(c) (i) "Director" Themeans personthe haschief threatenedadministrative orofficer attemptedof suicidea treatment facility or toother inflictemployee seriousdesignated bodilyby harmhim toas himself;his deputy.

or(d)              "Interested (ii) person" Themeans personan hasadult, threatenedincluding, orbut attemptednot homicidelimited to, a public official, and the legal guardian, spouse, parent, legal counsel, adult, child next of kin, or other violentperson behavior;designated by a proposed patient.

or(e)              "Person (iii) with Themental illness" means any person who has placeda otherssubstantial inpsychiatric reasonabledisorder fear of violentthought, behaviormood, andperception, seriousorientation, physicalor harmmemory which grossly impairs judgment, behavior, capacity to them;recognize reality, or to reason or understand, which (i) is manifested by instances of grossly disturbed behavior or faulty perceptions;

and (ii) poses a substantial likelihood of physical harm to himself or              others (iv) as Thedemonstrated personby is(A) unablea recent attempt or threat to avoidphysically severeharm impairmenthimself or injuryothers, fromor specific(B) risks;a failure to provide necessary food, clothing, shelter or medical care for himself, as a result of the impairment.

"Person with mental illness" includes a person who, based on treatment history and              other (v) applicable Therepsychiatric 19/SS36/SB2328A.1J *SS36/SB2328A.1J* PAGE 6 indicia, is substantialin likelihoodneed thatof serioustreatment harmin willorder occurto unlessprevent thefurther persondisability isor placeddeterioration underwhich emergencywould predictably result in dangerousness to himself or others when his current mental illness limits or negates his ability to make an informed decision to seek or comply with recommended treatment.

    "Person SECTIONwith 4. mental Sectionillness" 41-21-63,does Mississippinot Codeinclude ofa 1972,person ishaving amendedonly asone follows:or more of the following conditions:

    (1) 41-21-63. epilepsy, (1) (2) Noan person,intellectual otherdisability, than(3) personsbrief chargedperiods with crime, shall be committed to a public treatment facility except under the provisions of Sectionsintoxication 41-21-61caused throughby 41-21-107alcohol or 43-21-611drugs, or(4) 43-21-315. dependence However,upon nothingor hereinaddiction shall be construed to repeal,any alteralcohol or otherwisedrugs, affect the provisions of Section 35-5-31 or to(5) affectsenile ordementia. 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.

    (f) (2) "Person (a) with Thean chanceryintellectual court,disability" ormeans theany chancellorperson (i) who has been diagnosed as having substantial limitations in vacation,present shallfunctioning, havemanifested jurisdictionbefore underage Sectionseighteen 41-21-61(18), throughcharacterized 41-21-107by exceptsignificantly oversubaverage personsintellectual functioning, existing concurrently with unresolvedrelated felonylimitations charges * * *in pendingtwo unless(2) paragraphor (b)more of thisthe subsectionfollowing applies.applicable adaptive skill areas:

         communication, (b) self-care, Ifhome aliving, circuitsocial courtskills, withcommunity jurisdictionuse, overself-direction, unresolvedhealth felonyand chargessafety, entersfunctional anacademics, orderleisure concludingand thatwork, theand person(ii) iswhose incompetentrecent toconduct stand trial and is nota restorableresult toof competencyhaving inan theintellectual foreseeabledisability future,and theposes mattera shouldsubstantial belikelihood referredof tophysical theharm chancery court to behimself subjector toothers civilin commitmentthat proceduresthere underhas Sectionsbeen 41-21-61(A) througha 41-21-107. recent Theattempt orderor ofthreat theto circuitphysically courtharm shallhimself beor inothers, lieuor of(B) thea affidavitfailure forand commitmentinability providedto forprovide innecessary Sectionfood, 41-21-65. clothing, Theshelter, chancerysafety courtor shallmedical havecare jurisdictionfor andhimself. shall proceed with civil commitment procedures under Sections 41-21-61 through 41-21-107.

    19/SS36/SB2328A.1J (3) *SS36/SB2328A.1J* ThePAGE circuit7 court(g) shall"Physician" havemeans jurisdictionany underperson Sectionslicensed 99-13-7,by 99-13-9the andState 99-13-11.of Mississippi to practice medicine in any of its branches.

    (h) (4) "Psychologist," Beforewhen theused releasein of a person referred for civil commitment under this section and committed under Sections 41-21-61 through 41-21-107, themeans 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 familylicensed memberpsychologist who has requestedbeen notificationcertified underby Section 99-43-35 and the sheriffsState Board of bothPsychological theExaminers countyas wherequalified theto offenseperform wasexaminations committedfor and the countypurpose of thecivil committedcommitment. person's destination.

    (i) SECTION"Treatment 5. facility" Sectionmeans 41-21-65,a Mississippihospital, Codecommunity ofmental 1972,health iscenter, amendedor asother follows:institution qualified to provide care and treatment for persons with mental illness, persons with an intellectual disability or chemically dependent persons.

    (j) 41-21-65. "Substantial (1) likelihood It is the intention of thebodily Legislatureharm" thatmeans thethat: filing of an affidavit under this section be a simple, inexpensive, uniform, and streamlined process for the purpose of facilitating and expediting the care of individuals in need of treatment.

    (i) (2)  The Uniformperson Civilhas Commitmentthreatened Affidavitor developedattempted bysuicide the Department of Mental Health under this section must be provided by the clerk of the chancery court to any party or affiant seeking a civil commitment under this section, and must be utilized in all counties to commenceinflict civilserious commitmentbodily proceedingsharm under this section.  The affidavit must be made available to thehimself; public on the website of the Mississippi Department of Mental Health.

    or (3) (ii) The Departmentperson ofhas Mentalthreatened Health,or inattempted consultationhomicide withor theother Mississippiviolent Chancerybehavior; Clerks Association, the Mississippi Conference of Chancery Court Judges and the Mississippi Association of Community Mental Health Centers, must develop a written guide setting out the steps in the commitment process no later than January 1, 2020.  The guide shall be designated as the "Uniform Civil Commitment Guide" and must include, but not be limited to, the following:

         or (a) (iii) StepsThe inperson thehas civilplaced commitmentothers processin fromreasonable affidavitfear toof commitment,violent writtenbehavior inand easilyserious understandablephysical layman'sharm terms;to them;

         or (b) (iv) AThe scheduleperson ofis feesunable and assessments that will be charged to commenceavoid asevere commitmentimpairment proceedingor underinjury thisfrom section;specific risks;

         and (c) (v) EligibilityThere requirementsis andsubstantial instructionslikelihood forthat filingserious aharm pauper'swill affidavit;occur unless the person is placed under emergency treatment.

andSECTION          *. (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.

