Bill Amendment: MS SB2842 | 2017 | Regular Session
Bill Title: Mental health diversion pilot programs; authorize.
Status: 2017-03-23 - Died On Calendar [SB2842 Detail]
Download: Mississippi-2017-SB2842-House_Committee_Amendment_No_1.html
Pending
COMMITTEE AMENDMENT NO 1 PROPOSED TO
Senate Bill No. 2842
BY: Committee
Amend by striking all after the enacting clause and inserting in lieu thereof the following:
SECTION 1. This chapter shall be known and may be cited as the Mississippi Mental Health Court Act.
SECTION 2. (1) The Legislature recognizes the critical need for judicial intervention to establish court processes and procedures that are more responsive to the needs of defendants with mental illnesses, while maintaining public safety and the integrity of the court process. It is the intent of the Legislature to facilitate local mental health court alternatives that are adaptable to chancery, circuit, county, youth, municipal and justice courts.
(2) The goals of the mental health courts under this chapter include the following:
(a) Reduce the number of future criminal justice contacts among offenders with mental illnesses;
(b) Reduce the inappropriate institutionalization of people with mental illnesses;
(c) Improve the mental health and well-being of defendants who come in contact with the mental health court;
(d) Improve linkages between the criminal justice system and the mental health system;
(e) Expedite case processing;
(f) Protect public safety;
(g) Establish linkages with other state and local agencies and programs that target people with mental illnesses in order to maximize the delivery of services; and
(h) To use corrections resources more effectively by redirecting prison-bound offenders whose criminal conduct is driven in part by mental illnesses to intensive supervision and clinical treatment available in the mental health court.
SECTION 3. For the purposes of this chapter, the following words and phrases shall have the meanings as defined in this section unless the context clearly requires otherwise:
(a) "Chemical test(s)" means the analysis of a person's: (i) blood, (ii) breath, (iii) hair, (iv) sweat, (v) saliva, (vi) urine, or (vii) other bodily substance to determine the presence of alcohol or a controlled substance.
(b) "Crime of violence" means an offense listed in Section 97-3-2.
(c) "Mental health court" means an immediate and highly structured intervention process for mental health treatment of eligible defendants or juveniles that:
(i) Brings together mental health professionals, local social programs and intensive judicial monitoring; and
(ii) Follows the key components of the mental health court curriculum published by the Bureau of Justice of the United States Department of Justice.
(d) "Evidence-based practices" means supervision policies, procedures and practices that scientific research demonstrates reduce recidivism.
(e) "Risk and needs assessment" means the use of an actuarial assessment tool validated on a Mississippi corrections population to determine a person's risk to reoffend and the characteristics that, if addressed, reduce the risk to reoffend.
SECTION 4. The Administrative Office of Courts shall be responsible for certification and monitoring of local mental health courts according to standards promulgated by the State Mental Health Courts Advisory Committee.
SECTION 5. (1) The State Mental Health Courts Advisory Committee is established to develop and periodically update proposed statewide evaluation plans and models for monitoring all critical aspects of mental health courts. The committee shall provide the proposed evaluation plans to the Chief Justice and the Administrative Office of Courts. The committee shall be chaired by the Director of the Administrative Office of Courts and shall consist of not less than seven (7) members nor more than eleven (11) members appointed by the Supreme Court and shall be broadly representative of the courts, mental health treatment communities, law enforcement, corrections, juvenile justice and child protective services.
(2) The State Mental Health Courts Advisory Committee may also make recommendations to the Chief Justice, the Director of the Administrative Office of Courts and state officials concerning improvements to mental health court policies and procedures including the mental health court certification process. The committee may make suggestions as to the criteria for eligibility and other procedural and substantive guidelines for mental health court operation.
(3) The State Mental Health Courts Advisory Committee shall act as arbiter of disputes arising out of the operation of mental health courts established under this chapter and make recommendations to improve the mental health courts. The committee shall also make recommendations to the Supreme Court that are necessary and incident to compliance with established rules.
(4) The State Mental Health Courts Advisory Committee shall establish through rules and regulations a viable and fiscally responsible plan to expand the number of adult and juvenile mental health court programs operating in Mississippi. These rules and regulations shall include plans to increase participation in existing and future programs while maintaining their voluntary nature.
(5) The State Mental Health Courts Advisory Committee shall receive and review the monthly reports submitted to the Administrative Office of Courts by each certified mental health court and provide comments and make recommendations, as necessary, to the Chief Justice and the Director of the Administrative Office of Courts.
