Intervention courts; bring forward code sections related to.

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To: Judiciary, Division A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Sparks

SENATE BILL NO. 2355

AN ACT TO BRING FORWARD SECTIONS 9-23-1 THROUGH 9-23-23, 1
MISSISSIPPI CODE OF 1972, WHICH ARE THE PROVISIONS THAT ENACT THE 2
ALYCE GRIFFIN CLARKE INTERVENTION COURT ACT; TO AMEND SECTION 3
9-23-11, MISSISSIPPI CODE OF 1972, TO MAKE A NONSUBSTANTIVE, 4
TECHNICAL REVISION; TO BRING FORWARD SECTION 9-23-51, MISSISSIPPI 5
CODE OF 1972, WHICH IS THE PROVISION THAT ESTABLISHES THE DRUG 6
COURT FUND IN THE STATE TREASURY FOR THE PURPOSE OF POSSIBLE 7
AMENDMENT; TO BRING FORWARD SECTION 9-25-1, MISSISSIPPI CODE OF 8
1972, WHICH IS THE PROVISION THAT CREATES THE VETERAN TREATMENT 9
COURTS FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO BRING FORWARD 10
SECTIONS 9-27-1 THROUGH 9-27-21, MISSISSIPPI CODE OF 1972, WHICH 11
ARE THE PROVISIONS THAT ENACT THE RIVERS MCGRAW MENTAL HEALTH 12
TREATMENT COURT ACT FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR 13
RELATED PURPOSES. 14
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 15
SECTION 1. Section 9-23-1, Mississippi Code of 1972, is 16
brought forward as follows: 17
9-23-1. This chapter shall be known and may be cited as the 18
"Alyce Griffin Clarke Intervention Court Act." 19
SECTION 2. Section 9-23-3, Mississippi Code of 1972, is 20
brought forward as follows: 21
9-23-3. (1) The Legislature of Mississippi recognizes the 22
critical need for judicial intervention to reduce the incidence of 23
alcohol and drug use, alcohol and drug addiction, and crimes 24
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committed as a result of alcohol and drug use and alcohol and drug 25
addiction. It is the intent of the Legislature to facilitate 26
local intervention court alternative orders adaptable to chancery, 27
circuit, county, youth, municipal and justice courts. 28
(2) The goals of the intervention courts under this chapter 29
include the following: 30
(a) To reduce alcoholism and other drug dependencies 31
among adult and juvenile offenders and defendants and among 32
respondents in juvenile petitions for abuse, neglect or both; 33
(b) To reduce criminal and delinquent recidivism and 34
the incidence of child abuse and neglect; 35
(c) To reduce the alcohol-related and other 36
drug-related court workload; 37
(d) To increase personal, familial and societal 38
accountability of adult and juvenile offenders and defendants and 39
respondents in juvenile petitions for abuse, neglect or both; 40
(e) To promote effective interaction and use of 41
resources among criminal and juvenile justice personnel, child 42
protective services personnel and community agencies; and 43
(f) To use corrections resources more effectively by 44
redirecting prison-bound offenders whose criminal conduct is 45
driven in part by drug and alcohol dependence to intensive 46
supervision and clinical treatment available in the intervention 47
court. 48
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SECTION 3. Section 9-23-5, Mississippi Code of 1972, is 49
brought forward as follows: 50
9-23-5. For the purposes of this chapter, the following 51
words and phrases shall have the meanings ascribed unless the 52
context clearly requires otherwise: 53
(a) "Chemical" tests means the analysis of an 54
individual's: (i) blood, (ii) breath, (iii) hair, (iv) sweat, (v) 55
saliva, (vi) urine, or (vii) other bodily substance to determine 56
the presence of alcohol or a controlled substance. 57
(b) "Crime of violence" means an offense listed in 58
Section 97-3-2. 59
(c) "Intervention court" means a drug court, mental 60
health court, veterans court or problem-solving court that 61
utilizes an immediate and highly structured intervention process 62
for eligible defendants or juveniles that brings together mental 63
health professionals, substance abuse professionals, local social 64
programs and intensive judicial monitoring. 65
(d) "Evidence-based practices" means supervision 66
policies, procedures and practices that scientific research 67
demonstrates reduce recidivism. 68
(e) "Risk and needs assessment" means the use of an 69
actuarial assessment tool validated on a Mississippi corrections 70
population to determine a person's risk to reoffend and the 71
characteristics that, if addressed, reduce the risk to reoffend. 72
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SECTION 4. Section 9-23-7, Mississippi Code of 1972, is 73
brought forward as follows: 74
9-23-7. The Administrative Office of Courts shall be 75
responsible for certification and monitoring of local intervention 76
courts according to standards promulgated by the State 77
Intervention Courts Advisory Committee. 78
SECTION 5. Section 9-23-9, Mississippi Code of 1972, is 79
brought forward as follows: 80
9-23-9. (1) The State Intervention Courts Advisory 81
Committee is established to develop and periodically update 82
proposed statewide evaluation plans and models for monitoring all 83
critical aspects of intervention courts. The committee must 84
provide the proposed evaluation plans to the Chief Justice and the 85
Administrative Office of Courts. The committee shall be chaired 86
by the Director of the Administrative Office of Courts or a 87
designee of the director and shall consist of eleven (11) members 88
all of whom shall be appointed by the Supreme Court. The members 89
shall be broadly representative of the courts, mental health, 90
veterans affairs, law enforcement, corrections, criminal defense 91
bar, prosecutors association, juvenile justice, child protective 92
services and substance abuse treatment communities. 93
(2) The State Intervention Courts Advisory Committee may 94
also make recommendations to the Chief Justice, the Director of 95
the Administrative Office of Courts and state officials concerning 96
improvements to intervention court policies and procedures 97
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including the intervention court certification process. The 98
committee may make suggestions as to the criteria for eligibility, 99
and other procedural and substantive guidelines for intervention 100
court operation. 101
(3) The State Intervention Courts Advisory Committee shall 102
act as arbiter of disputes arising out of the operation of 103
intervention courts established under this chapter and make 104
recommendations to improve the intervention courts; it shall also 105
make recommendations to the Supreme Court necessary and incident 106
to compliance with established rules. 107
(4) The State Intervention Courts Advisory Committee shall 108
establish through rules and regulations a viable and fiscally 109
responsible plan to expand the number of adult and juvenile 110
intervention court programs operating in Mississippi. These rules 111
and regulations shall include plans to increase participation in 112
existing and future programs while maintaining their voluntary 113
nature. 114
(5) The State Intervention Courts Advisory Committee shall 115
receive and review the monthly reports submitted to the 116
Administrative Office of Courts by each certified intervention 117
court and provide comments and make recommendations, as necessary, 118
