Administrative Office of Courts and intervention courts; bring forward sections related to.

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To: Judiciary, Division A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Sparks

SENATE BILL NO. 2707

AN ACT TO BRING FORWARD SECTIONS 9-21-1 THROUGH 9-21-19, 1
MISSISSIPPI CODE OF 1972, WHICH ESTABLISH THE ADMINISTRATIVE 2
OFFICE OF COURTS, FOR POSSIBLE AMENDMENT; TO BRING FORWARD 3
SECTIONS 9-23-1 THROUGH 9-23-23, MISSISSIPPI CODE OF 1972, WHICH 4
ENACT THE ALYCE GRIFFIN CLARKE INTERVENTION COURT ACT, FOR 5
POSSIBLE AMENDMENT; TO BRING FORWARD SECTION 9-23-51, MISSISSIPPI 6
CODE OF 1972, WHICH ESTABLISHES THE DRUG COURT FUND IN THE STATE 7
TREASURY, FOR POSSIBLE AMENDMENT; TO BRING FORWARD SECTION 9-25-1, 8
MISSISSIPPI CODE OF 1972, WHICH 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
ENACT THE RIVERS MCGRAW MENTAL HEALTH TREATMENT COURT ACT, FOR 12
POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES. 13
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 14
SECTION 1. Section 9-21-1, Mississippi Code of 1972, is 15
brought forward as follows: 16
9-21-1. The Administrative Office of Courts is hereby 17
created. The purpose of the Administrative Office of Courts shall 18
be to assist in the efficient administration of the nonjudicial 19
business of the courts of the state and in improving the 20
administration of justice in Mississippi by performing the duties 21
and exercising the powers as provided in this chapter. 22
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As used in this chapter, unless the context clearly indicates 23
otherwise, the term "court" means any tribunal recognized as a 24
part of the judicial branch of government, but not including 25
county boards of supervisors. 26
SECTION 2. Section 9-21-3, Mississippi Code of 1972, is 27
brought forward as follows: 28
9-21-3. (1) The Administrative Office of Courts shall be 29
specifically charged with the duty of assisting the Chief Justice 30
of the Supreme Court of Mississippi with his duties as the chief 31
administrative officer of all courts of this state, including 32
without limitation the task of insuring that the business of the 33
courts of the state is attended with proper dispatch, that the 34
dockets of such courts are not permitted to become congested and 35
that trials and appeals of cases, civil and criminal, are not 36
delayed unreasonably. 37
(2) The office shall also perform the following duties: 38
(a) To work with the clerks of all youth courts and 39
civil and criminal trial courts in the state to collect, obtain, 40
compile, digest and publish information and statistics concerning 41
the administration of justice in the state. 42
(b) To serve as an agency to apply for and receive any 43
grants or other assistance and to coordinate and conduct studies 44
and projects to improve the administration of justice by the 45
courts of the state, and it may conduct such studies with or 46
without the assistance of consultants. 47
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(c) To supply such support to the Judicial Advisory 48
Study Committee necessary to accomplish the purposes of this 49
chapter, including without limitation, research and clerical 50
assistance. 51
(d) To promulgate standards, rules and regulations for 52
computer and/or electronic filing and storage of all court records 53
and court-related records maintained throughout the state in 54
courts and in offices of circuit and chancery clerks. 55
(e) It shall perform such other duties relating to the 56
improvement of the administration of justice as may be assigned by 57
the Supreme Court of Mississippi. 58
SECTION 3. Section 9-21-5, Mississippi Code of 1972, is 59
brought forward as follows: 60
9-21-5. The Administrative Director shall be appointed by 61
and shall serve at the pleasure of the Supreme Court of 62
Mississippi as the Director of the Administrative Office of 63
Courts. The Administrative Director shall devote full time to the 64
duties of the office to the exclusion of engagement in any other 65
business or profession for profit. 66
SECTION 4. Section 9-21-7, Mississippi Code of 1972, is 67
brought forward as follows: 68
9-21-7. The Administrative Director, with the approval of 69
the Supreme Court, is authorized to employ and set the 70
compensation of such assistants and other employees as are 71
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necessary to enable him to perform his duties, subject to approval 72
of the State Personnel Board. 73
SECTION 5. Section 9-21-9, Mississippi Code of 1972, is 74
brought forward as follows: 75
9-21-9. (1) The Administrative Director of Courts shall 76
have the following duties and authority with respect to all courts 77
in addition to any other duties and responsibilities as may be 78
properly assigned by the Supreme Court and/or by law: 79
(a) To require the filing of reports, the collection 80
and compilation of statistical data and other information on the 81
judicial and financial operation of the courts and on the 82
operation of other offices directly related to and serving the 83
courts; 84
(b) To determine the state of the dockets and evaluate 85
the practices and procedures of the courts and make 86
recommendations concerning the number of judges and other 87
personnel required for the efficient administration of justice; 88
(c) To prescribe uniform administrative and business 89
methods, systems, forms and records to be used in the offices of 90
the clerks of courts; 91
(d) To devise, promulgate and require the use of a 92
uniform youth court case tracking system, including a youth court 93
case filing form for filing with each individual youth court 94
matter, to be utilized by the Administrative Office of Courts and 95
the youth courts in order that the number of youthful offenders, 96
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abused, neglected, truant and dependent children, as well as 97
children in need of special care and children in need of 98
supervision, may be tracked with specificity through the youth 99
court and adult justice systems; in support of the uniform case 100
docketing system, the director shall require that all youth courts 101
utilize the Mississippi Youth Court Information Delivery System 102
(MYCIDS); 103
(e) To develop, promulgate and require the use of a 104
statewide docket numbering system to be utilized by the youth 105
courts, which youth court docket numbers shall standardize and 106
unify the numbering system by which youth court docket numbers are 107
assigned, such that each docket number would, among other things, 108
identify the county and year in which a particular youth court 109
action was commenced; 110
(f) To develop, promulgate and require the use of 111
uniform youth court orders and forms in all youth courts and youth 112
court proceedings; 113
(g) To prepare and submit budget recommendations for 114
state appropriations necessary for the maintenance and operation 115
of the judicial system and to authorize expenditures from funds 116
appropriated for these purposes as permitted or authorized by law; 117
(h) To develop and implement personnel policies for 118
nonjudicial personnel employed by the courts; 119
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(i) To investigate, make recommendations concerning and 120
assist in the securing of adequate physical accommodations for the 121
judicial system; 122
(j) To procure, distribute, exchange, transfer and 123
assign such equipment, books, forms and supplies as are acquired 124
with state funds or grant funds or otherwise for the judicial 125
system; 126
(k) To make recommendations for the improvement of the 127
operations of the judicial system; 128
(l) To prepare and submit an annual report on the work 129
of the judicial system to the Supreme Court; 130
(m) To take necessary steps in the collection of unpaid 131
court costs, fines and forfeitures; 132
(n) To perform such additional administrative duties 133
relating to the improvement of the administration of justice as 134
may be assigned by the Supreme Court; and 135
(o) To promulgate standards, rules and regulations for 136
computer and/or electronic filing and storage of all court records 137
and court-related records maintained throughout the state in 138
courts and in offices of circuit and chancery clerks. 139
(p) To utilize the provisions of law that regulate 140
public purchasing in Sections 31-7-1 et seq., to contract with a 141
provider to effectuate the requirements of paragraph (d) for the 142
Mississippi Youth Court Information Delivery System (MYCIDS). 143
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(2) (a) The Administrative Director of Courts shall conduct 144
an audit of the Mississippi Youth Court Information Delivery 145
System (MYCIDS), by August 1, 2024, to review: the services 146
provided by the system, any contractors or employees used to 147
administer the system, the process used to design or administer 148
the system, guidelines used to create the system and the primary 149
functions of the system and whether the system can be accessed by 150
users of the Mississippi Electronic Court System or merged with 151
the Mississippi Electronic Court System. 152