SECTION 6. (1) The Administrative Office of Courts shall establish, implement and operate a uniform certification process for all mental health courts to ensure that funding for mental health courts supports effective and proven practices that reduce recidivism and provide treatment for their participants.
(2) The Administrative Office of Courts shall establish a certification process that ensures any new or existing mental health court meets minimum standards for mental health court operation.
(a) These standards shall include, but are not limited to:
(i) The use of evidence-based practices including, but not limited to, the use of a valid and reliable risk and needs assessment tool to identify participants and deliver appropriate treatments;
(ii) Targeting medium to high risk offenders for participation;
(iii) The use of current, evidence-based interventions proven to provide mental health treatment;
(iv) Coordinated strategy between all mental health court program personnel;
(v) Ongoing judicial interaction with each participant; and
(vi) Monitoring and evaluation of mental health court program implementation and outcomes through data collection and reporting.
(b) Mental health court certification applications shall include:
(i) A description of the need for the mental health court;
(ii) The targeted population for the mental health court;
(iii) The eligibility criteria for mental health court participants;
(iv) A description of the process for identifying appropriate participants including the use of a risk and needs assessment and a clinical assessment;
(v) A description of the mental health court treatment components including anticipated budget and implementation plan;
(vi) The data collection plan, which shall include collecting the following data:
1. Total number of participants;
2. Total number of successful participants;
3. Total number of unsuccessful participants and the reason why each participant did not complete the program;
4. Total number of participants who were arrested for a new criminal offense while in the mental health court program;
5. Total number of participants who were convicted of a new felony or misdemeanor offense while in the mental health court program;
6. Total number of participants who committed at least one (1) violation while in the mental health court program and the resulting sanction(s);
7. Results of the initial risk and needs assessment or other clinical assessment conducted on each participant; and
8. Any other data or information as required by the Administrative Office of Courts.
(c) Every mental health court shall be certified under the following schedule:
(i) A mental health court application submitted on or after July 1, 2017, shall require certification of the mental health court based on the proposed mental health court plan;
(ii) A mental health court established on or after July 1, 2017, must be recertified after its second year of funded operation;
(iii) A mental health court in existence by July 1, 2017, must submit a certification petition by July 1, 2018, and be certified under the requirements of this section before expending mental health court resources budgeted for fiscal year 2019; and
(iv) All mental health courts shall submit a re-certification petition every two (2) years to the Administrative Office of Courts after the initial certification.
(3) All certified mental health courts shall measure successful completion of the mental health court based on those participants who complete the program without a new criminal conviction.
(4) (a) All certified mental health courts must collect and submit to the Administrative Office of Courts each month, the following data:
(i) Total number of participants at the beginning of the month;
(ii) Total number of participants at the end of the month;
(iii) Total number of participants who began the program in the month;
(iv) Total number of participants who successfully completed the mental health court in the month;
(v) Total number of participants who left the program in the month;
(vi) Total number of participants who were arrested for a new criminal offense while in the mental health court program in the month;
(vii) Total number of participants who were convicted for a new criminal arrest while in the mental health court program in the month; and
(viii) Total number of participants who committed at least one (1) violation while in the mental health court program and any resulting sanction(s).
(b) By August 1, 2018, and each year thereafter, the Administrative Office of Courts shall report to the PEER Committee the information in subsection (4)(a) of this section in a sortable, electronic format.
(5) All certified mental health courts may individually establish rules and may make special orders and rules as necessary that do not conflict with the rules promulgated by the Supreme Court or the Administrative Office of Courts.
(6) A certified mental health court may appoint the full or part-time employees that it deems necessary for the work of the mental health court and shall fix the compensation of those employees. Those employees shall serve at the will and pleasure of the judge or the judge's designee.
(7) The Administrative Office of Courts shall promulgate rules and regulations to carry out the certification and re-certification process and make any other policies not inconsistent with this section to carry out this process.
(8) A certified mental health court established under this chapter is subject to the regulatory powers of the Administrative Office of Courts as set forth in Section 9 of this act.
SECTION 7. (1) A mental health court's mental health intervention component shall provide for eligible persons, either directly or through referrals, a range of necessary court treatment services, including, but not limited to, the following:
(a) Screening using a valid and reliable assessment tool effective for identifying persons affected by mental health issues for eligibility and appropriate services;
(b) Clinical assessment;
(c) Education;
(d) Referral;
(e) Service coordination and case management; and
(f) Counseling and rehabilitative care.