    Section (4) 41-21-65, ImmediatelyMississippi uponCode availability, but no later than January 1, 2020, the Uniform Civil Commitment Guide must be provided by the clerk of the1972, chanceryis courtbrought toforward anyas partyfollows: 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.

    19/SS36/SB2328A.1J ( * * *25) *SS36/SB2328A.1J* IfPAGE any8 person41-21-65. 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,(1) however,It 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 causeintention of a person alleged to be in need of treatment from the countyLegislature wherethat the personfiling was found to the person's county of residence. an The affidavit shallunder setthis forthsection thebe namea andsimple, addressinexpensive, ofuniform, the proposed patient's nearest relatives and whetherstreamlined theprocess proposed patient resides or has visitation rights with any minor children, if known, and the reasons for the affidavit. purpose The affidavit must contain factual descriptions of thefacilitating proposedand patient'sexpediting recent behavior, including a description of the behavior,care where it occurred, and over what period of timeindividuals 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 Mentaltreatment. 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.

    (2) ( * * *36) If Theany chanceryperson clerkis mayalleged charge * * *to thebe affiantin aneed totalof filingtreatment, feeany forrelative allof servicesthe equalperson, toor theany amountinterested setperson, outmay inmake Sectionaffidavit 25-7-9(o),of that fact and theshall appropriatefile statethe andaffidavit countywith assessmentsthe asclerk requiredof bythe lawchancery whichcourt include,of butthe arecounty notin limitedwhich to,the assessmentsperson foralleged theto Judicialbe Operationin Fundneed (Sectionof 25-7-9(3)(b));treatment resides;

provided, however, that a chancellor or duly appointed special master may, in his or her discretion, hear the Electronicmatter Courtin Systemthe Fundcounty (Sectionin 25-7-9(3)(a));which the person may be found.

The chancellor is authorized to immediately transfer the Civilcause Legalof Assistancea Fundperson (Sectionalleged 25-7-9(1)(k));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 Courtname Educationand address of the proposed patient's nearest relatives and Trainingwhether Fundthe (Sectionproposed 37-26-3);patient resides or has visitation rights with any minor children, if known, and the reasons for the affidavit.

StateThe Courtaffidavit Constituent'smust Fundcontain (Sectionfactual 37-26-9(4));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.

andEach reasonablefactual courtallegation reporter's fee.  Costs incidental to the court proceedings as set forth in Section 41-21-79 may not be includedsupported in the assessments permitted by thisobservations subsection. of Thewitnesses totalnamed ofin the feesaffidavit. and assessments permitted by this subsection may not exceed One Hundred Fifty Dollars ($150.00).

    Because ( * * *47) of The prohibition against charging the affiantemergency othernature fees,of expenses,those oraffidavits, costsat shallthe notaffiant's precluderequest the impositionchancery ofclerk monetary19/SS36/SB2328A.1J criminal*SS36/SB2328A.1J* penaltiesPAGE under9 Sectionshall 41-21-107provide orthe anyaffiant otherwith criminalthe statute,one-page oraffidavit theform impositiondeveloped by the chancellorDepartment of monetaryMental penaltiesHealth, forwhich contempt if the affiant ismay foundcomplete toand havefile filedwithout anthe intentionallyneed falsefor affidavitconsulting or filedretaining thean affidavitattorney. in bad faith for a malicious purpose.

    The (8) Department Nothingof Mental Health, in thisconsultation sectionwith the Mississippi Chancery Clerks' Association, shall bedevelop construeda sosimple, one-page affidavit form for the use of affiants as toprovided conflictin withthis Sectionsubsection, 41-21-63.which shall be used in all counties in the state.

    No SECTIONchancery 6. clerk Sectionshall 41-21-67,require Mississippian Codeaffiant to retain an attorney for the filing of 1972,an isaffidavit amendedunder asthis follows:section.

    (3) 41-21-67. The (1)  Whenever the affidavit provided for in Section 41-21-65 is filed with the chancery clerk,clerk themay clerk,charge upon direction of the chancelloraffiant of the court, shall issue a writtotal directedfee tofor theall sheriffservices ofequal the proper county to take into custody the personamount 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 forthout in Section 41-21-69. 25-7-9(o), 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 affidavitappropriate failsstate 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 ofassessments theas residencerequired of the respondent shall bear the costs of commitment, unless funds for those purposes are made available by thelaw. state.

    (4) InThe anyprohibition countyagainst incharging whichthe aaffiant Crisisother Interventionfees, Teamexpenses, hasor beencosts establishedshall undernot preclude the provisionsimposition of Sectionsmonetary 41-21-131criminal throughpenalties 41-21-143,under Section 41-21-107 or any other criminal statute, or the clerk,imposition uponby the directionchancellor of themonetary chancellor,penalties mayfor requirecontempt thatif the personaffiant beis referredfound to thehave Crisisfiled Interventionan Teamintentionally forfalse appropriateaffidavit psychiatric or otherfiled medicalthe servicesaffidavit beforein thebad issuancefaith offor thea writ.malicious purpose.

    SECTION (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.  If a licensed physician is not available to conduct the physical and mental examination within forty-eight (48) hours of the issuance of the writ, the court, in its discretion and upon good cause shown, may permit the examination to be conducted by the following:  (a) two (2) nurse practitioners, one (1) of whom must be a psychiatric nurse practitioner;

orSection (b)41-21-67, oneMississippi (1)Code psychiatric nurse practitioner and one (1) psychologist or physician assistant.  Neither of the1972, physiciansis norbrought theforward 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.follows:

    41-21-67. (3)  The clerk shall ascertain whether the respondent is represented by an attorney, and if it is determined that the respondent does not have an attorney, the clerk shall immediately 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 immediately appoint an attorney for the respondent at the time the examiners are appointed.

