thenot treatmentmore ofthan chemicallysix dependent(6) persons,months, assubject the chancellor, in his discretion, deems to beinstitutional inearlier therelease. best interest of the defendant.

Any     suchSECTION order20.  forSection the41-32-7, commitmentMississippi ofCode the defendant shall require that the defendant be committed for such period of time1972, as the chancellor shall determine, in his discretion, as is necessarybrought toforward provide for the care and treatment of the defendant or for such other period of time as mayfollows: be established by authorized personnel at the designated facility or facilities; * * * provided, however, in no event shall such period of confinement extend beyond a period of eight (8) months.  The chancellor may require treatment at a combination of facilities or may designate commitment at an inpatient facility for not more than two (2) months and an outpatient facility for not more than six (6) months, subject to institutional earlier release.

     SECTION41-32-7.  19. Upon Sectionallegation 41-32-7,in Mississippithe Codecomplaint and upon clear and convincing proof that the defendant is under the influence of 1972,alcohol or drugs, or both, to the extent that if the defendant is amendedserved aswith follows:process he will, in all likelihood, flee the jurisdiction of the court or physically harm himself or others, then the chancellor may, in his discretion, set the matter for hearing not more than five (5) days, excluding Saturdays, Sundays and legal holidays, from the filing of the complaint, and order the defendant committed and confined, without notice, until the hearing, to a chemical dependency unit, alcohol and drug unit, outpatient house or any other private facility for the treatment of chemically dependent persons.

     41-32-7. SECTION Upon21.  allegationSection in41-32-11, the * * *Mississippi complaintCode affidavit and upon clear and convincing proof that the defendant is under the influence of alcohol1972, or drugs, or both, to the extent that if the defendant is servedbrought withforward processas hefollows: will, in all likelihood, flee the jurisdiction of the court or physically harm himself or others, then the chancellor may, in his discretion, set the matter for hearing not more than five (5) days, excluding Saturdays, Sundays and legal holidays, from the filing of the * * * complaint affidavit, and order the defendant committed and confined, without notice, until the hearing, to a chemical dependency unit, alcohol and drug unit, outpatient house or any other private facility for the treatment of chemically dependent persons.

     SECTION41-32-11.  20. The Sectionchancellor 41-32-11,may Mississippiorder Codeassistance by the sheriff of 1972,the iscounty, amendedor asany follows:other county in confining and transporting the defendant to the facility, at the expense of complainant.

     41-32-11. SECTION The22.  chancellorSection may41-30-27, orderMississippi assistanceCode by the sheriff of the1972, county,is orbrought anyforward otheras countyfollows: in confining and transporting the defendant to the facility, at the expense of * * * complainant the committing county.

     SECTION 21.  Section 25-31-11, Mississippi Code of 1972, is amended as follows:

     25-31-11.  (1)  It shall be the duty of the district attorney to represent the state in all matters coming before the grand juries of the counties within his district and to appear in the circuit courts and prosecute for the state in his district all criminal prosecutions and all civil cases in which the state or any county within his district may be interested;

but if two (2) or more counties are adversely interested, the district attorney shall not represent either.  Any district attorney may also institute and prosecute to final judgment or decree any case in the name of the state against any person or corporation for any violation of the Constitution or the laws of this state, in order to enforce any penalties, fines or forfeitures imposed by law in any court of his district having jurisdiction, with like effect as if the suit was instituted by the Attorney General.  Any district attorney may also institute and prosecute to final judgment or decree any case in which prosecution was deferred due to a finding that the defendant was incompetent to stand trial if the case is otherwise triable.

     (2)  The district attorney may transfer any case handled by him to a county prosecuting attorney when charges in such case no longer constitute a felony.

     (3)  The validity of any judgment or sentence shall not be affected by the division of jurisdiction under this section, and no judgment or sentence may be reversed or modified upon the basis that the case was not processed according to this section.

