Senate Bill 2779

AN ACT TO CODIFY SECTION 41-21-68, MISSISSIPPI CODE OF 1972, TO PRESCRIBE STANDARDS FOR COMMUNITY MENTAL HEALTH CENTER REGIONAL HOLDING FACILITIES FOR PERSONS BEING HELD FOR THE PURPOSE OF CIVIL COMMITMENT; TO AUTHORIZE CONTRIBUTIONS FROM THE COUNTIES FOR THE OPERATION OF SUCH HOLDING FACILITIES AND AUTHORIZE A STATE MATCH TO THE LOCAL CONTRIBUTIONS TO BE INCLUDED IN THE ANNUAL APPROPRIATION TO THE MISSISSIPPI DEPARTMENT OF MENTAL HEALTH; TO PRESCRIBE OPERATIONAL STANDARDS FOR THE HOLDING FACILITIES TO RECEIVE PUBLIC FUNDING; TO PROVIDE THAT PERSONS TAKEN TO A HOLDING FACILITY, WITNESSES AND TREATMENT PROFESSIONALS MAY PARTICIPATE IN COMMITMENT PROCEEDINGS BY VIDEOCONFERENCING AND NOT BE REQUIRED TO APPEAR AT THE COURT'S LOCATION; TO CLARIFY VENUE FOR PURPOSES OF CIVIL COMMITMENT OF PERSONS IN HOLDING FACILITIES; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The following provision shall be codified as Section 41-21-68, Mississippi Code of 1972:

41-21-68. (1) Regional commissions established pursuant to Section 41-19-31 are authorized to establish regional holding facilities for the treatment and holding of any person eighteen (18) years of age or older being held for the purpose of civil commitment.

(2) For the purpose of establishing regional holding facilities, each regional commission is authorized to create a holding facility fund and enter into holding facility cooperative agreements with counties both inside and outside the regional commission's designated region. Each county electing to participate in use of a regional holding facility shall contribute to the regional commission's holding facility fund One Dollar ($1.00) for each person in the county's population as determined by the most recent decennial census. Upon receipt of the county's contribution, the State of Mississippi shall match the county's contribution by paying Two Dollars ($2.00) into a regional commission's holding facility fund for every One Dollar ($1.00) received from the counties. The State of Mississippi's contribution shall be included in the annual appropriation to the Mississippi Department of Mental Health as a line item designated specifically for the purpose of matching county contributions to the holding facility funds established under this section. Upon a determination by the Department of Mental Health that participating counties have made the counties' required contributions, the department shall make the state's contribution from the department's designated holding facility state match appropriation until such time as the designated holding facility state match appropriation is exhausted.

(3) Crisis stabilization units operating and receiving state funds from the Department of Mental Health as of January 1, 2015, shall not be eligible for the holding facility state matching contributions described herein. The matching funds described herein shall only be allocated to holding facilities established pursuant to the authority granted under this section. Regional commissions requesting decertification of any such crisis stabilization unit to reestablish the unit as a regional holding facility under this section so as to be eligible for state matching contributions may do so only with the approval of the Department of Mental Health.

(4) Counties not contributing to a regional commission holding facility fund shall not be entitled to use of a holding facility. No patient shall be ordered by any court to a holding facility established under this section if the county in which the commitment action is pending has not entered into a cooperative agreement with a regional commission and has not made its required contribution to a regional commission holding facility fund.

(5) Holding facilities established under this section shall at a minimum comply with the operational standards for holding facilities established by the Mississippi Department of Mental Health. Holding facilities may also seek designation and certification as a Crisis Stabilization Unit, Single Point of Entry, and other type of treatment facility so that they may receive reimbursement from the Division of Medicaid for eligible patients.

(6) Holding facilities and committing courts shall not remove persons from the facility unless such removal is for clinical purposes. Persons taken to a holding facility established under this section and any treatment professionals called as witnesses shall not be required to appear at the court's location for commitment proceedings, except when extraordinary circumstances are found and determined as reflected by a written order of the Chancellor. For the purpose of civil commitment hearings, persons being committed and treatment professionals may participate through videoconferencing. Holding facilities established under this section shall have the capacity and ability to provide videoconferencing between the person being held, the committing court, and treatment professionals. Any attorney for the person being held shall be present at the location of the person during videoconferenced hearings and shall have the ability to consult in private with the person.

(7) Holding facilities are authorized to provide any necessary treatment in person or through the use of videoconferencing between the person and the treatment professional.

(8) For purposes of public participation, jurisdiction and venue, the location of the commitment actions for persons being held at holding facilities under this section shall be deemed to be the county of the committing court, though the individual being committed and treatment professionals may be physically located in other jurisdictions when participating in any hearing through videoconference. The jurisdiction of the committing court and law enforcement officials transporting persons to holding facilities shall extend to other jurisdictions for the purpose of conducting hearings held by videoconferencing, and for the purpose of holding and transporting individuals to holding facilities established in this section.

(9) Persons being held or detained for the purpose of civil commitment shall not have a jail photograph or "mug shot" published, except as permitted under Section 41-21-97. Persons and businesses who publish such photographs shall immediately remove the photographs from publication, and destroy any and all copies of such photographs in their possession.

SECTION 2. This act shall take effect and be in force from and after July 1, 2015.