    (1) (4) Whenever If the chancelloraffidavit determinesprovided thatfor therein isSection probable41-21-65 causeis tofiled believewith that the respondentchancery isclerk, mentallythe illclerk, andupon that19/SS36/SB2328A.1J there*SS36/SB2328A.1J* isPAGE no10 reasonabledirection alternativeof to detention, the chancellor mayof order that the respondentcourt, beshall retainedissue as an emergency patient at any licensed medical facility for evaluation by a physician,writ nursedirected practitioner or physician assistant and that a peace officer transport the respondent to the specifiedsheriff facility.  If the community mental health center serving the county has partnered with Crisis Intervention Teams under the provisions of Sections 41-21-131 through 41-21-143, the orderproper may specify that the licensed medical facility be a designated single point of entry within the county orto withintake aninto adjacentcustody county served by the community mental health center.  If the person evaluatingalleged theto respondentbe finds that the respondent is mentally ill and in need of treatment,treatment theand chancellorto maybring order that the respondentperson bebefore retained at the licensedclerk medical facility or anychancellor, otherwho availableshall suitable location as the court may so designate pending an admission hearing.  If necessary, the chancellor may order apre-evaluation peacescreening officerand or other person to transport the respondent to that facility or suitable location.  Any respondent so retained may be given such treatment as is indicated by standard medical practice.  However, the respondentappropriate shallcommunity notmental behealth heldcenter inestablished aunder hospitalSection operated41-19-31. directly by the State Department of Mental Health, and shall not be held in jail unless the court finds that there is no reasonable alternative.

    The (5) community (a)  Whenever a licensed psychologist, nurse practitioner or physician assistant who is certified to complete examinations for the purpose of commitment or a licensed physician has reason to believe that a person poses an immediate substantial likelihood of physical harm to himself or others or is gravely disabled and unable to care for himself by virtue of mental illness,health ascenter defined in Section 41-21-61(e), then the physician, psychologist, nurse practitioner or physician assistant may hold the person or may admit the person to and treat the person in a licensed medical facility, without a civil order or warrant for a period not to exceed seventy-two (72) hours.  However, if the seventy-two-hour period begins or ends when the chancery clerk's office is closed, or within three (3) hours of closing, and the chancery clerk's office will be continuouslydesignated closedas for a time that exceeds seventy-two (72) hours, then the seventy-two-hourfirst periodpoint is extended until the end of theentry nextfor businessscreening day that the chancery clerk's office is open.  The person may be held and treatedtreatment. as an emergency patient at any licensed medical facility, available regional mental health facility, or crisis intervention center.  The physician or psychologist, nurse practitioner or physician assistant who holds the person shall certify in writing the reasons for the need for holding.

     If athe personcommunity ismental beinghealth heldcenter andis treatedunavailable, inany areputable licensed medicalphysician, facility,psychologist, andnurse thatpractitioner personor decidesphysician toassistant, continueas treatmentallowed byin voluntarilythe signingdiscretion consentof for admission and treatment, the seventy-two-hourcourt, hold may beconduct discontinuedthe withoutpre-evaluation filingscreening anand affidavitexamination for commitment.  Any respondent so held may be given such treatment as indicatedset byforth standard medical practice.  Persons acting in goodSection faith41-21-69. in connection with the detention and reporting of a person believed to be mentally ill shall incur no liability, civil or criminal, for those acts.

         The (b) order Whenevermay anprovide individualwhere is held for purposes of receiving treatment as prescribed under paragraph (a) of this subsection, and it is communicated to the mentalperson healthshall professional holding the individual that the individual resides or has visitation rights with a minor child, and if the individual is considered to be aheld dangerbefore to the minorappearance child,before the mentalclerk healthor professionalchancellor. shall notify the Department of * * * Human Child Protection Services prior to discharge if the threat of harm continues to exist, as is required under Section 43-21-353.

    However, Thiswhen paragraphthe (b)affidavit shallfails beto knownset forth factual allegations and maywitnesses besufficient citedto assupport the "Andrewneed Lloydfor Law."treatment,     the SECTIONchancellor 7. shall Sectionrefuse 41-21-69,to Mississippidirect Codeissuance of 1972,the iswrit. amended as follows:

    Reapplication 41-21-69. may (1)  (a)  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 inmade need of treatment and shall make a mental examination and physical evaluation of the person, and * * * shall each examiner must make a report and certificate of * * * their the findings of all mental and acute physical problems to the clerkchancellor. of the court. * * *  The  Each report and certificate * * * shall must set forth the facts as found by the * * * physicians or physician and psychologist, nurse practitioner or physician assistant appointed examiner and * * * shall must state 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.

         If (b) a Ifpauper's the * * *affidavit physiciansis orfiled by a guardian for commitment of the physicianward of the guardian, the court shall determine if the ward is a pauper and psychologist,if nursethe practitionerward oris physiciandetermined assistantto sobe appointeda examinerpauper, finds: the (i)county of the residence of the respondent hasshall mentalbear illness;the costs of commitment, unless funds for those purposes are made available by the state.

In any county in which a Crisis Intervention Team has been established under the provisions of Sections 41-21-131 through 19/SS36/SB2328A.1J *SS36/SB2328A.1J* PAGE 11 41-21-143, the clerk, upon the direction of the chancellor, may require that the person be referred to the Crisis Intervention Team for appropriate psychiatric or other medical services before the issuance of the writ.

(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.

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.

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.

(3) The clerk shall ascertain whether the respondent is represented by an attorney, and if it is determined that the respondent does not have an attorney, the clerk shall immediately 19/SS36/SB2328A.1J *SS36/SB2328A.1J* PAGE 12 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 immediately appoint an attorney for the respondent at the time the examiners are appointed.