to the Chief Justice and the Director of the Administrative Office 119
of Courts. 120
SECTION 6. Section 9-23-11, Mississippi Code of 1972, is 121
amended as follows: 122
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9-23-11. (1) The Administrative Office of Courts shall 123
establish, implement and operate a uniform certification process 124
for all intervention courts and other problem-solving courts 125
including juvenile courts, veterans courts or any other court 126
designed to adjudicate criminal actions involving an identified 127
classification of criminal defendant to ensure funding for 128
intervention courts supports effective and proven practices that 129
reduce recidivism and substance dependency among their 130
participants. 131
(2) The Administrative Office of Courts shall establish a 132
certification process that ensures any new or existing 133
intervention court meets minimum standards for intervention court 134
operation. 135
(a) These standards shall include, but are not limited 136
to: 137
(i) The use of evidence-based practices including, 138
but not limited to, the use of a valid and reliable risk and needs 139
assessment tool to identify participants and deliver appropriate 140
interventions; 141
(ii) Targeting medium to high-risk offenders for 142
participation; 143
(iii) The use of current, evidence-based 144
interventions proven to reduce dependency on drugs or alcohol, or 145
both; 146
(iv) Frequent testing for alcohol or drugs; 147
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(v) Coordinated strategy between all intervention 148
court program personnel involving the use of graduated clinical 149
interventions; 150
(vi) Ongoing judicial interaction with each 151
participant; and 152
(vii) Monitoring and evaluation of intervention 153
court program implementation and outcomes through data collection 154
and reporting. 155
(b) Intervention court certification applications shall 156
include: 157
(i) A description of the need for the intervention 158
court; 159
(ii) The targeted population for the intervention 160
court; 161
(iii) The eligibility criteria for intervention 162
court participants; 163
(iv) A description of the process for identifying 164
appropriate participants including the use of a risk and needs 165
assessment and a clinical assessment; 166
(v) A description of the intervention court 167
intervention components, including anticipated budget and 168
implementation plan; 169
(vi) The data collection plan which shall include 170
collecting the following data: 171
1. Total number of participants; 172
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2. Total number of successful participants; 173
3. Total number of unsuccessful participants 174
and the reason why each participant did not complete the program; 175
4. Total number of participants who were 176
arrested for a new criminal offense while in the intervention 177
court program; 178
5. Total number of participants who were 179
convicted of a new felony or misdemeanor offense while in the 180
intervention court program; 181
6. Total number of participants who committed 182
at least one (1) violation while in the intervention court program 183
and the resulting sanction(s); 184
7. Results of the initial risk and needs 185
assessment or other clinical assessment conducted on each 186
participant; * * * 187
8. Total number of applications for screening 188
by race, gender, offenses charged, indigence and, if not accepted, 189
the reason for nonacceptance; and 190
9. Any other data or information as required 191
by the Administrative Office of Courts. 192
(c) Every intervention court shall be certified under 193
the following schedule: 194
(i) An intervention court application submitted 195
after July 1, 2014, shall require certification of the 196
intervention court based on the proposed drug court plan. 197
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(ii) An intervention court initially established 198
and certified after July 1, 2014, shall be recertified after its 199
second year of funded operation on a time frame consistent with 200
the other certified courts of its type. 201
(iii) A certified adult felony intervention court 202
in existence on December 31, 2018, must submit a recertification 203
petition by July 1, 2019, and be recertified under the 204
requirements of this section on or before December 31, 2019; after 205
the recertification, all certified adult felony intervention 206
courts must submit a recertification petition every two (2) years 207
to the Administrative Office of Courts. The recertification 208
process must be completed by December 31 * * * of every odd 209
calendar year. 210
(iv) A certified youth, family, misdemeanor or 211
chancery intervention court in existence on December 31, 2018, 212
must submit a recertification petition by July 31, 2020, and be 213
recertified under the requirements of this section by December 31, 214
2020. After the recertification, all certified youth, family, 215
misdemeanor and chancery intervention courts must submit a 216
recertification petition every two (2) years to the Administrative 217
Office of Courts. The recertification process must be completed 218
by December 31 * * * of every even calendar year. 219
(3) All certified intervention courts shall measure 220
successful completion of the drug court based on those 221
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participants who complete the program without a new criminal 222
conviction. 223
(4) (a) All certified drug courts must collect and submit 224
to the Administrative Office of Courts each month, the following 225
data: 226
(i) Total number of participants at the beginning 227
of the month; 228
(ii) Total number of participants at the end of 229
the month; 230
(iii) Total number of participants who began the 231
program in the month; 232
(iv) Total number of participants who successfully 233
completed the intervention court in the month; 234
(v) Total number of participants who left the 235
program in the month; 236
(vi) Total number of participants who were 237
arrested for a new criminal offense while in the intervention 238
court program in the month; 239
(vii) Total number of participants who were 240
convicted for a new criminal arrest while in the intervention 241
court program in the month; and 242
(viii) Total number of participants who committed 243
at least one (1) violation while in the intervention court program 244
and any resulting sanction(s). 245
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(b) By August 1, 2015, and each year thereafter, the 246
Administrative Office of Courts shall report to the PEER Committee 247
the information in subsection (4)(a) of this section in a 248
sortable, electronic format. 249
(5) All certified intervention courts may individually 250
establish rules and may make special orders and rules as necessary 251
that do not conflict with the rules promulgated by the Supreme 252
Court or the Administrative Office of Courts. 253
(6) A certified intervention court may appoint the full- or 254
part-time employees it deems necessary for the work of the 255
intervention court and shall fix the compensation of those 256
employees. Such employees shall serve at the will and pleasure of 257
the judge or the judge's designee. 258
