Mental health treatment court; provide clear authorization for, revise eligibility for.

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To: Judiciary, Division A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Mumford, Jackson, Gillespie
Isom, Pope

SENATE BILL NO. 2744

AN ACT TO AMEND SECTION 9-27-5, MISSISSIPPI CODE OF 1972, TO 1
DEFINE THE TERM "COURT" OR "MENTAL HEALTH TREATMENT COURT"; TO 2
AMEND SECTION 9-27-7, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE 3
PRESIDING JUDGE OF ANY CIRCUIT, COUNTY OR MUNICIPAL COURT TO 4
ESTABLISH A MENTAL HEALTH TREATMENT COURT; TO AUTHORIZE A MENTAL 5
HEALTH TREATMENT COURT TO OPERATE WITHIN AN EXISTING COURT OR 6
INTERVENTION COURT; TO PROVIDE THAT SUBJECT TO APPROPRIATION BY 7
THE LEGISLATURE A MENTAL HEALTH TREATMENT COURT SHALL OPERATE 8
USING A MULTIDISCIPLINARY TEAM; TO AMEND SECTION 9-27-11, 9
MISSISSIPPI CODE OF 1972, TO REVISE THE ELIGIBILITY REQUIREMENTS 10
OF A MENTAL HEALTH TREATMENT COURT; TO AMEND SECTION 9-27-19, 11
MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COURT TO IMPOSE 12
SANCTION OR TERMINATE THE PARTICIPATION OF THE OFFENDER AND REFER 13
THE CASE TO THE COURT OF ORIGIN TO RESUME CRIMINAL PROCEEDINGS IF 14
THE PARTICIPANT FAILS TO COMPLY WITH THE REQUIREMENTS OF A MENTAL 15
HEALTH TREATMENT COURT; TO BRING FORWARD SECTIONS 9-27-1, 9-27-3, 16
9-27-9, 9-27-13, 9-27-15, 9-27-17 AND 9-27-21, MISSISSIPPI CODE OF 17
1972, WHICH ARE THE REMAINING PROVISION WITHIN CHAPTER 27 OF TITLE 18
9, FOR POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES. 19
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 20
SECTION 1. Section 9-27-5, Mississippi Code of 1972, is 21
amended as follows: 22
9-27-5. For the purposes of this chapter, the following 23
words and phrases shall have the meanings ascribed unless the 24
context clearly requires otherwise: 25
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(a) "Behavioral health" means the promotion of mental 26
health, resilience and wellbeing; the treatment of mental and 27
substance use disorders; and the support of those who experience 28
and/or are in recovery from these conditions, along with their 29
families and communities. 30
(b) "Chemical tests" means the analysis of an 31
individual's: (i) blood, (ii) breath, (iii) hair, (iv) sweat, (v) 32
saliva, (vi) urine, or (vii) other bodily substance to determine 33
the presence of alcohol or a controlled substance. 34
(c) "Clinical assessment" means the use of an actuarial 35
assessment tool which evaluates an individual's physical, medical, 36
cognitive, psychological (personality, emotions, beliefs and 37
attitudes), and behavioral history and current conditions in order 38
to determine the presence and severity of any mental health 39
disorder. 40
(d) "Co-occurring disorder" means coexistence of both a 41
mental health and a substance use disorder as defined in the 42
Diagnostic and Statistical Manual (DSM). 43
(e) "Court" or "mental health treatment court" means 44
the mental health treatment court authorized under this chapter 45
within a circuit, county or municipal court. 46
( * * *f) "Diagnostic and Statistical Manual (DSM)" is 47
the publication by the American Psychiatric Association used by 48
behavioral health professionals for the classification and 49
diagnosing of mental health disorders. 50
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( * * *g) "Evidence-based practices" means practices 51
which have been empirically researched and proven to have 52
measurable positive outcomes; have been rigorously tested; have 53
yielded consistent, replicable results; and have proven safe, 54
beneficial and effective for a specific population. 55
( * * *h) "Mental health" means a state of mental or 56
emotional well-being that enables people to cope with the stresses 57
of life, realize their abilities, learn, work well, and contribute 58
to their community. 59
( * * *i) "Mental health disorder" means a syndrome 60
characterized by a clinically significant disturbance in an 61
individual's cognition, emotion regulation or behavior that 62
reflects a dysfunction in the psychological, biological or 63
developmental process underlying mental functioning as defined by 64
the current Diagnostic and Statistical Manual of Mental Disorders 65
as published by the American Psychiatric Association. 66
( * * *j) "Mental Health Treatment program" means a 67
highly structured evidence-based program for mental and behavioral 68
health treatment of defendants that: 69
(i) Brings together mental health professionals, 70
local social programs and intensive judicial monitoring; 71
(ii) Follows the key components of the mental 72
health treatment court curriculum published by the Bureau of 73
Justice Assistance; and 74
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(iii) Utilizes supervision, policies, procedures 75
and practices that scientific research demonstrates reduces 76
recidivism. 77
( * * *k) "Risk and needs assessment" means an 78
actuarial evaluation tool to guide decision making at various 79
points across the criminal justice continuum by approximating an 80
individual's likelihood of reoffending and determining what 81
individual criminogenic needs must be addressed to reduce that 82
likelihood. Criminogenic risk and needs assessment tools consist 83
of questions that are designed to ascertain someone's history of 84