(b) The Administrative Director of Courts shall provide 153
a report to the Judiciary A Committees of the Mississippi House of 154
Representatives and the Senate by September 1, 2024, that 155
includes: 156
(i) A copy of the audit; 157
(ii) Recommendations that resolve any deficiencies 158
in the system or improve the system; 159
(iii) Recommendations that outline the creation of 160
a new system which is to be in operation by July 1, 2026. 161
(iv) A list of the companies or agencies that have 162
submitted bids to resolve deficiencies, make improvements or 163
create a new system. 164
SECTION 6. Section 9-21-11, Mississippi Code of 1972, is 165
brought forward as follows: 166
9-21-11. (1) The Administrative Director of Courts is 167
authorized and empowered to: study and apply for any and all 168
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applications for funds and grants directed to the office from any 169
federal governmental agency or entity; disburse such aid, 170
assistance, funds, monies, grants or subgrants; and coordinate the 171
same with the overall administration of justice in Mississippi to 172
assist or aid in the administration of justice, criminal or civil, 173
or the improvement of courts and the judicial system. 174
(2) The courts of the state, regardless of the name they 175
bear, shall be proper local units or entities of government to 176
apply for and receive such assistance, aid, funds, monies, grants 177
and subgrants. 178
(3) Grants to youth courts shall be made in accordance with 179
Section 43-21-801. 180
SECTION 7. Section 9-21-13, Mississippi Code of 1972, is 181
brought forward as follows: 182
9-21-13. (1) The Administrative Director of Courts shall 183
coordinate the functions and duties of administrative personnel, 184
including court administrators and court administrative aides to 185
judges, to facilitate cooperation and so that the overall 186
administration of justice may be accomplished with efficiency in 187
all courts of the state. 188
(2) The Administrative Director of Courts is authorized to 189
direct the expenditure of state monies appropriated to the 190
Administrative Office of Courts or any courts of the state for any 191
and all functions or projects directly or indirectly affecting the 192
operation of any court and may transfer monies appropriated for 193
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the office or any account to any one or more other accounts or 194
office. 195
SECTION 8. Section 9-21-14, Mississippi Code of 1972, is 196
brought forward as follows: 197
9-21-14. (1) There is created in the State Treasury a 198
special fund to be known as the Comprehensive Electronic Court 199
Systems Fund. The purpose of the fund shall be to provide funding 200
for the development, implementation and maintenance of a 201
comprehensive case management and electronic filing system, one of 202
the purposes of which will be to provide duplicate dockets and 203
case files at remote sites. The system will be designed to: 204
(a) Provide a framework for the seamless, transparent 205
exchange of data among courts and with appropriate law 206
enforcement, children's services and public welfare agencies. 207
(b) Allow judges and prosecutors to determine whether 208
there are holds or warrants from other jurisdictions for 209
defendants prior to release on bail or otherwise. 210
(c) Assist related agencies in tracking the court 211
activity of individuals in all participating jurisdictions. 212
(d) Assist child protection and human services agencies 213
to determine the status of children and caregivers in the 214
participating jurisdictions. 215
(e) Duplicate and preserve court documents at remote 216
sites so that they may be protected against catastrophic loss. 217
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(f) Improve the ability of the Administrative Office of 218
Courts and the state courts to handle efficiently monies flowing 219
through the courts and to collect delinquent fees, fines and 220
costs. 221
(g) Enable the state courts and clerks to generate 222
management reports and analysis tools, allowing them to constantly 223
track individual cases and the overall caseload. 224
(h) Provide a uniform system for docketing and tracking 225
cases and to automatically generate status reports. 226
(i) Enable the Administrative Office of Courts to 227
acquire statistical data promptly and efficiently. 228
(j) Make trial court and individual case dockets 229
available to the public online through use of the Internet. 230
(2) Monies from the fund shall be distributed by the State 231
Treasurer upon warrants issued by the Administrative Office of 232
Courts. 233
(3) The fund shall be a continuing fund, not subject to 234
fiscal-year limitations, and shall consist of: 235
(a) Monies appropriated by the Legislature for the 236
purposes of funding the comprehensive case management and 237
electronic filing system; 238
(b) The interest accruing to the fund; 239
(c) Monies received from the federal government; 240
(d) Donations; and 241
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(e) Monies received from such other sources as may be 242
provided by law. 243
(4) The Supreme Court may utilize and fund as a pilot 244
program any case management and electronic filing system of the 245
Three Rivers Planning and Development District or that of any 246
county or vendor that complies with the data and case management 247
and electronic filing policy standards adopted by the Supreme 248
Court. No statewide comprehensive case management and electronic 249
system shall be implemented by the Mississippi Supreme Court 250
unless such system is approved by the Legislature. 251
SECTION 9. Section 9-21-15, Mississippi Code of 1972, is 252
brought forward as follows: 253
9-21-15. The Administrative Director of Courts is authorized 254
and empowered to employ consultants and consultant firms and to 255
contract with the same for their services for reasonable 256
compensation and as necessary to improve the administration of 257
justice and the courts of the state. The contracts with such 258
consultants or consultant firms shall be considered as contracts 259
for professional services. 260
SECTION 10. Section 9-21-17, Mississippi Code of 1972, is 261
brought forward as follows: 262
9-21-17. The Administrative Director of Courts and the 263
Supreme Court are authorized to use the services of any member of 264
the judiciary of any court and any court-supportive personnel, 265
including, without limitation, court reporters, clerks, bailiffs, 266
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law clerks, court administrators, secretaries and employees in 267
clerks' offices to carry out studies, projects and functions 268
designed to improve or effect the efficient administration of 269
justice and the operation of courts. 270
SECTION 11. Section 9-21-19, Mississippi Code of 1972, is 271
brought forward as follows: 272
9-21-19. All judges, clerks of court, and other officers or 273
employees of the courts and of offices related to and serving the 274
courts shall comply with all requests made by the Administrative 275
Director for information and statistical data relative to the work 276
of the courts and of such offices and relative to the expenditure 277
of public monies for their maintenance and operation. 278
SECTION 12. Section 9-23-1, Mississippi Code of 1972, is 279
brought forward as follows: 280
9-23-1. This chapter shall be known and may be cited as the 281
"Alyce Griffin Clarke Intervention Court Act." 282
SECTION 13. Section 9-23-3, Mississippi Code of 1972, is 283
brought forward as follows: 284
9-23-3. (1) The Legislature of Mississippi recognizes the 285
critical need for judicial intervention to reduce the incidence of 286
alcohol and drug use, alcohol and drug addiction, and crimes 287
committed as a result of alcohol and drug use and alcohol and drug 288
addiction. It is the intent of the Legislature to facilitate 289
local intervention court alternative orders adaptable to chancery, 290
circuit, county, youth, municipal and justice courts. 291
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(2) The goals of the intervention courts under this chapter 292
include the following: 293
(a) To reduce alcoholism and other drug dependencies 294
among adult and juvenile offenders and defendants and among 295
respondents in juvenile petitions for abuse, neglect or both; 296
(b) To reduce criminal and delinquent recidivism and 297
the incidence of child abuse and neglect; 298
(c) To reduce the alcohol-related and other 299
drug-related court workload; 300
(d) To increase personal, familial and societal 301
accountability of adult and juvenile offenders and defendants and 302
respondents in juvenile petitions for abuse, neglect or both; 303
(e) To promote effective interaction and use of 304
resources among criminal and juvenile justice personnel, child 305
protective services personnel and community agencies; and 306
(f) To use corrections resources more effectively by 307
redirecting prison-bound offenders whose criminal conduct is 308
driven in part by drug and alcohol dependence to intensive 309
supervision and clinical treatment available in the intervention 310
court. 311
SECTION 14. Section 9-23-5, Mississippi Code of 1972, is 312