(7) The Administrative Office of Courts shall promulgate 259
rules and regulations to carry out the certification and 260
re-certification process and make any other policies not 261
inconsistent with this section to carry out this process. 262
(8) A certified intervention court established under this 263
chapter is subject to the regulatory powers of the Administrative 264
Office of Courts as set forth in Section 9-23-17. 265
SECTION 7. Section 9-23-13, Mississippi Code of 1972, is 266
brought forward as follows: 267
9-23-13. (1) An intervention court's alcohol and drug 268
intervention component shall provide for eligible individuals, 269
either directly or through referrals, a range of necessary court 270
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intervention services, including, but not limited to, the 271
following: 272
(a) Screening using a valid and reliable assessment 273
tool effective for identifying alcohol and drug dependent persons 274
for eligibility and appropriate services; 275
(b) Clinical assessment; for a DUI offense, if the 276
person has two (2) or more DUI convictions, the court shall order 277
the person to undergo an assessment that uses a standardized 278
evidence-based instrument performed by a physician to determine 279
whether the person has a diagnosis for alcohol and/or drug 280
dependence and would likely benefit from a court-approved 281
medication-assisted treatment indicated and approved for the 282
treatment of alcohol and/or drug dependence by the United States 283
Food and Drug Administration, as specified in the most recent 284
Diagnostic and Statistical Manual of Mental Disorders published by 285
the American Psychiatric Association. Upon considering the 286
results of the assessment, the court may refer the person to a 287
rehabilitative program that offers one or more forms of 288
court-approved medications that are approved for the treatment of 289
alcohol and/or drug dependence by the United States Food and Drug 290
Administration; 291
(c) Education; 292
(d) Referral; 293
(e) Service coordination and case management; and 294
(f) Counseling and rehabilitative care. 295
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(2) Any inpatient treatment or inpatient detoxification 296
program ordered by the court shall be certified by the Department 297
of Mental Health, other appropriate state agency or the equivalent 298
agency of another state. 299
(3) All intervention courts shall make available the option 300
for participants to use court-approved medication-assisted 301
treatment while participating in the programs of the court in 302
accordance with the recommendations of the National Drug Court 303
Institute. 304
SECTION 8. Section 9-23-15, Mississippi Code of 1972, is 305
brought forward as follows: 306
9-23-15. (1) In order to be eligible for alternative 307
sentencing through a local intervention court, the participant 308
must satisfy each of the following criteria: 309
(a) The participant cannot have any felony convictions 310
for any offenses that are crimes of violence as defined in Section 311
97-3-2 within the previous ten (10) years. 312
(b) The crime before the court cannot be a crime of 313
violence as defined in Section 97-3-2. 314
(c) Other criminal proceedings alleging commission of a 315
crime of violence cannot be pending against the participant. 316
(d) The participant cannot be charged with burglary of 317
a dwelling under Section 97-17-23(2) or 97-17-37. 318
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(e) The crime before the court cannot be a charge of 319
driving under the influence of alcohol or any other drug or drugs 320
that resulted in the death of a person. 321
(f) The crime charged cannot be one of trafficking in 322
controlled substances under Section 41-29-139(f), nor can the 323
participant have a prior conviction for same. 324
(2) Participation in the services of an alcohol and drug 325
intervention component shall be open only to the individuals over 326
whom the court has jurisdiction, except that the court may agree 327
to provide the services for individuals referred from another 328
intervention court. In cases transferred from another 329
jurisdiction, the receiving judge shall act as a special master 330
and make recommendations to the sentencing judge. 331
(3) (a) As a condition of participation in an intervention 332
court, a participant may be required to undergo a chemical test or 333
a series of chemical tests as specified by the intervention court. 334
A participant is liable for the costs of all chemical tests 335
required under this section, regardless of whether the costs are 336
paid to the intervention court or the laboratory; however, if 337
testing is available from other sources or the program itself, the 338
judge may waive any fees for testing. The judge may waive all 339
fees if the applicant is determined to be indigent. 340
(b) A laboratory that performs a chemical test under 341
this section shall report the results of the test to the 342
intervention court. 343
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(4) A person does not have a right to participate in 344
intervention court under this chapter. The court having 345
jurisdiction over a person for a matter before the court shall 346
have the final determination about whether the person may 347
participate in intervention court under this chapter. However, 348
any person meeting the eligibility criteria in subsection (1) of 349
this section shall, upon request, be screened for admission to 350
intervention court. 351
SECTION 9. Section 9-23-17, Mississippi Code of 1972, is 352
brought forward as follows: 353
9-23-17. With regard to any intervention court, the 354
Administrative Office of Courts shall do the following: 355
(a) Certify and re-certify intervention court 356
applications that meet standards established by the Administrative 357
Office of Courts in accordance with this chapter. 358
(b) Ensure that the structure of the intervention 359
component complies with rules adopted under this section and 360
applicable federal regulations. 361
(c) Revoke the authorization of a program upon a 362
determination that the program does not comply with rules adopted 363
under this section and applicable federal regulations. 364
(d) Make agreements and contracts to effectuate the 365
purposes of this chapter with: 366
(i) Another department, authority or agency of the 367
state; 368
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(ii) Another state; 369
(iii) The federal government; 370
(iv) A state-supported or private university; or 371
(v) A public or private agency, foundation, 372
corporation or individual. 373
(e) Directly, or by contract, approve and certify any 374
intervention component established under this chapter. 375
(f) Require, as a condition of operation, that each 376
intervention court created or funded under this chapter be 377
certified by the Administrative Office of Courts. 378
(g) Collect monthly data reports submitted by all 379
certified intervention courts, provide those reports to the State 380
Intervention Courts Advisory Committee, compile an annual report 381
summarizing the data collected and the outcomes achieved by all 382
certified intervention courts and submit the annual report to the 383