criminal behavior, attitudes and personality, and life 85
circumstances. 86
( * * *l) "Risk and needs screening" means the use of a 87
brief actuarial tool that is used to determine a defendant's 88
eligibility of a mental health treatment court by measuring the 89
criminogenic risk and needs, identifying risk and protective 90
factors, supports development of case management plan goals and 91
determines the need of a full risk and needs assessment. 92
( * * *m) "Substance use disorder" means a cluster of 93
cognitive, behavioral, and physiological symptoms indicating that 94
the individual continues using the substance despite significant 95
substance-related problems such as impaired control, social 96
impairment, risky behaviors, and pharmacological tolerance and 97
withdrawal. 98
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SECTION 2. Section 9-27-7, Mississippi Code of 1972, is 99
amended as follows: 100
9-27-7. (1) The presiding judge of any circuit, county or 101
municipal court may establish a mental health treatment court 102
under this chapter. 103
(2) (a) As determined by the presiding judge, in 104
conjunction with the Administrative Office of Courts, a mental 105
health court may operate within an existing court or intervention 106
court with a: 107
(i) separate docket; or 108
(ii) specialized calendar. 109
(b) The Administrative Office of Courts is the 110
repository for reports filed by mental health treatment courts 111
established under this chapter. 112
(3) The goal of the mental health treatment courts is to 113
support effective and proven practices that reduce recidivism and 114
provide behavioral health treatment for participants. 115
( * * *4) Mental health treatment courts must adhere to the 116
standards established in this chapter. 117
(a) These standards shall include, but are not limited 118
to: 119
(i) The use of evidence-based practices including, 120
but not limited to, the use of a valid and reliable risk and needs 121
screening tool to identify participants, deliver appropriate 122
treatments and services; 123
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(ii) Targeting moderate to high-risk offenders for 124
participation; 125
(iii) Utilizing current, evidence-based practices 126
proven effective for behavioral health treatment; 127
(iv) Frequent testing for alcohol or drugs; 128
(v) Coordinated strategy between all mental health 129
treatment court personnel; 130
(vi) Ongoing judicial interaction with each 131
participant; and 132
(vii) Monitoring and evaluation of mental health 133
treatment court implementation and outcomes through data 134
collection and reporting. 135
(b) Mental health treatment courts must implement a 136
data collection plan, utilizing the treatment court case 137
management system, which shall include collecting the following 138
data: 139
(i) Total number of participants; 140
(ii) Total number of successful participants; 141
(iii) Total number of unsuccessful participants 142
and the reason why each participant did not complete the program; 143
(iv) Total number of participants who were 144
arrested for a new criminal offense while in the mental health 145
treatment court; 146
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(v) Total number of participants who were 147
convicted of a new felony offense while in the mental health 148
treatment court; 149
(vi) Total number of participants who committed at 150
least one (1) violation while in the mental health treatment court 151
and the resulting sanction(s); 152
(vii) Results of the initial risk and needs 153
screening or other clinical assessments conducted on each 154
participant; 155
(viii) Total number of applications for screening 156
by race, gender, offenses charged, indigence and if not accepted, 157
the reason for nonacceptance; and 158
(ix) Any other data or information as required by 159
the Administrative Office of Courts. 160
( * * *5) All mental health treatment courts must measure 161
successful completion of the program based on those participants 162
who complete the program without a new criminal conviction. 163
( * * *6) (a) Mental health treatment courts must collect 164
and submit to the Administrative Office of Courts each month, the 165
following data: 166
(i) Total number of participants at the beginning 167
of the month; 168
(ii) Total number of participants at the end of 169
the month; 170
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(iii) Total number of new participants who began 171
the program in the month; 172
(iv) Total number of participants who successfully 173
completed the program in the month; 174
(v) Total number of participants who left the 175
program in the month; 176
(vi) Total number of participants who were 177
arrested for a new criminal offense while in the program in the 178
month; 179
(vii) Total number of participants who were 180
convicted of a new criminal offense while in the program in the 181
month; 182
(viii) Total number of participants who committed 183
at least one (1) violation while in the program and any resulting 184
sanction(s); 185
(ix) Total number of active participants who did 186
not receive treatment in the month; 187
(x) Total number of participants on prescribed 188
psychotropic medications in the month; 189
(xi) Total number of new participants admitted to 190
an acute psychiatric facility or a crisis stabilization unit in 191