brought forward as follows: 313
9-23-5. For the purposes of this chapter, the following 314
words and phrases shall have the meanings ascribed unless the 315
context clearly requires otherwise: 316
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(a) "Chemical" tests means the analysis of an 317
individual's: (i) blood, (ii) breath, (iii) hair, (iv) sweat, (v) 318
saliva, (vi) urine, or (vii) other bodily substance to determine 319
the presence of alcohol or a controlled substance. 320
(b) "Crime of violence" means an offense listed in 321
Section 97-3-2. 322
(c) "Intervention court" means a drug court, mental 323
health court, veterans court or problem-solving court that 324
utilizes an immediate and highly structured intervention process 325
for eligible defendants or juveniles that brings together mental 326
health professionals, substance abuse professionals, local social 327
programs and intensive judicial monitoring. 328
(d) "Evidence-based practices" means supervision 329
policies, procedures and practices that scientific research 330
demonstrates reduce recidivism. 331
(e) "Risk and needs assessment" means the use of an 332
actuarial assessment tool validated on a Mississippi corrections 333
population to determine a person's risk to reoffend and the 334
characteristics that, if addressed, reduce the risk to reoffend. 335
SECTION 15. Section 9-23-7, Mississippi Code of 1972, is 336
brought forward as follows: 337
9-23-7. The Administrative Office of Courts shall be 338
responsible for certification and monitoring of local intervention 339
courts according to standards promulgated by the State 340
Intervention Courts Advisory Committee. 341
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SECTION 16. Section 9-23-9, Mississippi Code of 1972, is 342
brought forward as follows: 343
9-23-9. (1) The State Intervention Courts Advisory 344
Committee is established to develop and periodically update 345
proposed statewide evaluation plans and models for monitoring all 346
critical aspects of intervention courts. The committee must 347
provide the proposed evaluation plans to the Chief Justice and the 348
Administrative Office of Courts. The committee shall be chaired 349
by the Director of the Administrative Office of Courts or a 350
designee of the director and shall consist of eleven (11) members 351
all of whom shall be appointed by the Supreme Court. The members 352
shall be broadly representative of the courts, mental health, 353
veterans affairs, law enforcement, corrections, criminal defense 354
bar, prosecutors association, juvenile justice, child protective 355
services and substance abuse treatment communities. 356
(2) The State Intervention Courts Advisory Committee may 357
also make recommendations to the Chief Justice, the Director of 358
the Administrative Office of Courts and state officials concerning 359
improvements to intervention court policies and procedures 360
including the intervention court certification process. The 361
committee may make suggestions as to the criteria for eligibility, 362
and other procedural and substantive guidelines for intervention 363
court operation. 364
(3) The State Intervention Courts Advisory Committee shall 365
act as arbiter of disputes arising out of the operation of 366
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intervention courts established under this chapter and make 367
recommendations to improve the intervention courts; it shall also 368
make recommendations to the Supreme Court necessary and incident 369
to compliance with established rules. 370
(4) The State Intervention Courts Advisory Committee shall 371
establish through rules and regulations a viable and fiscally 372
responsible plan to expand the number of adult and juvenile 373
intervention court programs operating in Mississippi. These rules 374
and regulations shall include plans to increase participation in 375
existing and future programs while maintaining their voluntary 376
nature. 377
(5) The State Intervention Courts Advisory Committee shall 378
receive and review the monthly reports submitted to the 379
Administrative Office of Courts by each certified intervention 380
court and provide comments and make recommendations, as necessary, 381
to the Chief Justice and the Director of the Administrative Office 382
of Courts. 383
SECTION 17. Section 9-23-11, Mississippi Code of 1972, is 384
brought forward as follows: 385
9-23-11. (1) The Administrative Office of Courts shall 386
establish, implement and operate a uniform certification process 387
for all intervention courts and other problem-solving courts 388
including juvenile courts, veterans courts or any other court 389
designed to adjudicate criminal actions involving an identified 390
classification of criminal defendant to ensure funding for 391
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intervention courts supports effective and proven practices that 392
reduce recidivism and substance dependency among their 393
participants. 394
(2) The Administrative Office of Courts shall establish a 395
certification process that ensures any new or existing 396
intervention court meets minimum standards for intervention court 397
operation. 398
(a) These standards shall include, but are not limited 399
to: 400
(i) The use of evidence-based practices including, 401
but not limited to, the use of a valid and reliable risk and needs 402
assessment tool to identify participants and deliver appropriate 403
interventions; 404
(ii) Targeting medium to high-risk offenders for 405
participation; 406
(iii) The use of current, evidence-based 407
interventions proven to reduce dependency on drugs or alcohol, or 408
both; 409
(iv) Frequent testing for alcohol or drugs; 410
(v) Coordinated strategy between all intervention 411
court program personnel involving the use of graduated clinical 412
interventions; 413
(vi) Ongoing judicial interaction with each 414
participant; and 415
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(vii) Monitoring and evaluation of intervention 416
court program implementation and outcomes through data collection 417
and reporting. 418
(b) Intervention court certification applications shall 419
include: 420
(i) A description of the need for the intervention 421
court; 422
(ii) The targeted population for the intervention 423
court; 424
(iii) The eligibility criteria for intervention 425
court participants; 426
(iv) A description of the process for identifying 427
appropriate participants including the use of a risk and needs 428
assessment and a clinical assessment; 429
(v) A description of the intervention court 430
intervention components, including anticipated budget and 431
implementation plan; 432
(vi) The data collection plan which shall include 433
collecting the following data: 434
1. Total number of participants; 435
2. Total number of successful participants; 436
3. Total number of unsuccessful participants 437
and the reason why each participant did not complete the program; 438
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4. Total number of participants who were 439
arrested for a new criminal offense while in the intervention 440
court program; 441
5. Total number of participants who were 442
convicted of a new felony or misdemeanor offense while in the 443
intervention court program; 444
6. Total number of participants who committed 445
at least one (1) violation while in the intervention court program 446
and the resulting sanction(s); 447
7. Results of the initial risk and needs 448
assessment or other clinical assessment conducted on each 449
participant; and 450
8. Total number of applications for screening 451
by race, gender, offenses charged, indigence and, if not accepted, 452
the reason for nonacceptance; and 453
9. Any other data or information as required 454
by the Administrative Office of Courts. 455
(c) Every intervention court shall be certified under 456
the following schedule: 457
(i) An intervention court application submitted 458
after July 1, 2014, shall require certification of the 459
intervention court based on the proposed drug court plan. 460
(ii) An intervention court initially established 461
and certified after July 1, 2014, shall be recertified after its 462
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second year of funded operation on a time frame consistent with 463
the other certified courts of its type. 464
(iii) A certified adult felony intervention court 465
in existence on December 31, 2018, must submit a recertification 466
petition by July 1, 2019, and be recertified under the 467
requirements of this section on or before December 31, 2019; after 468
the recertification, all certified adult felony intervention 469
courts must submit a recertification petition every two (2) years 470
to the Administrative Office of Courts. The recertification 471
process must be completed by December 31st of every odd calendar 472
year. 473
(iv) A certified youth, family, misdemeanor or 474
chancery intervention court in existence on December 31, 2018, 475
must submit a recertification petition by July 31, 2020, and be 476
recertified under the requirements of this section by December 31, 477
2020. After the recertification, all certified youth, family, 478