Oversight Task Force. 384
(h) Every three (3) years contract with an external 385
evaluator to conduct an evaluation of the effectiveness of the 386
intervention court program, both statewide and individual 387
intervention court programs, in complying with the key components 388
of the intervention courts adopted by the National Association of 389
Drug Court Professionals. 390
(i) Adopt rules to implement this chapter. 391
SECTION 10. Section 9-23-19, Mississippi Code of 1972, is 392
brought forward as follows: 393
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9-23-19. (1) All monies received from any source by the 394
intervention court shall be accumulated in a fund to be used only 395
for intervention court purposes. Any funds remaining in this fund 396
at the end of a fiscal year shall not lapse into any general fund, 397
but shall be retained in the Intervention Court Fund for the 398
funding of further activities by the intervention court. 399
(2) An intervention court may apply for and receive the 400
following: 401
(a) Gifts, bequests and donations from private sources. 402
(b) Grant and contract money from governmental sources. 403
(c) Other forms of financial assistance approved by the 404
court to supplement the budget of the intervention court. 405
(3) The costs of participation in an alcohol and drug 406
intervention program required by the certified intervention court 407
may be paid by the participant or out of user fees or such other 408
state, federal or private funds that may, from time to time, be 409
made available. 410
(4) The court may assess such reasonable and appropriate 411
fees to be paid to the local Intervention Court Fund for 412
participation in an alcohol or drug intervention program; however, 413
all fees may be waived if the applicant is determined to be 414
indigent. 415
SECTION 11. Section 9-23-21, Mississippi Code of 1972, is 416
brought forward as follows: 417
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9-23-21. The director and members of the professional and 418
administrative staff of the intervention court who perform duties 419
in good faith under this chapter are immune from civil liability 420
for: 421
(a) Acts or omissions in providing services under this 422
chapter; and 423
(b) The reasonable exercise of discretion in 424
determining eligibility to participate in the intervention court. 425
SECTION 12. Section 9-23-23, Mississippi Code of 1972, is 426
brought forward as follows: 427
9-23-23. If the participant completes all requirements 428
imposed upon him by the intervention court, including the payment 429
of fines and fees assessed and not waived by the court, the charge 430
and prosecution shall be dismissed. If the defendant or 431
participant was sentenced at the time of entry of plea of guilty, 432
the successful completion of the intervention court order and 433
other requirements of probation or suspension of sentence will 434
result in the record of the criminal conviction or adjudication 435
being expunged. However, no expunction of any implied consent 436
violation shall be allowed. 437
SECTION 13. Section 9-23-51, Mississippi Code of 1972, is 438
brought forward as follows: 439
9-23-51. There is created in the State Treasury a special 440
interest-bearing fund to be known as the Drug Court Fund. The 441
purpose of the fund shall be to provide supplemental funding to 442
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all drug courts in the state. Monies from the funds derived from 443
assessments under Section 99-19-73 shall be distributed by the 444
State Treasurer upon warrants issued by the Administrative Office 445
of Courts, pursuant to procedures set by the State Drug Courts 446
Advisory Committee to assist both juvenile drug courts and adult 447
drug courts. Funds from other sources shall be distributed to the 448
drug courts in the state based on a formula set by the State Drug 449
Courts Advisory Committee. The fund shall be a continuing fund, 450
not subject to fiscal-year limitations, and shall consist of: (a) 451
monies appropriated by the Legislature for the purposes of funding 452
drug courts; (b) the interest accruing to the fund; (c) monies 453
received under the provisions of Section 99-19-73; (d) monies 454
received from the federal government; and (e) monies received from 455
such other sources as may be provided by law. 456
SECTION 14. Section 9-25-1, Mississippi Code of 1972, is 457
brought forward as follows: 458
9-25-1. (1) The Legislature recognizes that our military 459
veterans have provided an invaluable service to our country. In 460
doing so, many may have suffered the effects of, including, but 461
not limited to, post-traumatic stress disorder, traumatic brain 462
injury and depression, and may also suffer drug and alcohol 463
dependency or addiction and co-occurring mental illness and 464
substance abuse problems. As a result of this, some veterans come 465
into contact with the criminal justice system and are charged with 466
felony offenses. There is a critical need for the justice system 467
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to recognize these veterans, provide accountability for their 468
wrongdoing, provide for the safety of the public, and provide for 469
the treatment of our veterans. It is the intent of the 470
Legislature to create a framework for which specialized veterans 471
treatment courts may be established at the circuit court level and 472
at the discretion of the circuit court judge. 473
(2) Authorization. A circuit court judge may establish a 474
Veterans Treatment Court program. The Veterans Treatment Court 475
may, at the discretion of the circuit court judge, be a separate 476
court program or as a component of an existing intervention court 477
program. At the discretion of the circuit court judge, the 478
Veterans Treatment Court may be operated in one (1) county within 479
the circuit court district, and allow veteran participants from 480
all counties within the circuit court district to participate. 481
(3) Eligibility. (a) In order to be eligible to 482
participate in a Veterans Treatment Court program established 483
under this section, the attorney representing the state must 484
consent to the defendant's participation in the program. Further, 485
the court in which the criminal case is pending must have found 486
that the defendant is a veteran of the United States Armed Forces 487
as defined in Title 38 USCS. 488
(b) Participation in the services of an alcohol and 489
drug intervention component shall only be open to the individuals 490
over whom the court has jurisdiction, except that the court may 491
agree to provide the services for individuals referred from 492
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another Veterans Treatment Court. In cases transferred from 493
another jurisdiction, the receiving judge shall act as a special 494
master and make recommendations to the sentencing judge. 495
(c) (i) As a condition of participation in a Veterans 496
Treatment Court, a participant may be required to undergo a 497
chemical test or a series of chemical tests as specified by the 498
Veterans Treatment Court program. A participant may be held 499
liable for costs associated with all chemical tests required under 500