(2) Any inpatient treatment ordered by the court shall be certified by the Department of Mental Health, other appropriate state agency or the equivalent agency of another state.
SECTION 8. (1) In order to be eligible for alternative sentencing through a local mental health court, the participant must satisfy each of the following criteria:
(a) The participant cannot have any felony convictions for any offenses that are crimes of violence as defined in Section 97-3-2 within the previous ten (10) years.
(b) The crime before the court cannot be a crime of violence as defined in Section 97-3-2.
(c) Other criminal proceedings alleging commission of a crime of violence cannot be pending against the participant.
(d) The participant cannot be currently charged with burglary of a dwelling under Section 97-17-23(2) or 97-17-37.
(e) The crime before the court cannot be a charge of driving under the influence of alcohol or any other drug or drugs that resulted in the death of a person.
(f) The crime charged cannot be one of trafficking in controlled substances under Section 41-29-139(f) or (g), nor can the participant have a prior conviction for same.
(2) Participation in the services of a mental health treatment component shall be open only to the individuals over whom the court has jurisdiction, except that the court may agree to provide the services for individuals referred from another mental health court. In cases transferred from another jurisdiction, the receiving judge shall act as a special master and make recommendations to the sentencing judge.
(3) (a) As a condition of participation in a mental health court, a participant may be required to undergo a chemical test or a series of chemical tests as specified by the mental health court. A participant is liable for the costs of all chemical tests required under this section, regardless of whether the costs are paid to the mental health court or the laboratory; however, if testing is available from other sources or the program itself, the judge may waive any fees for testing.
(b) A laboratory that performs a chemical test under this section shall report the results of the test to the mental health court.
(4) A person does not have a right to participate in mental health court under this chapter. The court having jurisdiction over a person for a matter before the court shall have the final determination about whether the person may participate in mental health court under this chapter.
SECTION 9. With regard to any mental health court established under this chapter, the Administrative Office of Courts shall do the following:
(a) Certify and re-certify mental health court applications that meet standards established by the Administrative Office of Courts in accordance with this chapter.
(b) Ensure that the structure of the treatment component complies with rules adopted under this section and applicable federal regulations.
(c) Revoke the authorization of a program upon a determination that the program does not comply with rules adopted under this section and applicable federal regulations.
(d) Make agreements and contracts to effectuate the purposes of this chapter with:
(i) Another department, authority or agency of the state;
(ii) Another state;
(iii) The federal government;
(iv) A state-supported or private university; or
(v) A public or private agency, foundation, corporation or individual.
(e) Directly, or by contract, approve and certify any treatment component established under this chapter.
(f) Require, as a condition of operation, that each mental health court created or funded under this chapter be certified by the Administrative Office of Courts.
(g) Collect monthly data reports submitted by all certified mental health courts, provide those reports to the State Mental Health Courts Advisory Committee, compile an annual report summarizing the data collected and the outcomes achieved by all certified mental health courts and submit the annual report to the Supreme Court, the Legislature and the Governor.
(h) Every three (3) years, contract with an external evaluator to conduct an evaluation of the effectiveness of the mental health court program, both statewide and individual mental health court programs, in complying with the key components of the mental health courts.
(i) Adopt rules to implement this chapter.
SECTION 10. (1) All monies received from any source by the mental health court shall be deposited in a fund to be used only for mental health court purposes. Any funds remaining in this fund at the end of a fiscal year shall not lapse into any general fund, but shall be retained in the mental health court fund for the funding of further activities by the mental health court.
(2) A mental health court may apply for and receive the following:
(a) Gifts, bequests and donations from private sources.
(b) Grant and contract monies from governmental sources.
(c) Other forms of financial assistance approved by the court to supplement the budget of the mental health court.
(3) The costs of participation in a mental health treatment program required by the certified mental health court may be paid by the participant or out of user fees or such other state, federal or private funds that may, from time to time, be made available.
(4) The court may assess such reasonable and appropriate fees to be paid to the local mental health court fund for participation in a mental health treatment program.
SECTION 11. The director and members of the professional and administrative staff of the mental health court who perform duties in good faith under this chapter are immune from civil liability for:
(a) Acts or omissions in providing services under this chapter; and
(b) The reasonable exercise of discretion in determining eligibility to participate in the mental health court.