misdemeanor and chancery intervention courts must submit a 479
recertification petition every two (2) years to the Administrative 480
Office of Courts. The recertification process must be completed 481
by December 31st of every even calendar year. 482
(3) All certified intervention courts shall measure 483
successful completion of the drug court based on those 484
participants who complete the program without a new criminal 485
conviction. 486
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(4) (a) All certified drug courts must collect and submit 487
to the Administrative Office of Courts each month, the following 488
data: 489
(i) Total number of participants at the beginning 490
of the month; 491
(ii) Total number of participants at the end of 492
the month; 493
(iii) Total number of participants who began the 494
program in the month; 495
(iv) Total number of participants who successfully 496
completed the intervention court in the month; 497
(v) Total number of participants who left the 498
program in the month; 499
(vi) Total number of participants who were 500
arrested for a new criminal offense while in the intervention 501
court program in the month; 502
(vii) Total number of participants who were 503
convicted for a new criminal arrest while in the intervention 504
court program in the month; and 505
(viii) Total number of participants who committed 506
at least one (1) violation while in the intervention court program 507
and any resulting sanction(s). 508
(b) By August 1, 2015, and each year thereafter, the 509
Administrative Office of Courts shall report to the PEER Committee 510
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the information in subsection (4)(a) of this section in a 511
sortable, electronic format. 512
(5) All certified intervention courts may individually 513
establish rules and may make special orders and rules as necessary 514
that do not conflict with the rules promulgated by the Supreme 515
Court or the Administrative Office of Courts. 516
(6) A certified intervention court may appoint the full- or 517
part-time employees it deems necessary for the work of the 518
intervention court and shall fix the compensation of those 519
employees. Such employees shall serve at the will and pleasure of 520
the judge or the judge's designee. 521
(7) The Administrative Office of Courts shall promulgate 522
rules and regulations to carry out the certification and 523
re-certification process and make any other policies not 524
inconsistent with this section to carry out this process. 525
(8) A certified intervention court established under this 526
chapter is subject to the regulatory powers of the Administrative 527
Office of Courts as set forth in Section 9-23-17. 528
SECTION 18. Section 9-23-13, Mississippi Code of 1972, is 529
brought forward as follows: 530
9-23-13. (1) An intervention court's alcohol and drug 531
intervention component shall provide for eligible individuals, 532
either directly or through referrals, a range of necessary court 533
intervention services, including, but not limited to, the 534
following: 535
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(a) Screening using a valid and reliable assessment 536
tool effective for identifying alcohol and drug dependent persons 537
for eligibility and appropriate services; 538
(b) Clinical assessment; for a DUI offense, if the 539
person has two (2) or more DUI convictions, the court shall order 540
the person to undergo an assessment that uses a standardized 541
evidence-based instrument performed by a physician to determine 542
whether the person has a diagnosis for alcohol and/or drug 543
dependence and would likely benefit from a court-approved 544
medication-assisted treatment indicated and approved for the 545
treatment of alcohol and/or drug dependence by the United States 546
Food and Drug Administration, as specified in the most recent 547
Diagnostic and Statistical Manual of Mental Disorders published by 548
the American Psychiatric Association. Upon considering the 549
results of the assessment, the court may refer the person to a 550
rehabilitative program that offers one or more forms of 551
court-approved medications that are approved for the treatment of 552
alcohol and/or drug dependence by the United States Food and Drug 553
Administration; 554
(c) Education; 555
(d) Referral; 556
(e) Service coordination and case management; and 557
(f) Counseling and rehabilitative care. 558
(2) Any inpatient treatment or inpatient detoxification 559
program ordered by the court shall be certified by the Department 560
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of Mental Health, other appropriate state agency or the equivalent 561
agency of another state. 562
(3) All intervention courts shall make available the option 563
for participants to use court-approved medication-assisted 564
treatment while participating in the programs of the court in 565
accordance with the recommendations of the National Drug Court 566
Institute. 567
SECTION 19. Section 9-23-15, Mississippi Code of 1972, is 568
brought forward as follows: 569
9-23-15. (1) In order to be eligible for alternative 570
sentencing through a local intervention court, the participant 571
must satisfy each of the following criteria: 572
(a) The participant cannot have any felony convictions 573
for any offenses that are crimes of violence as defined in Section 574
97-3-2 within the previous ten (10) years. 575
(b) The crime before the court cannot be a crime of 576
violence as defined in Section 97-3-2. 577
(c) Other criminal proceedings alleging commission of a 578
crime of violence cannot be pending against the participant. 579
(d) The participant cannot be charged with burglary of 580
a dwelling under Section 97-17-23(2) or 97-17-37. 581
(e) The crime before the court cannot be a charge of 582
driving under the influence of alcohol or any other drug or drugs 583
that resulted in the death of a person. 584
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(f) The crime charged cannot be one of trafficking in 585
controlled substances under Section 41-29-139(f), nor can the 586
participant have a prior conviction for same. 587
(2) Participation in the services of an alcohol and drug 588
intervention component shall be open only to the individuals over 589
whom the court has jurisdiction, except that the court may agree 590
to provide the services for individuals referred from another 591
intervention court. In cases transferred from another 592
jurisdiction, the receiving judge shall act as a special master 593
and make recommendations to the sentencing judge. 594
(3) (a) As a condition of participation in an intervention 595
court, a participant may be required to undergo a chemical test or 596
a series of chemical tests as specified by the intervention court. 597
A participant is liable for the costs of all chemical tests 598
required under this section, regardless of whether the costs are 599
paid to the intervention court or the laboratory; however, if 600
testing is available from other sources or the program itself, the 601
judge may waive any fees for testing. The judge may waive all 602
fees if the applicant is determined to be indigent. 603
(b) A laboratory that performs a chemical test under 604
this section shall report the results of the test to the 605
intervention court. 606
(4) A person does not have a right to participate in 607
intervention court under this chapter. The court having 608
jurisdiction over a person for a matter before the court shall 609
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have the final determination about whether the person may 610
participate in intervention court under this chapter. However, 611
any person meeting the eligibility criteria in subsection (1) of 612
this section shall, upon request, be screened for admission to 613
intervention court. 614
SECTION 20. Section 9-23-17, Mississippi Code of 1972, is 615
brought forward as follows: 616
9-23-17. With regard to any intervention court, the 617
Administrative Office of Courts shall do the following: 618
(a) Certify and re-certify intervention court 619
applications that meet standards established by the Administrative 620
Office of Courts in accordance with this chapter. 621
(b) Ensure that the structure of the intervention 622
component complies with rules adopted under this section and 623
applicable federal regulations. 624
(c) Revoke the authorization of a program upon a 625
determination that the program does not comply with rules adopted 626
under this section and applicable federal regulations. 627
(d) Make agreements and contracts to effectuate the 628
purposes of this chapter with: 629
(i) Another department, authority or agency of the 630
state; 631
(ii) Another state; 632
(iii) The federal government; 633
(iv) A state-supported or private university; or 634
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(v) A public or private agency, foundation, 635
corporation or individual. 636
(e) Directly, or by contract, approve and certify any 637
intervention component established under this chapter. 638
(f) Require, as a condition of operation, that each 639
intervention court created or funded under this chapter be 640
certified by the Administrative Office of Courts. 641