this section. However, a judge may waive any fees for testing. 501
(ii) A laboratory that performs chemical tests 502
under this section shall report the results of the tests to the 503
Veterans Treatment Courts. 504
(d) A person does not have the right to participate in 505
a Veterans Treatment Court program under this chapter. The court 506
having jurisdiction over a person for a matter before the court 507
shall have the final determination about whether the person may 508
participate in the Veterans Treatment Court program. 509
(e) A defendant shall be excluded from participating in 510
a Veterans Treatment Court program if any one (1) of the following 511
applies: 512
(i) The crime before the court is a crime of 513
violence as set forth in paragraph (c) of this subsection. 514
(ii) The defendant does not demonstrate a 515
willingness to participate in a treatment program. 516
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(iii) The defendant has been previously convicted 517
of a felony crime of violence including, but not limited to: 518
murder, rape, sexual battery, statutory rape of a child under the 519
age of sixteen (16), armed robbery, arson, aggravated kidnapping, 520
aggravated assault, stalking, or any offense involving the 521
discharge of a firearm or where serious bodily injury or death 522
resulted to any person. 523
(f) The court in which the criminal case is pending 524
shall allow an eligible defendant to choose whether to proceed 525
through the Veterans Treatment Court program or otherwise through 526
the justice system. 527
(g) Proof of matters under this section may be 528
submitted to the court in which the criminal case is pending in 529
any form the court determines to be appropriate, including 530
military service and medical records, previous determinations of a 531
disability by a veteran's organization or by the United States 532
Department of Veterans Affairs, testimony or affidavits of other 533
veterans or service members, and prior determinations of 534
eligibility for benefits by any state or county veterans office. 535
(4) Administrative Office of Courts. With regard to any 536
Veterans Treatment Court established under this chapter, the 537
Administrative Office of Courts may do the following: 538
(a) Ensure that the structure of the intervention 539
component complies with rules adopted under this chapter and 540
applicable federal regulations. 541
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(b) Revoke the authorization of a program upon a 542
determination that the program does not comply with rules adopted 543
under this chapter and applicable federal regulations. 544
(c) Enter into agreements and contracts to effectuate 545
the purposes of this chapter with: 546
(i) Another department, authority, or agency of 547
the state; 548
(ii) Another state; 549
(iii) The federal government; 550
(iv) A state-supported or private university; or 551
(v) A public or private agency, foundation, 552
corporation, or individual. 553
(d) Directly, or by contract, approve and certify any 554
intervention component established under this chapter. 555
(e) Require, as a condition of operation, that each 556
veterans court created or funded under this chapter be certified 557
by the Administrative Office of Courts. 558
(f) Adopt rules to implement this chapter. 559
(5) State Intervention Court Advisory Committee. (a) The 560
State Intervention Court Advisory Committee shall be responsible 561
for developing statewide rules and policies as they relate to 562
Veterans Treatment Court programs. 563
(b) The State Intervention Court Advisory Committee may 564
also make recommendations to the Chief Justice, the Director of 565
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the Administrative Office of Courts and state officials concerning 566
improvements to Veterans Treatment Court policies and procedures. 567
(c) The State Intervention Court Advisory Committee 568
shall act as an arbiter of disputes arising out of the operation 569
of Veterans Treatment Court programs established under this 570
chapter and make recommendations to improve the Veterans Treatment 571
Court programs. 572
(6) Funding for Veterans Treatment Courts. (a) All monies 573
received from any source by the Veterans Treatment Court program 574
shall be accumulated in a fund to be used only for Veterans 575
Treatment Court purposes. Any funds remaining in this fund at the 576
end of the fiscal year shall not lapse into the General Fund, but 577
shall be retained in the Veterans Treatment Court fund for the 578
funding of further activities by the Veterans Treatment Court 579
program. 580
(b) A Veterans Treatment Court program may apply for 581
and receive the following: 582
(i) Gifts, bequests and donations from private 583
sources. 584
(ii) Grant and contract money from governmental 585
sources. 586
(iii) Other forms of financial assistance approved 587
by the court to supplement the budget of the Veterans Treatment 588
Court program. 589
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(7) Immunity. The coordinator and members of the 590
professional and administrative staff of the Veterans Treatment 591
Court program who perform duties in good faith under this chapter 592
are immune from civil liability for: 593
(a) Acts or omissions in providing services under this 594
chapter; and 595
(b) The reasonable exercise of discretion in 596
determining eligibility to participate in the Veterans Treatment 597
Court program. 598
(8) This section shall be codified as a separate article in 599
Title 9, Mississippi Code of 1972. 600
SECTION 15. Section 9-27-1, Mississippi Code of 1972, is 601
brought forward as follows: 602
9-27-1. This chapter shall be known and may be cited as the 603
"Rivers McGraw Mental Health Treatment Court Act." 604
SECTION 16. Section 9-27-3, Mississippi Code of 1972, is 605
brought forward as follows: 606
9-27-3. (1) The Legislature recognizes the critical need 607
for judicial intervention to establish court processes and 608
procedures that are more responsive to the needs of defendants 609
with mental illnesses, while maintaining public safety and the 610
integrity of the court process. 611
(2) The goals of the mental health treatment courts under 612
this chapter include the following: 613
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(a) Reduce the number of future criminal justice 614
contacts among offenders with mental illnesses; 615
(b) Reduce the inappropriate institutionalization of 616
people with mental illnesses; 617
(c) Improve the mental and behavioral health and 618
well-being of defendants who come in contact with the criminal 619
justice system; 620
(d) Improve linkages between the criminal justice 621
system and the mental health system; 622
(e) Expedite case processing; 623
(f) Protect public safety; 624
(g) Establish linkages with other state and local 625
agencies and programs that target people with mental illnesses in 626
order to maximize the delivery of services; and 627
(h) To use corrections resources more effectively by 628
redirecting prison-bound offenders whose criminal conduct is 629
driven in part by mental illnesses to intensive supervision and 630
clinical treatment available in the mental health treatment court. 631