the first thirty (30) days of acceptance into the mental health 192
treatment court; and 193
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(xii) Total number of participants admitted to an 194
acute psychiatric facility or a crisis stabilization unit in the 195
month. 196
(b) By August 1, 2023, and each year thereafter, the 197
Administrative Office of Courts shall report to the PEER Committee 198
the information in subsection (4)(a) of this section in a 199
sortable, electronic format. 200
( * * *7) A certified mental health treatment court may 201
individually establish rules and may make special orders and rules 202
as necessary that do not conflict with rules promulgated by the 203
Supreme Court or the Administrative Office of Courts. 204
( * * *8) A certified mental health treatment court may 205
appoint full- or part-time employees it deems necessary for the 206
work of the mental health treatment court and shall fix the 207
compensation of those employees, who shall serve at the will and 208
pleasure of the circuit court judge who presides over the mental 209
health treatment court. 210
(9) Subject to appropriation by the Legislature, a mental 211
health treatment court under this chapter shall operate using a 212
multidisciplinary team, to include: a mental health treatment 213
court judge, a prosecuting attorney, the participant's attorney; a 214
probation or supervision officer, a licensed mental health 215
professional, and a representative from a community-based 216
treatment provider when available. 217
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( * * *10) A certified mental health treatment court 218
established under this chapter is subject to the regulatory powers 219
of the Administrative Office of Courts as set forth in Section 220
9-27-13. 221
SECTION 3. Section 9-27-11, Mississippi Code of 1972, is 222
amended as follows: 223
9-27-11. (1) In order to be eligible for alternative 224
sentencing through a local mental health treatment court, the 225
defendant must satisfy each of the following criteria: 226
(a) The defendant cannot have any felony convictions 227
for any offenses * * * of capital murder. 228
(b) The crime before the court cannot be * * * capital 229
murder. 230
(c) Other criminal proceedings alleging commission 231
of * * * capital murder cannot be pending against the defendant. 232
(d) The crime before the court cannot be a charge of 233
driving under the influence of alcohol or any other substance that 234
resulted in the death of a person. In addition, defendants who 235
are ineligible for nonadjudication under Section 63-11-30 shall be 236
ineligible to participate in a mental health treatment court. 237
* * * 238
(2) (a) An offender, who meets the other eligibility 239
requirements of this section, shall be eligible for participation 240
in a mental health treatment court, pending the court's 241
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considerations under paragraph (b) of this subsection, if the 242
court determines that: 243
(i) The offender has a diagnosed serious mental 244
illness or co-occurring mental health and substance use disorder; 245
(ii) The mental illness significantly contributed 246
to the charged offense; and 247
(iii) The offender is amenable to treatment and 248
supervision within a mental health treatment court. 249
(b) The court shall consider public safety, input from 250
a victim, where applicable, and the defendant's criminal history 251
in determining eligibility. 252
( * * *3) Participation in the services of a mental health 253
treatment component court shall be open only to the defendant over 254
whom the court has jurisdiction, except that the court may agree 255
to provide the services for participants referred from another 256
mental health treatment court. In cases transferred from another 257
jurisdiction, the receiving judge shall act as a special master 258
and make recommendations to the sentencing judge. 259
( * * *4) (a) As a condition of participation in a mental 260
health treatment court, a defendant shall be required to undergo 261
chemical testing as specified by the program. A participant is 262
liable for the costs of all chemical tests required under this 263
section, regardless of whether the costs are paid to the mental 264
health treatment court or the laboratory; however, if testing is 265
available from other sources or the program itself, the judge may 266
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waive any fees for testing. Fees may be waived if the defendant 267
is determined by the court to be indigent. 268
(b) A laboratory that performs a chemical test under 269
this section shall report the results of the test to the mental 270
health treatment court. 271
( * * *5) A defendant does not have a right to participate 272
in a mental health treatment court under this chapter. The court 273
having jurisdiction over a defendant for a matter before the court 274
shall have the final determination about whether the defendant may 275
participate in the mental health treatment court under this 276
chapter. However, any defendant meeting the eligibility criteria 277
in subsection (1) of this section, shall, upon request, be 278
screened for admission into the court's program. 279
SECTION 4. Section 9-27-19, Mississippi Code of 1972, is 280
amended as follows: 281