(g) Collect monthly data reports submitted by all 642
certified intervention courts, provide those reports to the State 643
Intervention Courts Advisory Committee, compile an annual report 644
summarizing the data collected and the outcomes achieved by all 645
certified intervention courts and submit the annual report to the 646
Oversight Task Force. 647
(h) Every three (3) years contract with an external 648
evaluator to conduct an evaluation of the effectiveness of the 649
intervention court program, both statewide and individual 650
intervention court programs, in complying with the key components 651
of the intervention courts adopted by the National Association of 652
Drug Court Professionals. 653
(i) Adopt rules to implement this chapter. 654
SECTION 21. Section 9-23-19, Mississippi Code of 1972, is 655
brought forward as follows: 656
9-23-19. (1) All monies received from any source by the 657
intervention court shall be accumulated in a fund to be used only 658
for intervention court purposes. Any funds remaining in this fund 659
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at the end of a fiscal year shall not lapse into any general fund, 660
but shall be retained in the Intervention Court Fund for the 661
funding of further activities by the intervention court. 662
(2) An intervention court may apply for and receive the 663
following: 664
(a) Gifts, bequests and donations from private sources. 665
(b) Grant and contract money from governmental sources. 666
(c) Other forms of financial assistance approved by the 667
court to supplement the budget of the intervention court. 668
(3) The costs of participation in an alcohol and drug 669
intervention program required by the certified intervention court 670
may be paid by the participant or out of user fees or such other 671
state, federal or private funds that may, from time to time, be 672
made available. 673
(4) The court may assess such reasonable and appropriate 674
fees to be paid to the local Intervention Court Fund for 675
participation in an alcohol or drug intervention program; however, 676
all fees may be waived if the applicant is determined to be 677
indigent. 678
SECTION 22. Section 9-23-21, Mississippi Code of 1972, is 679
brought forward as follows: 680
9-23-21. The director and members of the professional and 681
administrative staff of the intervention court who perform duties 682
in good faith under this chapter are immune from civil liability 683
for: 684
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(a) Acts or omissions in providing services under this 685
chapter; and 686
(b) The reasonable exercise of discretion in 687
determining eligibility to participate in the intervention court. 688
SECTION 23. Section 9-23-23, Mississippi Code of 1972, is 689
brought forward as follows: 690
9-23-23. If the participant completes all requirements 691
imposed upon him by the intervention court, including the payment 692
of fines and fees assessed and not waived by the court, the charge 693
and prosecution shall be dismissed. If the defendant or 694
participant was sentenced at the time of entry of plea of guilty, 695
the successful completion of the intervention court order and 696
other requirements of probation or suspension of sentence will 697
result in the record of the criminal conviction or adjudication 698
being expunged. However, no expunction of any implied consent 699
violation shall be allowed. 700
SECTION 24. Section 9-23-51, Mississippi Code of 1972, is 701
brought forward as follows: 702
9-23-51. There is created in the State Treasury a special 703
interest-bearing fund to be known as the Drug Court Fund. The 704
purpose of the fund shall be to provide supplemental funding to 705
all drug courts in the state. Monies from the funds derived from 706
assessments under Section 99-19-73 shall be distributed by the 707
State Treasurer upon warrants issued by the Administrative Office 708
of Courts, pursuant to procedures set by the State Drug Courts 709
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Advisory Committee to assist both juvenile drug courts and adult 710
drug courts. Funds from other sources shall be distributed to the 711
drug courts in the state based on a formula set by the State Drug 712
Courts Advisory Committee. The fund shall be a continuing fund, 713
not subject to fiscal-year limitations, and shall consist of: (a) 714
monies appropriated by the Legislature for the purposes of funding 715
drug courts; (b) the interest accruing to the fund; (c) monies 716
received under the provisions of Section 99-19-73; (d) monies 717
received from the federal government; and (e) monies received from 718
such other sources as may be provided by law. 719
SECTION 25. Section 9-25-1, Mississippi Code of 1972, is 720
brought forward as follows: 721
9-25-1. (1) The Legislature recognizes that our military 722
veterans have provided an invaluable service to our country. In 723
doing so, many may have suffered the effects of, including, but 724
not limited to, post-traumatic stress disorder, traumatic brain 725
injury and depression, and may also suffer drug and alcohol 726
dependency or addiction and co-occurring mental illness and 727
substance abuse problems. As a result of this, some veterans come 728
into contact with the criminal justice system and are charged with 729
felony offenses. There is a critical need for the justice system 730
to recognize these veterans, provide accountability for their 731
wrongdoing, provide for the safety of the public, and provide for 732
the treatment of our veterans. It is the intent of the 733
Legislature to create a framework for which specialized veterans 734
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treatment courts may be established at the circuit court level and 735
at the discretion of the circuit court judge. 736
(2) Authorization. A circuit court judge may establish a 737
Veterans Treatment Court program. The Veterans Treatment Court 738
may, at the discretion of the circuit court judge, be a separate 739
court program or as a component of an existing intervention court 740
program. At the discretion of the circuit court judge, the 741
Veterans Treatment Court may be operated in one (1) county within 742
the circuit court district, and allow veteran participants from 743
all counties within the circuit court district to participate. 744
(3) Eligibility. (a) In order to be eligible to 745
participate in a Veterans Treatment Court program established 746
under this section, the attorney representing the state must 747
consent to the defendant's participation in the program. Further, 748
the court in which the criminal case is pending must have found 749
that the defendant is a veteran of the United States Armed Forces 750
as defined in Title 38 USCS. 751
(b) Participation in the services of an alcohol and 752
drug intervention component shall only be open to the individuals 753
over whom the court has jurisdiction, except that the court may 754
agree to provide the services for individuals referred from 755
another Veterans Treatment Court. In cases transferred from 756
another jurisdiction, the receiving judge shall act as a special 757
master and make recommendations to the sentencing judge. 758
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(c) (i) As a condition of participation in a Veterans 759
Treatment Court, a participant may be required to undergo a 760
chemical test or a series of chemical tests as specified by the 761
Veterans Treatment Court program. A participant may be held 762
liable for costs associated with all chemical tests required under 763
this section. However, a judge may waive any fees for testing. 764
(ii) A laboratory that performs chemical tests 765
under this section shall report the results of the tests to the 766
Veterans Treatment Courts. 767
(d) A person does not have the right to participate in 768
a Veterans Treatment Court program under this chapter. The court 769
having jurisdiction over a person for a matter before the court 770
shall have the final determination about whether the person may 771
participate in the Veterans Treatment Court program. 772
(e) A defendant shall be excluded from participating in 773
a Veterans Treatment Court program if any one (1) of the following 774
applies: 775
(i) The crime before the court is a crime of 776
violence as set forth in paragraph (c) of this subsection. 777
(ii) The defendant does not demonstrate a 778
willingness to participate in a treatment program. 779
(iii) The defendant has been previously convicted 780
of a felony crime of violence including, but not limited to: 781
murder, rape, sexual battery, statutory rape of a child under the 782
age of sixteen (16), armed robbery, arson, aggravated kidnapping, 783
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aggravated assault, stalking, or any offense involving the 784
discharge of a firearm or where serious bodily injury or death 785
resulted to any person. 786
(f) The court in which the criminal case is pending 787
shall allow an eligible defendant to choose whether to proceed 788
through the Veterans Treatment Court program or otherwise through 789
the justice system. 790
(g) Proof of matters under this section may be 791
submitted to the court in which the criminal case is pending in 792