SECTION 17. Section 9-27-5, Mississippi Code of 1972, is 632
brought forward as follows: 633
9-27-5. For the purposes of this chapter, the following 634
words and phrases shall have the meanings ascribed unless the 635
context clearly requires otherwise: 636
(a) "Behavioral health" means the promotion of mental 637
health, resilience and wellbeing; the treatment of mental and 638
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substance use disorders; and the support of those who experience 639
and/or are in recovery from these conditions, along with their 640
families and communities. 641
(b) "Chemical tests" means the analysis of an 642
individual's: (i) blood, (ii) breath, (iii) hair, (iv) sweat, (v) 643
saliva, (vi) urine, or (vii) other bodily substance to determine 644
the presence of alcohol or a controlled substance. 645
(c) "Clinical assessment" means the use of an actuarial 646
assessment tool which evaluates an individual's physical, medical, 647
cognitive, psychological (personality, emotions, beliefs and 648
attitudes), and behavioral history and current conditions in order 649
to determine the presence and severity of any mental health 650
disorder. 651
(d) "Co-occurring disorder" means coexistence of both a 652
mental health and a substance use disorder as defined in the 653
Diagnostic and Statistical Manual (DSM). 654
(e) "Diagnostic and Statistical Manual (DSM)" is the 655
publication by the American Psychiatric Association used by 656
behavioral health professionals for the classification and 657
diagnosing of mental health disorders. 658
(f) "Evidence-based practices" means practices which 659
have been empirically researched and proven to have measurable 660
positive outcomes; have been rigorously tested; have yielded 661
consistent, replicable results; and have proven safe, beneficial 662
and effective for a specific population. 663
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(g) "Mental health" means a state of mental or 664
emotional well-being that enables people to cope with the stresses 665
of life, realize their abilities, learn, work well, and contribute 666
to their community. 667
(h) "Mental health disorder" means a syndrome 668
characterized by a clinically significant disturbance in an 669
individual's cognition, emotion regulation or behavior that 670
reflects a dysfunction in the psychological, biological or 671
developmental process underlying mental functioning as defined by 672
the current Diagnostic and Statistical Manual of Mental Disorders 673
as published by the American Psychiatric Association. 674
(i) "Mental Health Treatment program" means a highly 675
structured evidence-based program for mental and behavioral health 676
treatment of defendants that: 677
(i) Brings together mental health professionals, 678
local social programs and intensive judicial monitoring; 679
(ii) Follows the key components of the mental 680
health treatment court curriculum published by the Bureau of 681
Justice Assistance; and 682
(iii) Utilizes supervision, policies, procedures 683
and practices that scientific research demonstrates reduces 684
recidivism. 685
(j) "Risk and needs assessment" means an actuarial 686
evaluation tool to guide decision making at various points across 687
the criminal justice continuum by approximating an individual's 688
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likelihood of reoffending and determining what individual 689
criminogenic needs must be addressed to reduce that likelihood. 690
Criminogenic risk and needs assessment tools consist of questions 691
that are designed to ascertain someone's history of criminal 692
behavior, attitudes and personality, and life circumstances. 693
(k) "Risk and needs screening" means the use of a brief 694
actuarial tool that is used to determine a defendant's eligibility 695
of a mental health treatment court by measuring the criminogenic 696
risk and needs, identifying risk and protective factors, supports 697
development of case management plan goals and determines the need 698
of a full risk and needs assessment. 699
(l) "Substance use disorder" means a cluster of 700
cognitive, behavioral, and physiological symptoms indicating that 701
the individual continues using the substance despite significant 702
substance-related problems such as impaired control, social 703
impairment, risky behaviors, and pharmacological tolerance and 704
withdrawal. 705
SECTION 18. Section 9-27-7, Mississippi Code of 1972, is 706
brought forward as follows: 707
9-27-7. (1) The Administrative Office of Courts is the 708
repository for reports filed by mental health treatment courts 709
established under this chapter. The goal of the mental health 710
treatment courts is to support effective and proven practices that 711
reduce recidivism and provide behavioral health treatment for 712
participants. 713
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(2) Mental health treatment courts must adhere to the 714
standards established in this chapter. 715
(a) These standards shall include, but are not limited 716
to: 717
(i) The use of evidence-based practices including, 718
but not limited to, the use of a valid and reliable risk and needs 719
screening tool to identify participants, deliver appropriate 720
treatments and services; 721
(ii) Targeting moderate to high-risk offenders for 722
participation; 723
(iii) Utilizing current, evidence-based practices 724
proven effective for behavioral health treatment; 725
(iv) Frequent testing for alcohol or drugs; 726
(v) Coordinated strategy between all mental health 727
treatment court personnel; 728
(vi) Ongoing judicial interaction with each 729
participant; and 730
(vii) Monitoring and evaluation of mental health 731
treatment court implementation and outcomes through data 732
collection and reporting. 733
(b) Mental health treatment courts must implement a 734
data collection plan, utilizing the treatment court case 735
management system, which shall include collecting the following 736
data: 737
(i) Total number of participants; 738
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(ii) Total number of successful participants; 739
(iii) Total number of unsuccessful participants 740
and the reason why each participant did not complete the program; 741
(iv) Total number of participants who were 742
arrested for a new criminal offense while in the mental health 743
treatment court; 744
(v) Total number of participants who were 745
convicted of a new felony offense while in the mental health 746
treatment court; 747
(vi) Total number of participants who committed at 748
least one (1) violation while in the mental health treatment court 749
and the resulting sanction(s); 750
(vii) Results of the initial risk and needs 751
screening or other clinical assessments conducted on each 752
participant; 753
(viii) Total number of applications for screening 754
by race, gender, offenses charged, indigence and if not accepted, 755
the reason for nonacceptance; and 756
(ix) Any other data or information as required by 757
the Administrative Office of Courts. 758
(3) All mental health treatment courts must measure 759
successful completion of the program based on those participants 760
who complete the program without a new criminal conviction. 761
