Drug and alcohol treatment; require 30-day minimum in-patient treatment.

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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Calvert

HOUSE BILL NO. 976

AN ACT TO AMEND SECTIONS 41-30-19, 41-30-27 AND 41-32-5, 1
MISSISSIPPI CODE OF 1972, TO REQUIRE A THIRTY-DAY MINIMUM FOR DRUG 2
AND ALCOHOL TREATMENT; TO AMEND SECTION 41-31-5, MISSISSIPPI CODE 3
OF 1972, WHICH REGULATES INVOLUNTARY COMMITMENT OF ALCOHOLICS, TO 4
CONFORM TO THE PRECEDING SECTIONS; AND FOR RELATED PURPOSES. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 6
SECTION 1. Section 41-30-19, Mississippi Code of 1972, is 7
amended as follows: 8
41-30-19. The judge of any court, before whom appears an 9
individual charged with a second or subsequent offense of public 10
intoxication, may, upon a plea of guilty or conviction suspend 11
execution of sentence and require the offender to participate in 12
and complete a prescribed course of alcohol abuse treatment and 13
rehabilitation. The judge shall consult with the division to 14
determine the course of treatment best suited to the needs of the 15
convicted person. The convicted person while participating in the 16
course of treatment shall not be considered committed, civilly or 17
criminally, as otherwise provided by law for commitment to any 18
institution; provided that no judge may require in-patient care 19
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for a period of less than thirty (30) days and not in excess of 20
ninety (90) days. Upon completion of the course of treatment 21
prescribed by the judge, the sentence shall not be executed. The 22
convicted person, if financially able, shall be responsible for 23
defraying any cost of the prescribed course of treatment. 24
SECTION 2. Section 41-30-27, Mississippi Code of 1972, is 25
amended as follows: 26
41-30-27. (1) A person may be admitted to an approved 27
public or private treatment facility for emergency care and 28
treatment upon a decree of the chancery court accepting an 29
affidavit for admission to the facility accompanied by a 30
pre-affidavit screening and the certificates of two (2) licensed 31
physicians. Before filing an affidavit for commitment of an 32
individual, the relative or interested person shall be connected 33
with the community mental health center for a pre-affidavit 34
screening as set forth in Section 41-31-5. The pre-affidavit 35
screening is mandatory and must be completed before any affidavit 36
for commitment is filed. The affidavit shall be to the chancery 37
court of the county of such person's residence and may be made by 38
a relative or interested person. The affidavit shall state facts 39
to support the need for immediate commitment, including factual 40
allegations showing that the person to be committed has 41
threatened, attempted or actually inflicted physical harm upon 42
himself or another. The physicians' certificates shall state that 43
they examined the person within two (2) days of the certificate 44
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date and shall set out the facts to support the physicians' 45
conclusion that the person is an alcoholic or drug addict who has 46
lost the power of self-control with respect to the use of 47
alcoholic beverages or habit-forming drugs and that unless 48
immediately committed he or she is likely to inflict physical harm 49
upon himself or herself or others. A hearing on the pre-affidavit 50
screening and certificates shall be heard by the chancery court in 51
term time or in vacation, and the hearing shall be held in the 52
presence of the person sought to be admitted unless he or she 53
fails or refuses to attend. Notice of the hearing shall be given 54
to the person sought to be admitted, as soon as practicable after 55
the examination by the certifying physicians, and the person 56
sought to be admitted shall have an opportunity to be represented 57
by counsel, and shall be entitled to have compulsory process for 58
the attendance of witnesses. 59
(2) The chancery judge may refuse an affidavit if in his or 60
her opinion the affidavit, pre-affidavit screening and 61
certificates fail to sustain the grounds for commitment. Upon 62
acceptance of the affidavit after hearing thereon and decree 63
sustaining the affidavit by the judge, the person shall be 64
transported to the facility by a peace officer, health officer, 65
the affiant for commitment, the patient's spouse or the patient's 66
guardian. The person shall be retained at the facility that 67
admitted him or her, or be transferred to any other appropriate 68
treatment resource, until discharged pursuant to subsection (3). 69
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(3) The attending physician shall discharge any person 70
committed pursuant to this section when he or she determines that 71
the grounds for commitment no longer exist, but no person 72
committed pursuant to this section shall be retained in any 73
facility for * * * less than thirty (30) days, unless otherwise 74
required by the court. 75
(4) If the affidavit for emergency involuntary commitment is 76
accepted under subsection (2) of this section, the chancery judge 77
shall order a hearing on the affidavit for commitment pursuant to 78
Title 41, Chapter 31, Mississippi Code of 1972, to be held on the 79
fifth day of such involuntary emergency commitment, the provisions 80
of Section 41-31-5 regarding the time of hearing to the contrary 81
notwithstanding; however, at the time of such involuntary 82
commitment, the alleged alcoholic or drug addict shall be served 83
with a citation to appear at the hearing and shall have an 84
opportunity to be represented by counsel. 85
SECTION 3. Section 41-32-5, Mississippi Code of 1972, is 86
amended as follows: 87
41-32-5. (1) The chancellor shall schedule with the affiant 88
a time on a day certain for the hearing thereof, not less than 89
five (5) days nor more than twenty (20) days from the filing of 90
the affidavit. The case shall be triable upon three (3) days' 91
service of process and service of notice of the time for the 92
hearing. At the time fixed, the chancellor shall hear the 93