(4) If the chancellor determines that there is probable cause to believe that the respondent is mentally ill and that there is no reasonable alternative to detention, the chancellor may order that the respondent be retained as an emergency patient at any licensed medical facility for evaluation by a physician, nurse practitioner or physician assistant and that a peace officer transport the respondent to the specified facility.

If the community mental health center serving the county has partnered with Crisis Intervention Teams under the provisions of Sections 41-21-131 through 41-21-143, the order may specify that the licensed medical facility be a designated single point of entry within the county or within an adjacent county served by the community mental health center.

If the person evaluating the respondent finds that the respondent is mentally ill and in need of treatment, the chancellor may order that the respondent be retained at the licensed medical facility or any other available suitable location as the court may so designate pending an admission hearing.

If necessary, the chancellor may order a peace officer or other person to transport the respondent to that facility or suitable location.

Any respondent so retained may be given such treatment as is indicated by standard medical practice.

19/SS36/SB2328A.1J *SS36/SB2328A.1J* PAGE 13 However, the respondent shall not be held in a hospital operated directly by the State Department of Mental Health, and shall not be held in jail unless the court finds that there is no reasonable alternative.

(5) (a) Whenever a licensed psychologist, nurse practitioner or physician assistant who is certified to complete examinations for the purpose of commitment or a licensed physician has reason to believe that a person poses an immediate substantial likelihood of physical harm to himself or others or is gravely disabled and unable to care for himself by virtue of mental illness, as defined in Section 41-21-61(e), then the physician, psychologist, nurse practitioner or physician assistant may hold the person or may admit the person to and treat the person in a licensed medical facility, without a civil order or warrant for a period not to exceed seventy-two (72) hours.

However, if the seventy-two-hour period begins or ends when the chancery clerk's office is closed, or within three (3) hours of closing, and the chancery clerk's office will be continuously closed for a time that exceeds seventy-two (72) hours, then the seventy-two-hour period is extended until the end of the next business day that the chancery clerk's office is open.

The person may be held and treated as an emergency patient at any licensed medical facility, available regional mental health facility, or crisis intervention center.

The physician or psychologist, nurse practitioner or 19/SS36/SB2328A.1J *SS36/SB2328A.1J* PAGE 14 physician assistant who holds the person shall certify in writing the reasons for the need for holding.

If a person is being held and treated in a licensed medical facility, and that person decides to continue treatment by voluntarily signing consent for admission and treatment, the seventy-two-hour hold may be discontinued without filing an affidavit for commitment.

Any respondent so held may be given such treatment as indicated by standard medical practice.

Persons acting in good faith in connection with the detention and reporting of a person believed to be mentally ill shall incur no liability, civil or criminal, for those acts.

(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 Human Services prior to discharge if the threat of harm continues to exist, as is required under Section 43-21-353.

This paragraph shall be known and may be cited as the "Andrew Lloyd Law." SECTION *.

Section 41-21-69, Mississippi Code of 1972, is brought forward as follows:

19/SS36/SB2328A.1J *SS36/SB2328A.1J* PAGE 15 41-21-69.

(1) (a) The physicians or physician and psychologist, nurse practitioner or physician assistant so appointed 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 shall make a report and certificate of their findings of all mental and acute physical problems to the clerk of the court.

The report and certificate shall set forth the facts as found by the physicians or physician and psychologist, nurse practitioner or physician assistant and shall state 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 physicians or the physician and psychologist, nurse practitioner or physician assistant so appointed finds:

(i) the respondent has mental illness;

(iii) based on the respondent's treatment history and other applicable medical or psychiatric indicia, the respondent is in need of treatment in order to prevent further disability or deterioration that would 19/SS36/SB2328A.1J *SS36/SB2328A.1J* PAGE 16 result in significant deterioration in the ability to carry out activities of daily living;

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

     (2)  The examinationsexamining shall be conducted and concluded within forty-eight (48) hours after the order for examination and appointment of attorney, and the certificates of the * * * physicians or the physician and psychologist, nurse practitioner or physician assistant appointed examiners shall bealso filedshow with the clerkname, ofaddress theand courttelephone withinnumber that time, unless the running of that period extends into nonbusiness hours, in which event the certificates * * * shall must be filed at the beginningproposed ofoutpatient thetreatment next business day.  However, if the * * * examining physicians or the physician and psychologist, nurse practitioner or physicianfacility. 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.

    (2) (3) The Atexaminations shall be conducted and concluded within forty-eight (48) hours after the beginningorder for examination and appointment of attorney, and the examination,certificates of the respondentphysicians shallor bethe toldphysician inand plainpsychologist, languagenurse ofpractitioner or physician assistant shall be filed with the purposeclerk of the examination,court thewithin possiblethat consequencestime, ofunless the examination,running of histhat orperiod herextends rightinto tononbusiness refusehours, toin answerwhich anyevent questions,the andcertificate hisshall orbe herfiled rightat tothe havebeginning hisof orthe hernext attorneybusiness present.day.

    However, SECTIONif 8. the Sectionexamining 41-21-71,physicians Mississippior Codethe physician and psychologist, nurse practitioner or physician assistant is of 1972,the opinion that additional time to complete the examination is amendednecessary, asand follows:this fact is communicated to the chancery clerk or chancellor, the clerk or chancellor shall have authority to extend the time for completion 19/SS36/SB2328A.1J *SS36/SB2328A.1J* PAGE 17 of the examination and the filing of the certificate, the extension to be not more than eight (8) hours.

    (3) 41-21-71. At If,the asbeginning a result of the examination, the appointedrespondent examinersshall certifybe thattold the person is not in needplain language of treatment, the chancellorpurpose or clerk shall dismiss the affidavit without the need for a further hearing.  If the chancellor or chancery clerk finds, based upon the * * * physicians' or the physician's and a psychologist's, nurse practitioner's or physician assistant's appointed examiners' certificates and any other relevant evidence, that the respondent is in need of treatment 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 clerkpossible shallconsequences immediately set the matter for a hearing.  The hearing shall be set within seven (7) days of the filingexamination, of thehis certificatesor unlessher anright extensionto isrefuse requestedto byanswer theany respondent'squestions, attorney. and Inhis noor eventher shallright theto hearinghave behis moreor thanher tenattorney (10)present. days after the filing of the certificates.