9-27-19. If the participant completes all requirements 282
imposed by the mental health treatment court, the charge and 283
prosecution shall be dismissed. If the defendant was sentenced at 284
the time of entry of a plea of guilty, the successful completion 285
of the mental health treatment court order and other requirements 286
of probation or suspension of sentence will result in the record 287
of the criminal conviction or adjudication being expunged. 288
However, no expunction of any implied consent violations shall be 289
allowed. If the participant fails to comply with the requirements 290
of a mental health treatment court, the court may impose sanction 291
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or terminate the participation of the offender and refer the case 292
to the court of origin to resume criminal proceedings. 293
SECTION 5. Section 9-27-1, Mississippi Code of 1972, is 294
brought forward as follows: 295
9-27-1. This chapter shall be known and may be cited as the 296
"Rivers McGraw Mental Health Treatment Court Act." 297
SECTION 6. Section 9-27-3, Mississippi Code of 1972, is 298
brought forward as follows: 299
9-27-3. (1) The Legislature recognizes the critical need 300
for judicial intervention to establish court processes and 301
procedures that are more responsive to the needs of defendants 302
with mental illnesses, while maintaining public safety and the 303
integrity of the court process. 304
(2) The goals of the mental health treatment courts under 305
this chapter include the following: 306
(a) Reduce the number of future criminal justice 307
contacts among offenders with mental illnesses; 308
(b) Reduce the inappropriate institutionalization of 309
people with mental illnesses; 310
(c) Improve the mental and behavioral health and 311
well-being of defendants who come in contact with the criminal 312
justice system; 313
(d) Improve linkages between the criminal justice 314
system and the mental health system; 315
(e) Expedite case processing; 316
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(f) Protect public safety; 317
(g) Establish linkages with other state and local 318
agencies and programs that target people with mental illnesses in 319
order to maximize the delivery of services; and 320
(h) To use corrections resources more effectively by 321
redirecting prison-bound offenders whose criminal conduct is 322
driven in part by mental illnesses to intensive supervision and 323
clinical treatment available in the mental health treatment court. 324
SECTION 7. Section 9-27-9, Mississippi Code of 1972, is 325
brought forward as follows: 326
9-27-9. (1) Any mental and behavioral health treatment 327
provider directly administering services to a participant shall be 328
licensed by the appropriate state licensing board or hold a 329
current and valid certification by the State Department of Mental 330
Health or other appropriate state agency. 331
(2) A mental health treatment court shall provide either 332
directly or through referrals, a range of services, including, but 333
not limited to, the following: 334
(a) Screenings using a valid and reliable screening 335
tool effective for identifying individuals with mental and 336
behavioral health issues for eligibility and appropriate services; 337
(b) Clinical assessment; 338
(c) Referral to appropriate level of treatment 339
services; 340
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(d) Counseling and treatment for co-occurring substance 341
use disorders; 342
(e) Employment Services; 343
(f) Education and/or vocational services; and 344
(g) Community service coordination, care and support. 345
SECTION 8. Section 9-27-13, Mississippi Code of 1972, is 346
brought forward as follows: 347
9-27-13. With regard to any mental health treatment court, 348
the Administrative Office of Courts shall do the following: 349
(a) Certify and re-certify mental health treatment 350
court applications that meet with standards established by the 351
Administrative Office of Courts in accordance with this chapter. 352
(b) Ensure that the structure of the mental health 353
treatment court complies with rules adopted under this section and 354
applicable federal regulations. 355
(c) Revoke certification of a mental health treatment 356
court upon a determination that the program does not comply with 357
rules adopted under this section and applicable federal 358
regulations. 359
(d) Make agreements and contracts to effectuate the 360
purposes of this chapter with: 361
(i) Another department, authority or agency of the 362
state; 363
(ii) Another state; 364
(iii) The federal government; 365
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(iv) A state-supported or private institute of 366
higher learning; or 367
(v) A public or private agency, foundation, 368
corporation or individual. 369
(e) Directly, or by contract, approve and certify any 370
mental health treatment court component established under this 371
chapter. 372
(f) Require, as a condition of operation, that each 373
mental health treatment court created or funded under this chapter 374
be certified by the Administrative Office of Courts. 375
(g) Collect monthly data from each certified mental 376
health treatment court and compile an annual report summarizing 377
the data collected and the outcomes achieved. 378
(h) Every three (3) years, if funding is available, 379