any form the court determines to be appropriate, including 793
military service and medical records, previous determinations of a 794
disability by a veteran's organization or by the United States 795
Department of Veterans Affairs, testimony or affidavits of other 796
veterans or service members, and prior determinations of 797
eligibility for benefits by any state or county veterans office. 798
(4) Administrative Office of Courts. With regard to any 799
Veterans Treatment Court established under this chapter, the 800
Administrative Office of Courts may do the following: 801
(a) Ensure that the structure of the intervention 802
component complies with rules adopted under this chapter and 803
applicable federal regulations. 804
(b) Revoke the authorization of a program upon a 805
determination that the program does not comply with rules adopted 806
under this chapter and applicable federal regulations. 807
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(c) Enter into agreements and contracts to effectuate 808
the purposes of this chapter with: 809
(i) Another department, authority, or agency of 810
the state; 811
(ii) Another state; 812
(iii) The federal government; 813
(iv) A state-supported or private university; or 814
(v) A public or private agency, foundation, 815
corporation, or individual. 816
(d) Directly, or by contract, approve and certify any 817
intervention component established under this chapter. 818
(e) Require, as a condition of operation, that each 819
veterans court created or funded under this chapter be certified 820
by the Administrative Office of Courts. 821
(f) Adopt rules to implement this chapter. 822
(5) State Intervention Court Advisory Committee. (a) The 823
State Intervention Court Advisory Committee shall be responsible 824
for developing statewide rules and policies as they relate to 825
Veterans Treatment Court programs. 826
(b) The State Intervention Court Advisory Committee may 827
also make recommendations to the Chief Justice, the Director of 828
the Administrative Office of Courts and state officials concerning 829
improvements to Veterans Treatment Court policies and procedures. 830
(c) The State Intervention Court Advisory Committee 831
shall act as an arbiter of disputes arising out of the operation 832
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of Veterans Treatment Court programs established under this 833
chapter and make recommendations to improve the Veterans Treatment 834
Court programs. 835
(6) Funding for Veterans Treatment Courts. (a) All monies 836
received from any source by the Veterans Treatment Court program 837
shall be accumulated in a fund to be used only for Veterans 838
Treatment Court purposes. Any funds remaining in this fund at the 839
end of the fiscal year shall not lapse into the General Fund, but 840
shall be retained in the Veterans Treatment Court fund for the 841
funding of further activities by the Veterans Treatment Court 842
program. 843
(b) A Veterans Treatment Court program may apply for 844
and receive the following: 845
(i) Gifts, bequests and donations from private 846
sources. 847
(ii) Grant and contract money from governmental 848
sources. 849
(iii) Other forms of financial assistance approved 850
by the court to supplement the budget of the Veterans Treatment 851
Court program. 852
(7) Immunity. The coordinator and members of the 853
professional and administrative staff of the Veterans Treatment 854
Court program who perform duties in good faith under this chapter 855
are immune from civil liability for: 856
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(a) Acts or omissions in providing services under this 857
chapter; and 858
(b) The reasonable exercise of discretion in 859
determining eligibility to participate in the Veterans Treatment 860
Court program. 861
(8) This section shall be codified as a separate article in 862
Title 9, Mississippi Code of 1972. 863
SECTION 26. Section 9-27-1, Mississippi Code of 1972, is 864
brought forward as follows: 865
9-27-1. This chapter shall be known and may be cited as the 866
"Rivers McGraw Mental Health Treatment Court Act." 867
SECTION 27. Section 9-27-3, Mississippi Code of 1972, is 868
brought forward as follows: 869
9-27-3. (1) The Legislature recognizes the critical need 870
for judicial intervention to establish court processes and 871
procedures that are more responsive to the needs of defendants 872
with mental illnesses, while maintaining public safety and the 873
integrity of the court process. 874
(2) The goals of the mental health treatment courts under 875
this chapter include the following: 876
(a) Reduce the number of future criminal justice 877
contacts among offenders with mental illnesses; 878
(b) Reduce the inappropriate institutionalization of 879
people with mental illnesses; 880
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(c) Improve the mental and behavioral health and 881
well-being of defendants who come in contact with the criminal 882
justice system; 883
(d) Improve linkages between the criminal justice 884
system and the mental health system; 885
(e) Expedite case processing; 886
(f) Protect public safety; 887
(g) Establish linkages with other state and local 888
agencies and programs that target people with mental illnesses in 889
order to maximize the delivery of services; and 890
(h) To use corrections resources more effectively by 891
redirecting prison-bound offenders whose criminal conduct is 892
driven in part by mental illnesses to intensive supervision and 893
clinical treatment available in the mental health treatment court. 894
SECTION 28. Section 9-27-5, Mississippi Code of 1972, is 895
brought forward as follows: 896
9-27-5. For the purposes of this chapter, the following 897
words and phrases shall have the meanings ascribed unless the 898
context clearly requires otherwise: 899
(a) "Behavioral health" means the promotion of mental 900
health, resilience and wellbeing; the treatment of mental and 901
substance use disorders; and the support of those who experience 902
and/or are in recovery from these conditions, along with their 903
families and communities. 904
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(b) "Chemical tests" means the analysis of an 905
individual's: (i) blood, (ii) breath, (iii) hair, (iv) sweat, (v) 906
saliva, (vi) urine, or (vii) other bodily substance to determine 907
the presence of alcohol or a controlled substance. 908
(c) "Clinical assessment" means the use of an actuarial 909
assessment tool which evaluates an individual's physical, medical, 910
cognitive, psychological (personality, emotions, beliefs and 911
attitudes), and behavioral history and current conditions in order 912
to determine the presence and severity of any mental health 913
disorder. 914
(d) "Co-occurring disorder" means coexistence of both a 915
mental health and a substance use disorder as defined in the 916
Diagnostic and Statistical Manual (DSM). 917
(e) "Diagnostic and Statistical Manual (DSM)" is the 918
publication by the American Psychiatric Association used by 919
behavioral health professionals for the classification and 920
diagnosing of mental health disorders. 921
(f) "Evidence-based practices" means practices which 922
have been empirically researched and proven to have measurable 923
positive outcomes; have been rigorously tested; have yielded 924
consistent, replicable results; and have proven safe, beneficial 925
and effective for a specific population. 926
(g) "Mental health" means a state of mental or 927
emotional well-being that enables people to cope with the stresses 928
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of life, realize their abilities, learn, work well, and contribute 929
to their community. 930
(h) "Mental health disorder" means a syndrome 931
characterized by a clinically significant disturbance in an 932
individual's cognition, emotion regulation or behavior that 933
reflects a dysfunction in the psychological, biological or 934
developmental process underlying mental functioning as defined by 935
the current Diagnostic and Statistical Manual of Mental Disorders 936
as published by the American Psychiatric Association. 937
(i) "Mental Health Treatment program" means a highly 938
structured evidence-based program for mental and behavioral health 939
treatment of defendants that: 940
(i) Brings together mental health professionals, 941
local social programs and intensive judicial monitoring; 942
(ii) Follows the key components of the mental 943
health treatment court curriculum published by the Bureau of 944
Justice Assistance; and 945
(iii) Utilizes supervision, policies, procedures 946
and practices that scientific research demonstrates reduces 947
recidivism. 948
(j) "Risk and needs assessment" means an actuarial 949
evaluation tool to guide decision making at various points across 950
the criminal justice continuum by approximating an individual's 951
likelihood of reoffending and determining what individual 952
criminogenic needs must be addressed to reduce that likelihood. 953
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Criminogenic risk and needs assessment tools consist of questions 954
that are designed to ascertain someone's history of criminal 955