     SECTION 9. *. Section 41-21-77, Mississippi Code of 1972, is amended 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). 41-21-71, NoMississippi personCode shall be delivered or admitted to any non-Department of Mental1972, Health treatment facility unless the treatment facility is licensedbrought and/orforward 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 * * * physicians' or the physician's and psychologist's, nurse practitioner's or physician assistant's appointed 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 thefollows: 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.

    41-21-71. SECTION 10.  Section 41-21-79, Mississippi Code of 1972, is amended as follows:

    If, 41-21-79. as Thea costsresult 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,examination, and reasonable attorney's fees set by the court,examiners shallcertify bethat paid out of the fundsperson 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,in thoseneed costsof shalltreatment, be taxed against the respondentchancellor or hisclerk or her estate.  The total amount that may be charged for all of the costs incidental to the court proceedings shall notdismiss exceed Four Hundred Dollars ($400.00).  Costs incidental to the courtaffidavit proceedingswithout permitted under this section may not be charged to the affiantneed norfor includeda infurther thehearing. fees and assessments permitted under Section 41-21-65(6).

    If SECTIONthe 11. chancellor Theor followingchancery shallclerk befinds, codifiedbased upon the physicians' or the physician's and a psychologist's, nurse practitioner's or physician assistant's certificate and any other relevant evidence, that the respondent is in need of treatment and that certificate is filed with the chancery clerk within forty-eight (48) hours after the order for examination, or extension of that time as provided in Section 41-21-104,41-21-69, Mississippithe Codeclerk ofshall 1972:immediately set the matter for a hearing.

     41-21-104.  The courthearing 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, the court, upon affidavit in the same cause of action, may conduct a hearing consistent with this chapter or Title 41, Chapter 31, Mississippi Code of 1972, to determine whether the person needs to be recommittedset forwithin furtherseven mental(7) healthdays treatment or to determine whether the person is in need of alcohol and drug treatment.  Upon a finding by the courtfiling that the person is in need of further treatment, the courtcertificate mayunless commit the person to an appropriateextension treatment facility.  The person subject to commitment must be afforded the due process to which he or she is entitledrequested underby Chapters 21 and 31 of Title 41, Mississippi Code of 1972.  This section may not be construed so as to conflict with the provisionsrespondent's ofattorney. Section 41-21-87.

    In SECTIONno 12. event Sectionshall 41-31-1,the Mississippihearing Codebe ofmore 1972,than isten amended(10) asdays follows:after the filing of the certificate.

    19/SS36/SB2328A.1J 41-31-1. *SS36/SB2328A.1J* AsPAGE used18 inSECTION this*. chapter, the following words and phrases shall have the meanings * * * hereinafter ascribed to them, unless the context requires a different meaning * * *, to‑wit:

         Section (a) * * * 41-21-77, An Mississippi "Alcoholic" * * *shallCode means any person who chronically and habitually uses alcoholic beverages to the extent that he has lost the power of self-control1972, withis respectbrought toforward theas usefollows: of such beverages, or any person who, while chronically under the influence of alcoholic beverages, endangers public morals, health, safety or welfare.

         41-21-77. (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.

         If (c) admission "Alcoholism" * * *is shallordered meansat anya conditiontreatment offacility, abnormalthe behaviorsheriff, his or illnessher resultingdeputy directlyor any other person appointed or indirectlyauthorized fromby the chroniccourt andshall habitualimmediately usedeliver the respondent to the director of alcoholicthe beverages.appropriate facility.

         Neither (d) * * * the A Board "Drugof addict" * * *Mental shallHealth meansor anyits personmembers, whonor chronicallythe andDepartment habituallyof usesMental Health or its related facilities, nor any formemployee of habit-formingthe drugs,Department suchof asMental opioids,Health opiatesor andits therelated derivativesfacilities, thereof,shall barbiturates,be andappointed, everyauthorized tablet,or powder,ordered substance,to liquiddeliver orthe fluid,respondent patentedfor ortreatment, not,and containingno habit-formingperson drugsshall ifbe sameso isdelivered capableor ofadmitted beinguntil usedthe bydirector humanof beingsthe andadmitting producesinstitution drugdetermines addictionthat infacilities anyand formservices orare degree.available.

         Persons (e) who "Drughave addiction" * * *been shallordered means * * *committed and includeare anyawaiting conditionadmission ofmay abnormalbe behaviorgiven orany illnesssuch resultingtreatment directlyin orthe indirectlyfacility fromby thea chroniclicensed andphysician habitualas useis ofindicated habit-formingby drugs.standard medical practice.

         Any (f) county "Hospital"facility orused "institution" * * *for shallproviding meanshousing, eithermaintenance theand Mississippimedical Statetreatment Hospital,for atinvoluntarily Whitfield,committed Mississippi,persons orpending thetheir Easttransportation Mississippiand Stateadmission Hospital,to ata Meridian,state Mississippi,treatment andfacility shall includebe thecertified groundsby thereofthe andState theDepartment facilitiesof usedMental forHealth under the treatmentprovisions of alcoholicsSection and41-4-7(kk). the drug addicts.

         No (g) person "Medicalshall director" * * *be shalldelivered meansor theadmitted physicianto inany chargenon-Department of * * *of said: Mental (i)Health Mississippitreatment Statefacility Hospital,unless orthe (ii)treatment Eastfacility Mississippiis Statelicensed Hospital,and/or ascertified to provide the caseappropriate maylevel be.of psychiatric care for persons with mental illness.

    It SECTIONis 13. the Sectionintent 41-31-3,of Mississippithis CodeLegislature ofthat 1972,county-owned ishospitals amendedwork aswith follows:19/SS36/SB2328A.1J *SS36/SB2328A.1J* PAGE 19 regional community mental health/intellectual disability centers in providing care to local patients.

