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H. B. No. 349 *HR43/R1432* ~ OFFICIAL ~ G1/2
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To: Public Health and Human
Services
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Creekmore IV
HOUSE BILL NO. 349
AN ACT TO AMEND SECTION 41-21-77, MISSISSIPPI CODE OF 1972, 1
TO DELETE THE PROVISION THAT REQUIRES CHANCERY CLERKS TO KEEP 2
CERTAIN RECORDS RELATING TO COURT-ORDERED ADMISSIONS TO TREATMENT 3
FACILITIES AND DENIALS FOR ADMISSION TO COMMUNITY MENTAL HEALTH 4
CENTER CRISIS STABILIZATION BEDS, AND TO PROVIDE THOSE RECORDS TO 5
THE DEPARTMENT OF MENTAL HEALTH EACH CALENDAR QUARTER; AND FOR 6
RELATED PURPOSES. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 8
SECTION 1. Section 41-21-77, Mississippi Code of 1972, is 9
amended as follows: 10
41-21-77. * * * If admission is ordered at a treatment 11
facility, the sheriff, his or her deputy or any other person 12
appointed or authorized by the court shall immediately deliver the 13
respondent to the director of the appropriate facility. Neither 14
the Board of Mental Health or its members, nor the Department of 15
Mental Health or its related facilities, nor any employee of the 16
Department of Mental Health or its related facilities, shall be 17
appointed, authorized or ordered to deliver the respondent for 18
treatment, and no person shall be so delivered or admitted until 19
the director of the admitting institution determines that 20
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facilities and services are available. Persons who have been 21
ordered committed and are awaiting admission may be given any such 22
treatment in the facility by a licensed physician as is indicated 23
by standard medical practice. Any county facility used for 24
providing housing, maintenance and medical treatment for 25
involuntarily committed persons pending their transportation and 26
admission to a state treatment facility shall be certified by the 27
State Department of Mental Health under the provisions of Section 28
41-4-7(kk). No person shall be delivered or admitted to any 29
non-Department of Mental Health treatment facility unless the 30
treatment facility is licensed and/or certified to provide the 31
appropriate level of psychiatric care for persons with mental 32
illness. It is the intent of this Legislature that county-owned 33
hospitals work with regional community mental health/intellectual 34
disability centers in providing care to local patients. The clerk 35
shall provide the director of the admitting institution with a 36
certified copy of the court order, a certified copy of the 37
appointed examiners' certificates, a certified copy of the 38
affidavit, and any other information available concerning the 39
physical and mental condition of the respondent. Upon 40
notification from the United States Veterans Administration or 41
other agency of the United States government, that facilities are 42
available and the respondent is eligible for care and treatment in 43
those facilities, the court may enter an order for delivery of the 44
respondent to or retention by the Veterans Administration or other 45
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ST: Mental health; delete requirement for
chancery clerks to provide certain records to
DMH each quarter.
agency of the United States government, and, in those cases the 46
chief officer to whom the respondent is so delivered or by whom he 47
is retained shall, with respect to the respondent, be vested with 48
the same powers as the director of the Mississippi State Hospital 49
at Whitfield, or the East Mississippi State Hospital at Meridian, 50
with respect to retention and discharge of the respondent. 51
* * * 52
SECTION 2. This act shall take effect and be in force from 53
and after July 1, 2026. 54