behavior, attitudes and personality, and life circumstances. 956
(k) "Risk and needs screening" means the use of a brief 957
actuarial tool that is used to determine a defendant's eligibility 958
of a mental health treatment court by measuring the criminogenic 959
risk and needs, identifying risk and protective factors, supports 960
development of case management plan goals and determines the need 961
of a full risk and needs assessment. 962
(l) "Substance use disorder" means a cluster of 963
cognitive, behavioral, and physiological symptoms indicating that 964
the individual continues using the substance despite significant 965
substance-related problems such as impaired control, social 966
impairment, risky behaviors, and pharmacological tolerance and 967
withdrawal. 968
SECTION 29. Section 9-27-7, Mississippi Code of 1972, is 969
brought forward as follows: 970
9-27-7. (1) The Administrative Office of Courts is the 971
repository for reports filed by mental health treatment courts 972
established under this chapter. The goal of the mental health 973
treatment courts is to support effective and proven practices that 974
reduce recidivism and provide behavioral health treatment for 975
participants. 976
(2) Mental health treatment courts must adhere to the 977
standards established in this chapter. 978
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(a) These standards shall include, but are not limited 979
to: 980
(i) The use of evidence-based practices including, 981
but not limited to, the use of a valid and reliable risk and needs 982
screening tool to identify participants, deliver appropriate 983
treatments and services; 984
(ii) Targeting moderate to high-risk offenders for 985
participation; 986
(iii) Utilizing current, evidence-based practices 987
proven effective for behavioral health treatment; 988
(iv) Frequent testing for alcohol or drugs; 989
(v) Coordinated strategy between all mental health 990
treatment court personnel; 991
(vi) Ongoing judicial interaction with each 992
participant; and 993
(vii) Monitoring and evaluation of mental health 994
treatment court implementation and outcomes through data 995
collection and reporting. 996
(b) Mental health treatment courts must implement a 997
data collection plan, utilizing the treatment court case 998
management system, which shall include collecting the following 999
data: 1000
(i) Total number of participants; 1001
(ii) Total number of successful participants; 1002
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(iii) Total number of unsuccessful participants 1003
and the reason why each participant did not complete the program; 1004
(iv) Total number of participants who were 1005
arrested for a new criminal offense while in the mental health 1006
treatment court; 1007
(v) Total number of participants who were 1008
convicted of a new felony offense while in the mental health 1009
treatment court; 1010
(vi) Total number of participants who committed at 1011
least one (1) violation while in the mental health treatment court 1012
and the resulting sanction(s); 1013
(vii) Results of the initial risk and needs 1014
screening or other clinical assessments conducted on each 1015
participant; 1016
(viii) Total number of applications for screening 1017
by race, gender, offenses charged, indigence and if not accepted, 1018
the reason for nonacceptance; and 1019
(ix) Any other data or information as required by 1020
the Administrative Office of Courts. 1021
(3) All mental health treatment courts must measure 1022
successful completion of the program based on those participants 1023
who complete the program without a new criminal conviction. 1024
(4) (a) Mental health treatment courts must collect and 1025
submit to the Administrative Office of Courts each month, the 1026
following data: 1027
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(i) Total number of participants at the beginning 1028
of the month; 1029
(ii) Total number of participants at the end of 1030
the month; 1031
(iii) Total number of new participants who began 1032
the program in the month; 1033
(iv) Total number of participants who successfully 1034
completed the program in the month; 1035
(v) Total number of participants who left the 1036
program in the month; 1037
(vi) Total number of participants who were 1038
arrested for a new criminal offense while in the program in the 1039
month; 1040
(vii) Total number of participants who were 1041
convicted of a new criminal offense while in the program in the 1042
month; 1043
(viii) Total number of participants who committed 1044
at least one (1) violation while in the program and any resulting 1045
sanction(s); 1046
(ix) Total number of active participants who did 1047
not receive treatment in the month; 1048
(x) Total number of participants on prescribed 1049
psychotropic medications in the month; 1050
(xi) Total number of new participants admitted to 1051
an acute psychiatric facility or a crisis stabilization unit in 1052
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the first thirty (30) days of acceptance into the mental health 1053
treatment court; and 1054
(xii) Total number of participants admitted to an 1055
acute psychiatric facility or a crisis stabilization unit in the 1056
month. 1057
(b) By August 1, 2023, and each year thereafter, the 1058
Administrative Office of Courts shall report to the PEER Committee 1059
the information in subsection (4)(a) of this section in a 1060
sortable, electronic format. 1061
(5) A certified mental health treatment court may 1062
individually establish rules and may make special orders and rules 1063
as necessary that do not conflict with rules promulgated by the 1064
Supreme Court or the Administrative Office of Courts. 1065
(6) A certified mental health treatment court may appoint 1066
full- or part-time employees it deems necessary for the work of 1067
the mental health treatment court and shall fix the compensation 1068
of those employees, who shall serve at the will and pleasure of 1069
the circuit court judge who presides over the mental health 1070
treatment court. 1071
(7) A certified mental health treatment court established 1072
under this chapter is subject to the regulatory powers of the 1073
Administrative Office of Courts as set forth in Section 9-27-13. 1074
SECTION 30. Section 9-27-9, Mississippi Code of 1972, is 1075
brought forward as follows: 1076
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9-27-9. (1) Any mental and behavioral health treatment 1077
provider directly administering services to a participant shall be 1078
licensed by the appropriate state licensing board or hold a 1079
current and valid certification by the State Department of Mental 1080
Health or other appropriate state agency. 1081
(2) A mental health treatment court shall provide either 1082
directly or through referrals, a range of services, including, but 1083
not limited to, the following: 1084
(a) Screenings using a valid and reliable screening 1085
tool effective for identifying individuals with mental and 1086
behavioral health issues for eligibility and appropriate services; 1087
(b) Clinical assessment; 1088
(c) Referral to appropriate level of treatment 1089
services; 1090
(d) Counseling and treatment for co-occurring substance 1091
use disorders; 1092
(e) Employment Services; 1093
(f) Education and/or vocational services; and 1094
(g) Community service coordination, care and support. 1095
SECTION 31. Section 9-27-11, Mississippi Code of 1972, is 1096
brought forward as follows: 1097
9-27-11. (1) In order to be eligible for alternative 1098
sentencing through a local mental health treatment court, the 1099
defendant must satisfy each of the following criteria: 1100
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(a) The defendant cannot have any felony convictions 1101
for any offenses that are crimes of violence as defined in Section 1102
97-3-2, other than burglary under Section 97-17-23(1), within the 1103
previous ten (10) years. 1104
(b) The crime before the court cannot be a crime of 1105
violence as defined in Section 97-3-2, other than burglary under 1106
Section 97-17-23(1). 1107
(c) Other criminal proceedings alleging commission of a 1108
crime of violence other than burglary under Section 97-17-23(1) 1109
cannot be pending against the defendant. 1110
(d) The crime before the court cannot be a charge of 1111
driving under the influence of alcohol or any other substance that 1112
resulted in the death of a person. In addition, defendants who 1113
are ineligible for nonadjudication under Section 63-11-30 shall be 1114
ineligible to participate in a mental health treatment court. 1115
(e) The crime charged cannot be one of trafficking in 1116
controlled substances under Section 41-29-139(f), nor can the 1117
defendant have a prior conviction for the same. 1118
(2) Participation in the services of a mental health 1119
treatment component court shall be open only to the defendant over 1120
whom the court has jurisdiction, except that the court may agree 1121
to provide the services for participants referred from another 1122
mental health treatment court. In cases transferred from another 1123
jurisdiction, the receiving judge shall act as a special master 1124
and make recommendations to the sentencing judge. 1125