contract with an external evaluator to conduct an evaluation of 380
the compliance with the Bureau of Justice Assistance key 381
components, as adapted for mental health treatment courts, and 382
effectiveness of: 383
(i) Statewide mental health treatment court 384
program; and 385
(ii) Individual mental health treatment courts. 386
(i) Adopt rules to implement this chapter. 387
SECTION 9. Section 9-27-15, Mississippi Code of 1972, is 388
brought forward as follows: 389
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9-27-15. (1) All monies received from any source by a 390
mental health treatment court shall be accumulated in a local fund 391
to be used only for mental health treatment court purposes. Any 392
funds remaining in a local fund at the end of a fiscal year shall 393
not lapse into any general fund, but shall be retained in the 394
mental health treatment court fund for the funding of further 395
activities by the mental health treatment court. 396
(2) A mental health treatment court may apply for and 397
receive the following: 398
(a) Gifts, bequests and donations from private sources; 399
(b) Grant and contract monies from governmental 400
sources; or 401
(c) Other forms of financial assistance approved by the 402
court to supplement the budget of the mental health treatment 403
court. 404
(3) The costs of participation required by the mental health 405
treatment court may be paid by the participant or out of user fees 406
or such other state, federal or private funds that may, from time 407
to time, be made available. 408
(4) The mental health treatment court may assess reasonable 409
and appropriate fees to be paid to the local mental health 410
treatment court fund for participation in a mental health 411
treatment court; however, all fees may be waived by the court if 412
the defendant is determined by the court to be indigent. 413
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SECTION 10. Section 9-27-17, Mississippi Code of 1972, is 414
brought forward as follows: 415
9-27-17. The mental health treatment court coordinator and 416
members of the professional and administrative staff of the mental 417
health treatment court who perform duties in good faith under this 418
chapter are immune from civil liability for: 419
(a) Acts or omissions in providing services under this 420
chapter; and 421
(b) The reasonable exercise of discretion in 422
determining eligibility to participate in the mental health court. 423
SECTION 11. Section 9-27-21, Mississippi Code of 1972, is 424
brought forward as follows: 425
9-27-21. (1) The Administrative Office of Courts shall be 426
responsible for certification and monitoring of mental health 427
treatment courts. 428
(2) The Administrative Office of Courts shall promulgate 429
rules and regulations to carry out the certification and 430
re-certification process and make any other policies consistent 431
with this section to carry out this process. 432
(3) The Administrative Office of Courts shall establish, 433
implement and operate a uniform certification process for all 434
mental health treatment courts designed to adjudicate criminal 435
actions involving an identified classification of criminal 436
defendants to ensure funding for mental health treatment courts 437
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which supports effective and proven behavioral health treatment 438
practices that reduce recidivism among their participants. 439
(4) (a) The Administrative Office of Courts shall establish 440
a certification process that ensures any new or existing mental 441
health treatment court meets standards for mental health treatment 442
court operation. 443
(b) Mental health treatment court certification 444
application must include: 445
(i) A description of the need for the mental 446
health treatment court; 447
(ii) The targeted population for the mental health 448
treatment court; 449
(iii) The eligibility criteria for mental health 450
treatment court participants; 451
(iv) A description of the process for identifying 452
eligible participants, using a risk and needs screening and a 453
clinical assessment which focuses on accepting moderate to 454
high-risk individuals; and 455
(v) A description of the mental health treatment 456
court components, including anticipated budget, implementation 457
plan, and a list of the evidence-based programs to which 458
participants will be referred by the mental health treatment 459
court. 460
(5) Every mental health treatment court shall be certified 461
under the following schedule: 462
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ST: Mental health treatment court; provide
clear authorization for, revise eligibility for.
(a) All certified mental health treatment courts in 463
existence on December 31, 2022, must submit a recertification 464
petition to the Administrative Office of Courts before July 1, 465
2023. The mental health treatment court must submit a 466
recertification petition every two (2) years. 467
(b) A mental health treatment court's certification 468
expires on December 31 of every odd calendar year. 469
(6) A certified mental health treatment court established 470
under this chapter is subject to the regulatory powers of the 471
Administrative Office of Courts as set forth in Section 9-27-13. 472
SECTION 12. This act shall take effect and be in force from 473
and after July 1, 2026. 474