evidence in the presence of the defendant if he will appear, and 94
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without the presence of the defendant if he will not appear, and 95
all persons interested shall have the right to appear and present 96
evidence touching upon the truth and correctness of the 97
allegations of the affidavit. 98
(2) The clerk must ascertain whether the respondent is 99
represented by an attorney, and if it is determined that the 100
respondent does not have an attorney, the clerk immediately must 101
notify the chancellor of that fact. If the chancellor determines 102
that the respondent for any reason does not have the services of 103
an attorney, the chancellor must appoint an attorney for the 104
respondent before a hearing on the affidavit. 105
(3) If the defendant admits the truth and correctness of the 106
allegations of the affidavit, or if the chancellor shall find from 107
the evidence that the defendant is an alcoholic or drug addict, or 108
both, and is in need of detention, care and treatment in a private 109
treatment facility, and that the other material allegations of the 110
affidavit are true, then the chancellor shall enter a judgment so 111
finding, and shall order that such person be committed to and 112
confined in a chemical dependency unit, alcohol and drug unit, 113
outpatient house or any other private treatment facility, within 114
or outside the state, for the treatment of chemically dependent 115
persons, as the chancellor, in his discretion, deems to be in the 116
best interest of the defendant. Any such order for the commitment 117
of the defendant shall require that the defendant be committed for 118
such period of time as the chancellor shall determine, in his 119
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discretion, except such commitment shall not be less than thirty 120
(30) days, as is necessary to provide for the care and treatment 121
of the defendant or for such other period of time as may be 122
established by authorized personnel at the designated facility or 123
facilities; however, in no event shall such period of confinement 124
extend beyond a period of eight (8) months. The chancellor may 125
require treatment at a combination of facilities or may designate 126
commitment at an inpatient facility for not more than two (2) 127
months and an outpatient facility for not more than six (6) 128
months, subject to institutional earlier release. 129
SECTION 4. Section 41-31-5, Mississippi Code of 1972, is 130
amended as follows: 131
41-31-5. (1) (a) Before filing an affidavit for inpatient 132
commitment or outpatient treatment of an individual, the relative 133
or interested person shall be connected with the community mental 134
health center in the county of financial responsibility or the 135
county where the proposed patient is present for conduct of 136
preliminary investigation to determine the need to file an 137
affidavit for inpatient commitment or outpatient treatment. If 138
the community mental health center is unavailable, any licensed 139
physician may conduct the pre-affidavit screening. The 140
pre-affidavit screening shall be completed within twenty-four (24) 141
hours of the community mental health center being notified. The 142
community mental health center shall provide the pre-affidavit 143
screening report to the chancery clerk for the county in which the 144
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affidavit is to be filed upon completion. The community mental 145
health center shall appoint a screener to conduct an 146
investigation. The prospective affiant may not be the 147
pre-affidavit screener. The investigation must include: 148
(i) An interview with the proposed patient and 149
other individuals who appear to have knowledge of the condition of 150
the proposed patient, if practicable. In-person interviews with 151
the proposed patient are preferred. If the proposed patient is 152
not interviewed, specific reasons must be documented; 153
(ii) Identification and investigation of specific 154
alleged conduct that is the basis for application; and 155
(iii) Identification, exploration and listing of 156
the specific reasons for rejecting or recommending alternatives to 157
inpatient commitment or outpatient treatment. 158
(b) In conducting the investigation required by this 159
subsection, the screener shall have access to all relevant medical 160
records of proposed patients currently in treatment facilities, 161
state-operated treatment programs, or community-based treatment 162
programs. Data collected pursuant to this paragraph (b) shall be 163
considered private data on individuals. The pre-affidavit 164
screening report is not admissible as evidence in court except by 165
agreement of counsel or as permitted by the rules of court and is 166
not admissible in any court proceedings unrelated to the 167
commitment proceedings. 168
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(c) When the pre-affidavit screener recommends 169
commitment, a written report shall be sent to the chancery clerk 170
for the county in which the petition is to be filed. The 171
statement of facts contained in the written report must meet the 172
requirements of Section 41-31-3(4), specifically certifying that a 173
less restrictive alternative treatment was considered and 174
specifying why treatment less restrictive than inpatient 175
commitment or outpatient treatment is not appropriate. 176
(d) The pre-affidavit screener shall refuse to support 177
the filing of an affidavit if the investigation does not disclose 178
evidence sufficient to support inpatient commitment or outpatient 179
treatment. Notice of the pre-affidavit screener's decision shall 180
be provided to the prospective affiant and the court. If an 181
inpatient or outpatient commitment is not recommended, the 182
pre-affidavit screener shall provide the prospective petitioner 183
with connection to other alternative services and resources 184
available and offered, if appropriate. 185
(e) If the interested person wishes to proceed with a 186
petition contrary to the recommendation of the pre-affidavit 187