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(3) (a) As a condition of participation in a mental health 1126
treatment court, a defendant shall be required to undergo chemical 1127
testing as specified by the program. A participant is liable for 1128
the costs of all chemical tests required under this section, 1129
regardless of whether the costs are paid to the mental health 1130
treatment court or the laboratory; however, if testing is 1131
available from other sources or the program itself, the judge may 1132
waive any fees for testing. Fees may be waived if the defendant 1133
is determined by the court to be indigent. 1134
(b) A laboratory that performs a chemical test under 1135
this section shall report the results of the test to the mental 1136
health treatment court. 1137
(4) A defendant does not have a right to participate in a 1138
mental health treatment court under this chapter. The court 1139
having jurisdiction over a defendant for a matter before the court 1140
shall have the final determination about whether the defendant may 1141
participate in the mental health treatment court under this 1142
chapter. However, any defendant meeting the eligibility criteria 1143
in subsection (1) of this section, shall, upon request, be 1144
screened for admission into the court's program. 1145
SECTION 32. Section 9-27-13, Mississippi Code of 1972, is 1146
brought forward as follows: 1147
9-27-13. With regard to any mental health treatment court, 1148
the Administrative Office of Courts shall do the following: 1149
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(a) Certify and re-certify mental health treatment 1150
court applications that meet with standards established by the 1151
Administrative Office of Courts in accordance with this chapter. 1152
(b) Ensure that the structure of the mental health 1153
treatment court complies with rules adopted under this section and 1154
applicable federal regulations. 1155
(c) Revoke certification of a mental health treatment 1156
court upon a determination that the program does not comply with 1157
rules adopted under this section and applicable federal 1158
regulations. 1159
(d) Make agreements and contracts to effectuate the 1160
purposes of this chapter with: 1161
(i) Another department, authority or agency of the 1162
state; 1163
(ii) Another state; 1164
(iii) The federal government; 1165
(iv) A state-supported or private institute of 1166
higher learning; or 1167
(v) A public or private agency, foundation, 1168
corporation or individual. 1169
(e) Directly, or by contract, approve and certify any 1170
mental health treatment court component established under this 1171
chapter. 1172
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(f) Require, as a condition of operation, that each 1173
mental health treatment court created or funded under this chapter 1174
be certified by the Administrative Office of Courts. 1175
(g) Collect monthly data from each certified mental 1176
health treatment court and compile an annual report summarizing 1177
the data collected and the outcomes achieved. 1178
(h) Every three (3) years, if funding is available, 1179
contract with an external evaluator to conduct an evaluation of 1180
the compliance with the Bureau of Justice Assistance key 1181
components, as adapted for mental health treatment courts, and 1182
effectiveness of: 1183
(i) Statewide mental health treatment court 1184
program; and 1185
(ii) Individual mental health treatment courts. 1186
(i) Adopt rules to implement this chapter. 1187
SECTION 33. Section 9-27-15, Mississippi Code of 1972, is 1188
brought forward as follows: 1189
9-27-15. (1) All monies received from any source by a 1190
mental health treatment court shall be accumulated in a local fund 1191
to be used only for mental health treatment court purposes. Any 1192
funds remaining in a local fund at the end of a fiscal year shall 1193
not lapse into any general fund, but shall be retained in the 1194
mental health treatment court fund for the funding of further 1195
activities by the mental health treatment court. 1196
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(2) A mental health treatment court may apply for and 1197
receive the following: 1198
(a) Gifts, bequests and donations from private sources; 1199
(b) Grant and contract monies from governmental 1200
sources; or 1201
(c) Other forms of financial assistance approved by the 1202
court to supplement the budget of the mental health treatment 1203
court. 1204
(3) The costs of participation required by the mental health 1205
treatment court may be paid by the participant or out of user fees 1206
or such other state, federal or private funds that may, from time 1207
to time, be made available. 1208
(4) The mental health treatment court may assess reasonable 1209
and appropriate fees to be paid to the local mental health 1210
treatment court fund for participation in a mental health 1211
treatment court; however, all fees may be waived by the court if 1212
the defendant is determined by the court to be indigent. 1213
SECTION 34. Section 9-27-17, Mississippi Code of 1972, is 1214
brought forward as follows: 1215
9-27-17. The mental health treatment court coordinator and 1216
members of the professional and administrative staff of the mental 1217
health treatment court who perform duties in good faith under this 1218
chapter are immune from civil liability for: 1219
(a) Acts or omissions in providing services under this 1220
chapter; and 1221
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(b) The reasonable exercise of discretion in 1222
determining eligibility to participate in the mental health court. 1223
SECTION 35. Section 9-27-19, Mississippi Code of 1972, is 1224
brought forward as follows: 1225
9-27-19. If the participant completes all requirements 1226
imposed by the mental health treatment court, the charge and 1227
prosecution shall be dismissed. If the defendant was sentenced at 1228
the time of entry of a plea of guilty, the successful completion 1229
of the mental health treatment court order and other requirements 1230
of probation or suspension of sentence will result in the record 1231
of the criminal conviction or adjudication being expunged. 1232
However, no expunction of any implied consent violations shall be 1233
allowed. 1234
SECTION 36. Section 9-27-21, Mississippi Code of 1972, is 1235
brought forward as follows: 1236
9-27-21. (1) The Administrative Office of Courts shall be 1237
responsible for certification and monitoring of mental health 1238
treatment courts. 1239
(2) The Administrative Office of Courts shall promulgate 1240
rules and regulations to carry out the certification and 1241
re-certification process and make any other policies consistent 1242
with this section to carry out this process. 1243
(3) The Administrative Office of Courts shall establish, 1244
implement and operate a uniform certification process for all 1245
mental health treatment courts designed to adjudicate criminal 1246
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actions involving an identified classification of criminal 1247
defendants to ensure funding for mental health treatment courts 1248
which supports effective and proven behavioral health treatment 1249
practices that reduce recidivism among their participants. 1250
(4) (a) The Administrative Office of Courts shall establish 1251
a certification process that ensures any new or existing mental 1252
health treatment court meets standards for mental health treatment 1253
court operation. 1254
(b) Mental health treatment court certification 1255
application must include: 1256
(i) A description of the need for the mental 1257
health treatment court; 1258
(ii) The targeted population for the mental health 1259
treatment court; 1260
(iii) The eligibility criteria for mental health 1261
treatment court participants; 1262
(iv) A description of the process for identifying 1263
eligible participants, using a risk and needs screening and a 1264
clinical assessment which focuses on accepting moderate to 1265
high-risk individuals; and 1266
(v) A description of the mental health treatment 1267
court components, including anticipated budget, implementation 1268
plan, and a list of the evidence-based programs to which 1269
participants will be referred by the mental health treatment 1270
court. 1271
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ST: Administrative Office of Courts and
intervention courts; bring forward sections
related to.
(5) Every mental health treatment court shall be certified 1272
under the following schedule: 1273
(a) All certified mental health treatment courts in 1274
existence on December 31, 2022, must submit a recertification 1275
petition to the Administrative Office of Courts before July 1, 1276
2023. The mental health treatment court must submit a 1277
recertification petition every two (2) years. 1278
(b) A mental health treatment court's certification 1279
expires on December 31 of every odd calendar year. 1280
(6) A certified mental health treatment court established 1281
under this chapter is subject to the regulatory powers of the 1282
Administrative Office of Courts as set forth in Section 9-27-13. 1283
SECTION 37. This act shall take effect and be in force from 1284
and after July 1, 2026. 1285