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(4) (a) Mental health treatment courts must collect and 762
submit to the Administrative Office of Courts each month, the 763
following data: 764
(i) Total number of participants at the beginning 765
of the month; 766
(ii) Total number of participants at the end of 767
the month; 768
(iii) Total number of new participants who began 769
the program in the month; 770
(iv) Total number of participants who successfully 771
completed the program in the month; 772
(v) Total number of participants who left the 773
program in the month; 774
(vi) Total number of participants who were 775
arrested for a new criminal offense while in the program in the 776
month; 777
(vii) Total number of participants who were 778
convicted of a new criminal offense while in the program in the 779
month; 780
(viii) Total number of participants who committed 781
at least one (1) violation while in the program and any resulting 782
sanction(s); 783
(ix) Total number of active participants who did 784
not receive treatment in the month; 785
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(x) Total number of participants on prescribed 786
psychotropic medications in the month; 787
(xi) Total number of new participants admitted to 788
an acute psychiatric facility or a crisis stabilization unit in 789
the first thirty (30) days of acceptance into the mental health 790
treatment court; and 791
(xii) Total number of participants admitted to an 792
acute psychiatric facility or a crisis stabilization unit in the 793
month. 794
(b) By August 1, 2023, and each year thereafter, the 795
Administrative Office of Courts shall report to the PEER Committee 796
the information in subsection (4)(a) of this section in a 797
sortable, electronic format. 798
(5) A certified mental health treatment court may 799
individually establish rules and may make special orders and rules 800
as necessary that do not conflict with rules promulgated by the 801
Supreme Court or the Administrative Office of Courts. 802
(6) A certified mental health treatment court may appoint 803
full- or part-time employees it deems necessary for the work of 804
the mental health treatment court and shall fix the compensation 805
of those employees, who shall serve at the will and pleasure of 806
the circuit court judge who presides over the mental health 807
treatment court. 808
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(7) A certified mental health treatment court established 809
under this chapter is subject to the regulatory powers of the 810
Administrative Office of Courts as set forth in Section 9-27-13. 811
SECTION 19. Section 9-27-9, Mississippi Code of 1972, is 812
brought forward as follows: 813
9-27-9. (1) Any mental and behavioral health treatment 814
provider directly administering services to a participant shall be 815
licensed by the appropriate state licensing board or hold a 816
current and valid certification by the State Department of Mental 817
Health or other appropriate state agency. 818
(2) A mental health treatment court shall provide either 819
directly or through referrals, a range of services, including, but 820
not limited to, the following: 821
(a) Screenings using a valid and reliable screening 822
tool effective for identifying individuals with mental and 823
behavioral health issues for eligibility and appropriate services; 824
(b) Clinical assessment; 825
(c) Referral to appropriate level of treatment 826
services; 827
(d) Counseling and treatment for co-occurring substance 828
use disorders; 829
(e) Employment Services; 830
(f) Education and/or vocational services; and 831
(g) Community service coordination, care and support. 832
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SECTION 20. Section 9-27-11, Mississippi Code of 1972, is 833
brought forward as follows: 834
9-27-11. (1) In order to be eligible for alternative 835
sentencing through a local mental health treatment court, the 836
defendant must satisfy each of the following criteria: 837
(a) The defendant cannot have any felony convictions 838
for any offenses that are crimes of violence as defined in Section 839
97-3-2, other than burglary under Section 97-17-23(1), within the 840
previous ten (10) years. 841
(b) The crime before the court cannot be a crime of 842
violence as defined in Section 97-3-2, other than burglary under 843
Section 97-17-23(1). 844
(c) Other criminal proceedings alleging commission of a 845
crime of violence other than burglary under Section 97-17-23(1) 846
cannot be pending against the defendant. 847
(d) The crime before the court cannot be a charge of 848
driving under the influence of alcohol or any other substance that 849
resulted in the death of a person. In addition, defendants who 850
are ineligible for nonadjudication under Section 63-11-30 shall be 851
ineligible to participate in a mental health treatment court. 852
(e) The crime charged cannot be one of trafficking in 853
controlled substances under Section 41-29-139(f), nor can the 854
defendant have a prior conviction for the same. 855
(2) Participation in the services of a mental health 856
treatment component court shall be open only to the defendant over 857
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whom the court has jurisdiction, except that the court may agree 858
to provide the services for participants referred from another 859
mental health treatment court. In cases transferred from another 860
jurisdiction, the receiving judge shall act as a special master 861
and make recommendations to the sentencing judge. 862
(3) (a) As a condition of participation in a mental health 863
treatment court, a defendant shall be required to undergo chemical 864
testing as specified by the program. A participant is liable for 865
the costs of all chemical tests required under this section, 866
regardless of whether the costs are paid to the mental health 867
treatment court or the laboratory; however, if testing is 868
available from other sources or the program itself, the judge may 869
waive any fees for testing. Fees may be waived if the defendant 870
is determined by the court to be indigent. 871
(b) A laboratory that performs a chemical test under 872
this section shall report the results of the test to the mental 873
health treatment court. 874
(4) A defendant does not have a right to participate in a 875
mental health treatment court under this chapter. The court 876
having jurisdiction over a defendant for a matter before the court 877
shall have the final determination about whether the defendant may 878
participate in the mental health treatment court under this 879
chapter. However, any defendant meeting the eligibility criteria 880
in subsection (1) of this section, shall, upon request, be 881
screened for admission into the court's program. 882
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SECTION 21. Section 9-27-13, Mississippi Code of 1972, is 883
brought forward as follows: 884
9-27-13. With regard to any mental health treatment court, 885
the Administrative Office of Courts shall do the following: 886
(a) Certify and re-certify mental health treatment 887
court applications that meet with standards established by the 888
Administrative Office of Courts in accordance with this chapter. 889
(b) Ensure that the structure of the mental health 890