screener, application may be made directly to the chancellor, who 188
shall determine whether or not to proceed with the petition. 189
Notice of the chancellor's determination shall be provided to the 190
interested party. 191
(f) Notwithstanding the requirements of this section, a 192
pre-affidavit screening shall not be required if the individual to 193
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be committed is being treated in a licensed hospital with licensed 194
acute psychiatric beds and has already had two (2) qualified 195
professional evaluations, provided that the licensed hospital 196
notifies the community mental health center that the individual is 197
in the hospital at least twenty-four (24) hours before filing the 198
affidavit. 199
(2) Whenever an affidavit is filed, the chancellor of the 200
court shall, by order, fix a time upon a day certain for the 201
hearing thereof, either in termtime or in vacation, which hearing 202
shall be fixed not less than five (5) days nor more than twenty 203
(20) days from the filing of the affidavit. The person alleged to 204
be an alcoholic or drug addict shall be served with a citation to 205
appear at the hearing not less than three (3) days prior to the 206
day fixed for the hearing, and there shall be served with such 207
citation a true and correct copy of the affidavit. 208
(3) The clerk must ascertain whether the respondent is 209
represented by an attorney, and if it is determined that the 210
respondent does not have an attorney, the clerk immediately must 211
notify the chancellor of that fact. If the chancellor determines 212
that the respondent for any reason does not have the services of 213
an attorney, the chancellor shall appoint an attorney for the 214
respondent before a hearing on the affidavit. 215
(4) At the time fixed, the chancellor shall hear evidence on 216
the affidavit, with or without the presence of the alleged 217
alcoholic or drug addict, and all persons interested shall have 218
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the right to appear and present evidence touching upon the truth 219
and correctness of the allegations of the affidavit. The 220
chancellor, in his or her discretion, may require that the alleged 221
alcoholic or drug addict be examined by the county health officer 222
or by such other competent physician or physicians as the 223
chancellor may select, and may consider the results of such 224
examination in reaching a decision in the matter. 225
(5) If the alleged alcoholic or drug addict admits the truth 226
and correctness of the allegations of the affidavit, or if the 227
chancellor finds from the evidence that such person is an 228
alcoholic or drug addict, and is in need of detention, care and 229
treatment in an institution, and that the other material 230
allegations of the petition are true, then the chancellor shall 231
enter an order so finding, and shall order that such person be 232
remanded and committed to and confined in the proper state 233
institution under this chapter or a private treatment facility 234
under the provisions of Title 41, Chapter 32, Mississippi Code of 235
1972, or, in the case of an alcoholic to an approved public or 236
private treatment facility pursuant to the provisions of Title 41, 237
Chapter 30, Mississippi Code of 1972, for care and treatment for a 238
period of not less than thirty (30) days nor more than ninety (90) 239
days as the necessity of the case may, in his or her discretion, 240
require. However, when such person is so committed, the medical 241
director of the institution shall be vested with full discretion 242
as to the treatment and discharge of such person, and may 243
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discharge and release such person at any time when the condition 244
of such person so justifies. 245
(6) (a) If the chancellor determines under this section 246
that the alleged alcoholic or drug addict is in need of care and 247
treatment but also affirmatively finds that the alleged alcoholic 248
or drug addict would benefit from the less restrictive option of 249
an outpatient treatment program, the chancellor, in his or her 250
discretion and upon agreement of both the affiant and the person 251
in need of treatment, may order the alleged alcoholic or drug 252
addict into an outpatient treatment program. The chancellor shall 253
provide written reasons in the record for choosing the less 254
restrictive option. 255
(b) If the order directs outpatient treatment, the 256
outpatient treatment provider may prescribe or administer to the 257
respondent treatment consistent with accepted alcohol and drug 258
abuse treatment standards. If the respondent fails or clearly 259
refuses to comply with outpatient treatment, the director of the 260
treatment program, his or her designee or an interested person 261
must make all reasonable efforts to solicit the respondent's 262
compliance. These efforts must be documented and, if the 263
respondent fails or clearly refuses to comply with outpatient 264
treatment after the efforts are made, the efforts must be 265
documented with the court by affidavit. Upon the filing of the 266
affidavit, the sheriff of the proper county may take the 267
respondent into custody. The chancellor thereafter may order the 268
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ST: Drug and alcohol treatment; require 30-day
minimum in-patient treatment.
respondent to inpatient treatment as soon as a treatment facility 269
is available. 270
(c) The respondent may request a hearing within ten 271
(10) days of commitment to inpatient treatment by filing a written 272
request with the chancery clerk of the committing court, or the 273
respondent may request such a hearing in writing to any member of 274
the professional staff of the treatment facility, which must be 275
forwarded to the director and promptly filed with the chancery 276
clerk of the committing court. The respondent must be advised of 277
the right to request such a hearing and of the right to consult a 278
lawyer. 279
SECTION 5. This act shall take effect and be in force from 280
and after July 1, 2026. 281