    The 41-31-3. clerk (1) shall Theprovide Departmentthe director of Mentalthe Healthadmitting mustinstitution developwith a Uniformcertified Alcoholcopy andof Drugthe Commitmentcourt Affidavitorder, toa becertified utilizedcopy 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 clerkphysicians' ofor the chanceryphysician's courtand topsychologist's, anynurse partypractitioner's or affiantphysician seekingassistant's certificate, a civilcertified commitmentcopy underof thisthe chapteraffidavit, and alsoany mustother beinformation made available toconcerning the publicphysical onand themental websitecondition of the Mississippirespondent. Department of Mental Health.

    Upon (2) notification Thefrom Departmentthe ofUnited MentalStates Health,Veterans inAdministration consultationor withother agency of the MississippiUnited ChanceryStates Clerksgovernment, Association,that thefacilities Mississippiare Conferenceavailable ofand Chancerythe Courtrespondent Judgesis eligible for care and treatment in those facilities, the Mississippicourt Associationmay ofenter Communityan Mentalorder Healthfor Centers,delivery mustof developthe arespondent writtento guideor noretention laterby thanthe JanuaryVeterans 1,Administration 2020,or settingother outagency of the stepsUnited States government, and, in those cases the commitmentchief process. officer Theto guidewhom shallthe respondent is so delivered or by whom he is retained shall, with respect to the respondent, be designatedvested with the same powers as the "Uniformdirector Alcoholof andthe DrugMississippi CommitmentState Guide"Hospital andat shallWhitfield, include,or butthe notEast beMississippi limitedState to,Hospital at Meridian, with respect to retention and discharge of the following:respondent.

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

         Section (b) 41-21-79, AMississippi scheduleCode of fees1972, andis assessmentsbrought thatforward willas befollows: charged to commence a commitment proceeding under this chapter;

         41-21-79. (c)  Eligibility requirements and instructions for filing a pauper's affidavit;

andThe          costs (d) incidental Ato statementthe oncourt theproceedings frontincluding, coverbut not limited to, court costs, prehearing hospitalization costs, cost of thetransportation, guidereasonable advisingphysician's, thatpsychologist's, personsnurse whopractitioner's pursueor anphysician alcohol19/SS36/SB2328A.1J *SS36/SB2328A.1J* PAGE 20 assistant's fees set by the court, and drugreasonable commitmentattorney's underfees thisset chapterby arethe notcourt, requiredshall tobe retainpaid anout attorneyof forthe anyfunds portionof the county of residence of the commitmentrespondent process.in those instances where the patient is indigent unless funds for those purposes are made available by the state.

    However, (3) if As soon as available but no later than January 1, 2020, the Uniformrespondent Alcoholis andnot Drugindigent, Commitmentthose Guidecosts mustshall be providedtaxed byagainst the clerkrespondent ofor thehis chancery court to any party or affianther seekingestate. 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.

    The (4) total Proceedingsamount forthat detention, care and treatment of any person alleged to be an alcoholic or drug addict may be initiatedcharged orfor institutedall by such person's husband, wife, child, mother, father, next of kin, or by any friend or relative thereof, or by the countycosts healthincidental officer. to 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 ofproceedings 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 requireexceed anFour affiantHundred toDollars retain($400.00). 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:

    Section 41-31-5. 41-32-3, (1) Mississippi Whenever * * *Code suchof a1972, petition shall be an affidavit is filed,brought theforward chancelloras offollows: 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.

    41-32-3. (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.

    Any (3) interested Atperson themay timefile fixed,a thecomplaint chancellor shall hear evidence on * * * said petition the affidavit, with or without the presencechancery ofcourt thefor allegeda alcoholicjudgment or drug addict, and all persons interested shall have the right to appear and present evidence touching upon the truth and correctness of thecommittal allegations of * * * said petition the affidavit.  The said chancellor, in histermtime 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 reachingvacation. a decision in said matter.

    The (4) complaint 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 institutionfacts 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 anestablish: 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.

    (a) (5)  (a)  If the chancellordefendant determinesis underan this section that the alleged alcoholic or drug addictaddict, isi.e., inhe needis ofpowerless careover andalcohol treatmentor butdrugs, also affirmatively finds that the alleged alcoholic or drugboth, addictand would benefit from the less restrictive option of an outpatient treatment program, the chancellor, in his discretionlife andhas uponthereby agreementbecome ofunmanageable; 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 19/SS36/SB2328A.1J *SS36/SB2328A.1J* PAGE 21 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. *. Section 41-32-5, Mississippi Code of 1972, is amended as follows:

    Section 41-32-5. 41-32-5, (1) Mississippi TheCode chancellor shall schedule with the affiant 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 * * *1972, complaintis affidavit. brought Theforward caseas shallfollows: 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 * * * complaint affidavit.

    41-32-5. (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 must appoint an attorney for the respondent before a hearing on the affidavit.

    The (3)  If the defendant admits the truth and correctness of the allegations of the * * * complaint affidavit, or if the chancellor shall findschedule fromwith the evidencecomplainant that the defendant is an alcoholic or drug addict, or both, and is in need of detention, care and treatment in a privatetime treatmenton facility, and that the other material allegations of the * * * complaint affidavit are true, then the chancellor shall enter a judgmentday socertain 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 treatmenthearing ofthereof, chemicallynot dependentless persons,than asfive the(5) chancellor,days innor hismore discretion,than deemstwenty to(20) bedays infrom the bestfiling interest of the defendant.complaint.

AnyThe suchcase order for the commitment of the defendant shall requirebe thattriable theupon defendantthree be(3) committeddays' forservice such period of timeprocess as the chancellor shall determine, in his discretion, as is necessary to provide for the care and treatmentservice of thenotice defendant or for such other period of time as may be established by authorized personnel at the designatedtime 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 notthe morehearing. than two (2) months and an outpatient facility for not more than six (6) months, subject to institutional earlier release.

    At SECTIONthe 19. time Sectionfixed, 41-32-7,the Mississippichancellor Codeshall hear the evidence in the presence of 1972,the isdefendant amendedif ashe follows: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 complaint.