     (4)  A county prosecuting attorney or municipal prosecuting attorney may be designated by the district attorney to appear on behalf of the district attorney pursuant to an agreement relating to appearances in certain courts or proceedings in the county of the county prosecuting attorney or in the municipality of the municipal prosecuting attorney.  Such agreement shall be filed with the circuit court clerk of any county where such agreement shall be operative.  Such agreement shall be binding upon the district attorney and county prosecuting attorney or municipal prosecuting attorney until dissolved by either of them in writing upon five (5) days' notice.

     (5)  Where any statute of this state confers a jurisdiction, responsibility, duty, privilege or power upon a county attorney or county prosecuting attorney, either solely, jointly or alternatively with a district attorney, such county prosecuting attorney shall be responsible for the prosecution, handling, appearance, disposition or other duty conferred by such statute.  Any such provision shall not be construed to bestow such responsibility, jurisdiction or power upon the district attorney where there is no elected county prosecuting attorney, and any such matter shall be handled pursuant to Section 19-3-49, Mississippi Code of 1972.

     (6)  The district attorney or his designated assistant, or the county prosecuting attorney or his designated assistant, shall assist the Attorney General in appeals from his district to the Mississippi Supreme Court and in other post judgment proceedings, and shall appear for oral argument before the Supreme Court when directed by the Supreme Court.

     (7)  The several district attorneys shall submit reports of revenues and expenditures and shall submit budget requests as required for State General Fund agencies.  For purposes of budget control, the several offices of district attorney shall be considered General Fund agencies and the budget and accounts of the several offices, including salaries, travel expenses, office expenses and any other expenditures or revenues, shall be consolidated for all districts as far as such consolidation is practical.

     All revenue or funds allocated or expended by a district attorney, whether such funds are appropriated from state funds, or whether such funds are received from county funds, grants or otherwise, shall be reported to the Legislative Budget Office.

     (8)  A district attorney shall be authorized to assign the duties of employees regardless of the source of funding for such employees.

     SECTION 22.  Section 41-30-27, Mississippi Code of 1972, is amended as follows:

     (4)  The application filed pursuant to subsection (1) of this section shall also contain * * *contain a petition an affidavit for involuntary commitment pursuant to Title 41, Chapter 31, Mississippi Code of 1972.  If the application for emergency involuntary commitment is accepted under subsection (2) of this section, the chancery judge shall order a hearing on the * * *the petition affidavit for commitment pursuant to Title 41, Chapter 31, Mississippi Code of 1972, to be held on the fifth day of such involuntary emergency commitment, the provisions of Section 41-31-5 regarding the time of hearing to the contrary notwithstanding;

     SECTION 23.  SectionThis 99-43-35,act Mississippishall Codetake ofeffect 1972,and isbe amendedin asforce follows:from and after its passage.

     99-43-35.  The victim has the right to the following information:

          (a)  As soon as practicable after the date of sentencing, the office of the prosecuting attorney shall notify the victim of the sentence imposed on the defendant.

          (b)  The names, addresses and telephone numbers of the appropriate agencies and departments to whom request for notice should be provided.

          (c)  The status of any post-conviction court review or appellate proceeding or any decisions arising from those proceedings shall be furnished to the victim by the Office of the Attorney General or the office of the district attorney, whichever is appropriate, within five (5) business days after the status is known.

          (d)  Upon any post-arrest release of the defendant, the sheriff or municipal jailer shall, upon request, notify the victim of the release of the defendant.  In the case of domestic violence or sexual assault, the appropriate law enforcement agency shall make a reasonable attempt to notify the victim of the defendant's post-arrest release, regardless of the victim's exercise of the right to receive this information.

          (e)  The agency having physical custody of a prisoner shall, if provided a request for notice, and as soon as practicable, give notice to the victim of the escape and, subsequently, the return of the prisoner into custody.

          (f)  Upon receiving notice from the Department of Mental Health of the release of a person who was civilly committed under Section 41-21-63 as a person with unresolved felony charges found incompetent to stand trial, the office of the prosecuting attorney must notify a victim or victim representative who has complied with Section 99-43-9.

     SECTION 24.  This act shall take effect and be in force from and after July 1, 2019.