treatment court complies with rules adopted under this section and 891
applicable federal regulations. 892
(c) Revoke certification of a mental health treatment 893
court upon a determination that the program does not comply with 894
rules adopted under this section and applicable federal 895
regulations. 896
(d) Make agreements and contracts to effectuate the 897
purposes of this chapter with: 898
(i) Another department, authority or agency of the 899
state; 900
(ii) Another state; 901
(iii) The federal government; 902
(iv) A state-supported or private institute of 903
higher learning; or 904
(v) A public or private agency, foundation, 905
corporation or individual. 906
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(e) Directly, or by contract, approve and certify any 907
mental health treatment court component established under this 908
chapter. 909
(f) Require, as a condition of operation, that each 910
mental health treatment court created or funded under this chapter 911
be certified by the Administrative Office of Courts. 912
(g) Collect monthly data from each certified mental 913
health treatment court and compile an annual report summarizing 914
the data collected and the outcomes achieved. 915
(h) Every three (3) years, if funding is available, 916
contract with an external evaluator to conduct an evaluation of 917
the compliance with the Bureau of Justice Assistance key 918
components, as adapted for mental health treatment courts, and 919
effectiveness of: 920
(i) Statewide mental health treatment court 921
program; and 922
(ii) Individual mental health treatment courts. 923
(i) Adopt rules to implement this chapter. 924
SECTION 22. Section 9-27-15, Mississippi Code of 1972, is 925
brought forward as follows: 926
9-27-15. (1) All monies received from any source by a 927
mental health treatment court shall be accumulated in a local fund 928
to be used only for mental health treatment court purposes. Any 929
funds remaining in a local fund at the end of a fiscal year shall 930
not lapse into any general fund, but shall be retained in the 931
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mental health treatment court fund for the funding of further 932
activities by the mental health treatment court. 933
(2) A mental health treatment court may apply for and 934
receive the following: 935
(a) Gifts, bequests and donations from private sources; 936
(b) Grant and contract monies from governmental 937
sources; or 938
(c) Other forms of financial assistance approved by the 939
court to supplement the budget of the mental health treatment 940
court. 941
(3) The costs of participation required by the mental health 942
treatment court may be paid by the participant or out of user fees 943
or such other state, federal or private funds that may, from time 944
to time, be made available. 945
(4) The mental health treatment court may assess reasonable 946
and appropriate fees to be paid to the local mental health 947
treatment court fund for participation in a mental health 948
treatment court; however, all fees may be waived by the court if 949
the defendant is determined by the court to be indigent. 950
SECTION 23. Section 9-27-17, Mississippi Code of 1972, is 951
brought forward as follows: 952
9-27-17. The mental health treatment court coordinator and 953
members of the professional and administrative staff of the mental 954
health treatment court who perform duties in good faith under this 955
chapter are immune from civil liability for: 956
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(a) Acts or omissions in providing services under this 957
chapter; and 958
(b) The reasonable exercise of discretion in 959
determining eligibility to participate in the mental health court. 960
SECTION 24. Section 9-27-19, Mississippi Code of 1972, is 961
brought forward as follows: 962
9-27-19. If the participant completes all requirements 963
imposed by the mental health treatment court, the charge and 964
prosecution shall be dismissed. If the defendant was sentenced at 965
the time of entry of a plea of guilty, the successful completion 966
of the mental health treatment court order and other requirements 967
of probation or suspension of sentence will result in the record 968
of the criminal conviction or adjudication being expunged. 969
However, no expunction of any implied consent violations shall be 970
allowed. 971
SECTION 25. Section 9-27-21, Mississippi Code of 1972, is 972
brought forward as follows: 973
9-27-21. (1) The Administrative Office of Courts shall be 974
responsible for certification and monitoring of mental health 975
treatment courts. 976
(2) The Administrative Office of Courts shall promulgate 977
rules and regulations to carry out the certification and 978
re-certification process and make any other policies consistent 979
with this section to carry out this process. 980
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(3) The Administrative Office of Courts shall establish, 981
implement and operate a uniform certification process for all 982
mental health treatment courts designed to adjudicate criminal 983
actions involving an identified classification of criminal 984
defendants to ensure funding for mental health treatment courts 985
which supports effective and proven behavioral health treatment 986
practices that reduce recidivism among their participants. 987
(4) (a) The Administrative Office of Courts shall establish 988
a certification process that ensures any new or existing mental 989
health treatment court meets standards for mental health treatment 990
court operation. 991
(b) Mental health treatment court certification 992
application must include: 993
(i) A description of the need for the mental 994
health treatment court; 995
(ii) The targeted population for the mental health 996
treatment court; 997
(iii) The eligibility criteria for mental health 998
treatment court participants; 999
(iv) A description of the process for identifying 1000
eligible participants, using a risk and needs screening and a 1001
clinical assessment which focuses on accepting moderate to 1002
high-risk individuals; and 1003
(v) A description of the mental health treatment 1004
court components, including anticipated budget, implementation 1005
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ST: Intervention courts; bring forward code
sections related to.
plan, and a list of the evidence-based programs to which 1006
participants will be referred by the mental health treatment 1007
court. 1008
(5) Every mental health treatment court shall be certified 1009
under the following schedule: 1010
(a) All certified mental health treatment courts in 1011
existence on December 31, 2022, must submit a recertification 1012
petition to the Administrative Office of Courts before July 1, 1013
2023. The mental health treatment court must submit a 1014
recertification petition every two (2) years. 1015
(b) A mental health treatment court's certification 1016
expires on December 31 of every odd calendar year. 1017
(6) A certified mental health treatment court established 1018
under this chapter is subject to the regulatory powers of the 1019
Administrative Office of Courts as set forth in Section 9-27-13. 1020
SECTION 26. This act shall take effect and be in force from 1021
and after July 1, 2026. 1022