    If 41-32-7. the Upondefendant allegationadmits inthe the * * *truth complaint affidavit and uponcorrectness clearof andthe convincingallegations proofof that the defendantcomplaint, isor underif the influencechancellor ofshall alcoholfind orfrom drugs, or both, to the extentevidence that if the defendant is servedan withalcoholic processor hedrug will,addict, inor allboth, likelihood,and fleeis thein jurisdictionneed of thedetention, courtcare orand physicallytreatment harmin himselfa orprivate others,treatment thenfacility, theand chancellorthat may,the inother hismaterial discretion,allegations setof the mattercomplaint forare hearingtrue, notthen morethe thanchancellor fiveshall (5)enter days,a excludingjudgment Saturdays,so Sundaysfinding, and legalshall holidays,order fromthat the19/SS36/SB2328A.1J filing*SS36/SB2328A.1J* ofPAGE the * * *22 complaintsuch affidavit,person andbe order the defendant committed to and confined,confined withoutin notice, until the hearing, to a chemical dependency unit, alcohol and drug unit, outpatient house or any other private facilitytreatment facility, within or outside the state, for the treatment of chemically dependent persons.persons, as the chancellor, in his discretion, deems to be in the best interest of the defendant.

    Any SECTIONsuch 20. order Sectionfor 41-32-11,the Mississippicommitment Codeof the defendant shall require that the defendant be committed for such period of 1972,time as the chancellor shall determine, in his discretion, as is amendednecessary to provide for the care and treatment of the defendant or for such other period of time as follows:may be established by authorized personnel at the designated facility or facilities;

    provided, 41-32-11. however, Thein chancellorno mayevent ordershall assistancesuch byperiod the sheriff of theconfinement county,extend orbeyond anya otherperiod countyof ineight confining(8) andmonths. transporting the defendant to the facility, at the expense of * * * complainant the committing county.

    The SECTIONchancellor 21. may Sectionrequire 25-31-11,treatment Mississippiat Codea combination of 1972,facilities isor amendedmay asdesignate follows: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.

    SECTION 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;

butSection if41-32-7, twoMississippi (2)Code 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 the1972, stateis againstbrought anyforward 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 iffollows: 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.

    41-32-7. (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.

    Upon (3) allegation Thein validitythe complaint and upon clear and convincing proof that the defendant is under the influence of anyalcohol judgmentor drugs, or sentenceboth, shallto notthe beextent affectedthat byif the divisiondefendant ofis jurisdictionserved underwith thisprocess section,he andwill, noin judgmentall orlikelihood, sentenceflee maythe bejurisdiction reversedof the court or modifiedphysically uponharm himself or others, then the basischancellor thatmay, in his discretion, set the casematter wasfor 19/SS36/SB2328A.1J *SS36/SB2328A.1J* PAGE 23 hearing not processedmore accordingthan 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 thisa section.chemical dependency unit, alcohol and drug unit, outpatient house or any other private facility for the treatment of chemically dependent persons.

    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.

    Section (5) 41-32-11, WhereMississippi anyCode statute of this1972, 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 nobrought electedforward countyas prosecutingfollows: attorney, and any such matter shall be handled pursuant to Section 19-3-49, Mississippi Code of 1972.

    41-32-11. (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 severalchancellor districtmay attorneysorder shallassistance submitby reports of revenues and expenditures and shall submit budget requests as required for State General Fund agencies.  For purposes of budget control, the severalsheriff offices of district attorney shall be considered General Fund agencies and the budgetcounty, andor accounts of the several offices, including salaries, travel expenses, office expenses and any other expenditurescounty orin revenues,confining shalland betransporting consolidatedthe fordefendant allto districtsthe asfacility, farat asthe suchexpense consolidationof iscomplainant. practical.

    SECTION 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.

    Section (8) 41-30-27, AMississippi districtCode attorney shall be authorized to assign the duties of employees1972, regardlessis ofbrought theforward sourceas offollows: funding for such employees.

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

    (1) 41-30-27. (a) (1)  (a)  A person may be admitted to an approved public or private treatment facility for emergency care and treatment upon a decree of the chancery court accepting an application for admission thereto accompanied by the certificate of two (2) licensed physicians. physicians. The application shall be to the chancery court of the county of such person's residence and may be made by any one (1) of the following:  Either certifying physician, the patient's spouse or guardian, any relative of the patient, or any other person responsible for health, safety or welfare of all or part of the citizens within said chancery court's territorial jurisdiction.  The application shall state facts to support the need for immediate commitment, including factual allegations showing that the person to be committed has threatened, attempted or actually inflicted physical harm upon himself or another.  The physicians' certificates shall state that they examined the person within two (2) days of the certificate date and shall set out the facts to support the physicians' conclusion that the person is an alcoholic or drug addict who has lost the power of self-control with respect to the use of alcoholic beverages or habit-forming drugs and that unless immediately committed he is likely to inflict physical harm upon himself or others.  A hearing on such applications shall be heard by the chancery court in term time or in vacation, and the hearing shall be held in the presence of the person sought to be admitted unless he fail or refuse to attend.  Notice of the hearing shall be given to the person sought to be admitted, as soon as practicable after the examination by the certifying physicians, and the person sought to be admitted shall have an opportunity to be represented by counsel, and shall be entitled to have compulsory process for the attendance of witnesses.

         The (b) application Forshall be to the purposechancery court of thisthe section,county theof termsuch "drugperson's addict"residence shalland havemay thebe meaningmade ascribedby toany itone by(1) Sectionof 41-31-1(d).the following:

    Either (2) certifying Thephysician, chancery judge may refuse an application if in his opinion the applicationpatient's andspouse certificateor failguardian, toany sustainrelative the grounds for commitment.  Upon acceptance of the applicationpatient, afteror hearingany thereonother and decree sustaining the application by the judge, the person shallresponsible be transported to the facility by a peace officer, health officer, the applicant for commitment,health, thesafety patient's spouse or thewelfare patient'sof guardian. all Theor personpart shallof be retained at the facilitycitizens thatwithin admittedsaid him,chancery orcourt's beterritorial transferredjurisdiction. to any other appropriate treatment resource, until discharged pursuant to subsection (3).

     (3)  The attendingapplication physician shall dischargestate anyfacts person committed pursuant to thissupport sectionthe whenneed hefor determinesimmediate thatcommitment, theincluding grounds19/SS36/SB2328A.1J for*SS36/SB2328A.1J* commitmentPAGE no24 longerfactual exist,allegations butshowing nothat the person committed pursuant to thisbe sectioncommitted shallhas bethreatened, retainedattempted inor anyactually facilityinflicted forphysical moreharm thanupon fivehimself (5)or days.another.

     (4)  The applicationphysicians' filedcertificates pursuant to subsection (1) of this section shall alsostate contain * * *that athey petitionexamined anthe affidavitperson forwithin involuntarytwo commitment(2) pursuantdays to Title 41, Chapter 31, Mississippi Code of 1972.  If the applicationcertificate fordate emergencyand involuntaryshall commitmentset isout acceptedthe underfacts subsectionto (2)support of this section, the chanceryphysicians' judgeconclusion shallthat orderthe aperson hearingis onan the * * *alcoholic petitionor affidavitdrug foraddict commitmentwho pursuanthas tolost Titlethe 41,power Chapterof 31,self-control Mississippiwith Coderespect of 1972, to bethe helduse onof thealcoholic fifthbeverages dayor ofhabit-forming suchdrugs involuntaryand emergencythat commitment,unless theimmediately provisionscommitted ofhe Sectionis 41-31-5likely regardingto theinflict timephysical ofharm hearingupon tohimself theor contraryothers. notwithstanding;

A hearing on such applications shall be heard by the chancery court in term time or in vacation, and the hearing shall be held in the presence of the person sought to be admitted unless he fail or refuse to attend.

Notice of the hearing shall be given to the person sought to be admitted, as soon as practicable after the examination by the certifying physicians, and the person sought to be admitted shall have an opportunity to be represented by counsel, and shall be entitled to have compulsory process for the attendance of witnesses.

(b) For the purpose of this section, the term "drug addict" shall have the meaning ascribed to it by Section 41-31-1(d).

(2) The chancery judge may refuse an application if in his opinion the application and certificate fail to sustain the grounds for commitment.

Upon acceptance of the application after hearing thereon and decree sustaining the application by the 19/SS36/SB2328A.1J *SS36/SB2328A.1J* PAGE 25 judge, the person shall be transported to the facility by a peace officer, health officer, the applicant for commitment, the patient's spouse or the patient's guardian.

The person shall be retained at the facility that admitted him, or be transferred to any other appropriate treatment resource, until discharged pursuant to subsection (3).

(3) The attending physician shall discharge any person committed pursuant to this section when he determines that the grounds for commitment no longer exist, but no person committed pursuant to this section shall be retained in any facility for more than five (5) days.

(4) The application filed pursuant to subsection (1) of this section shall also contain a petition 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 petition 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;

    19/SS36/SB2328A.1J SECTION*SS36/SB2328A.1J* 23. PAGE Section26 99-43-35,FURTHER, MississippiAMEND Codethe oftitle 1972,on isline amended14 asby follows:inserting after the semicolon thereon the following:

    TO 99-43-35. BRING TheFORWARD victimSECTION has41-31-1, theMISSISSIPPI rightCODE toOF the1972, followingFOR information:PURPOSES OF AMENDMENT;

         TO (a) BRING AsFORWARD soonSECTION as41-31-3, practicableMISSISSIPPI afterCODE theOF date1972, ofFOR sentencing,PURPOSES theOF officeAMENDMENT; of the prosecuting attorney shall notify the victim of the sentence imposed on the defendant.

         TO (b) BRING TheFORWARD names,SECTION addresses41-31-5, andMISSISSIPPI telephoneCODE numbersOF of1972, theFOR appropriatePURPOSES agenciesOF andAMENDMENT; departments to whom request for notice should be provided.

         TO (c) BRING TheFORWARD statusSECTION of41-31-11, anyMISSISSIPPI post-convictionCODE courtOF review1972, orFOR appellatePURPOSES proceedingOF orAMENDMENT; 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.

         TO (d) BRING UponFORWARD anySECTION post-arrest41-21-61, releaseMISSISSIPPI ofCODE theOF defendant,1972, theFOR sheriffPURPOSES orOF municipalAMENDMENT; 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.

         TO (e) BRING TheFORWARD agencySECTION having41-21-65, physicalMISSISSIPPI custodyCODE ofOF a1972, prisonerFOR shall,PURPOSES ifOF providedAMENDMENT; 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.

         TO (f) BRING UponFORWARD receivingSECTION notice41-21-67, fromMISSISSIPPI theCODE DepartmentOF of1972, MentalFOR HealthPURPOSES ofOF theAMENDMENT; 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.

    TO SECTIONBRING 24. FORWARD ThisSECTION act41-21-69, shallMISSISSIPPI takeCODE effectOF and1972, beFOR inPURPOSES forceOF fromAMENDMENT; and after July 1, 2019.

TO BRING FORWARD SECTION 41-21-71, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF AMENDMENT;

TO BRING FORWARD SECTION 41-21-77, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF AMENDMENT;

TO BRING FORWARD SECTION 41-21-79, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF AMENDMENT;

TO BRING FORWARD SECTION 41-32-3, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF AMENDMENT;

TO BRING FORWARD SECTION 41-32-5, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF AMENDMENT;

TO BRING FORWARD SECTION 41-32-7, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF AMENDMENT;

TO BRING FORWARD SECTION 41-32-11, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF AMENDMENT;

TO BRING FORWARD SECTION 41-30-27, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF AMENDMENT;

TO CREATE NEW CODE SECTIONS 41-31-18 AND 41-21-104, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR CONTINUING JURISDICTION OF THE COURT UNDER CERTAIN CIRCUMSTANCES;

19/SS36/SB2328A.1J *SS36/SB2328A.1J* PAGE 27