SECTION 12. If the participant completes all requirements imposed upon him or her by the mental health court, including the payment of fines and fees assessed, the charge and prosecution shall be dismissed. If the defendant or participant was sentenced at the time of entry of a plea of guilty, the successful completion of the mental health court order and other requirements of probation or suspension of sentence will result in the record of the criminal conviction or adjudication being expunged. However, no expunction of any implied consent violation shall be allowed.
SECTION 13. There is created in the State Treasury a special fund to be known as the Mental Health Court Fund. The purpose of the fund shall be to provide supplemental funding to all mental health courts in the state. Monies in the fund shall be expended by the Administrative Office of Courts, upon appropriation by the Legislature, pursuant to procedures set by the State Mental Health Courts Advisory Committee to assist the mental health courts in the state. Any circuit or county may seek grants for the purposes of this act. Funds from other sources shall be distributed to the mental health courts in the state based on a formula set by the State Mental Health Courts Advisory Committee.
The fund shall consist of: (a) any monies that may be appropriated by the Legislature for the purposes of funding mental health courts; (b) the interest accruing to the fund; (c) monies received from the federal government; (d) monies receive from grants; and (e) monies received from such other sources as may be provided by law. Monies remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund.
SECTION 14. Sections 1 through 13 of this act shall be codified as a new chapter in Title 9, Mississippi Code of 1972.
SECTION 15. Section 43-21-357, Mississippi Code of 1972, is amended as follows:
43-21-357. (1) After receiving a report, the youth court intake unit shall promptly make a preliminary inquiry to determine whether the interest of the child, other children in the same environment or the public requires the youth court to take further action. As part of the preliminary inquiry, the youth court intake unit may request or the youth court may order the Department of Human Services, the Department of Youth Services, any successor agency or any other qualified public employee to make an investigation or report concerning the child and any other children in the same environment, and present the findings thereof to the youth court intake unit. If the youth court intake unit receives a neglect or abuse report, the youth court intake unit shall immediately forward the complaint to the Department of Human Services to promptly make an investigation or report concerning the child and any other children in the same environment and promptly present the findings thereof to the youth court intake unit. If it appears from the preliminary inquiry that the child or other children in the same environment are within the jurisdiction of the court, the youth court intake unit shall recommend to the youth court:
(a) That the youth court take no action;
(b) That an informal adjustment be made;
(c) The Department of Human Services, Division of Family and Children Services, monitor the child, family and other children in the same environment;
(d) That the child is warned or counseled informally;
(e) That the child be
referred to the youth court drug court; * * *
(f) That a petition be
filed * * *;
or
(g) That the child be referred to the youth court mental health court.
(2) The youth court shall then, without a hearing:
(a) Order that no action be taken;
(b) Order that an informal adjustment be made;
(c) Order that the Department of Human Services, Division of Family and Children Services, monitor the child, family and other children in the same environment;
(d) Order that the child is warned or counseled informally;
(e) Order that
the child be referred to the youth court drug court; * * *
(f) Order that a
petition be filed * * *;
or
(g) Order that the child be referred to the youth court mental health court.
(3) If the preliminary inquiry discloses that a child needs emergency medical treatment, the judge may order the necessary treatment.
SECTION 16. Section 25-3-35, Mississippi Code of 1972, is amended as follows:
25-3-35. (1) The annual salaries of the following judges are fixed as follows:
* * *
Chief Justice of the Supreme Court............. $159,000.00
Presiding Justices of the Supreme Court, each.. 154,833.00
Associate Justices of the Supreme Court, each.. 152,250.00
There are imposed upon the Supreme Court justices the extra duties of taking all necessary action to promote judicial education in schools, drug courts, mental health courts, electronic filing and case management systems as developed by the Administrative Office of Courts, or such other additional duties as may be assigned by the Chief Justice of the Supreme Court. For such extra services each justice, from and after January 1, 2013, shall receive a sum sufficient to aggregate, per annum, the salaries set forth in this subsection (1).
The fixed salaries in this subsection (1) shall be paid from the State General Fund and from the Judicial System Operation Fund created under Section 9-21-45. No less than: One Hundred Fifteen Thousand Three Hundred Ninety Dollars ($115,390.00) of the Chief Justice's salary in this subsection (1), One Hundred Thirteen Thousand One Hundred Ninety Dollars ($113,190.00) of the salary of a presiding justice in this subsection (1), and One Hundred Twelve Thousand Five Hundred Thirty Dollars ($112,530.00) of the salary of an associate justice in this subsection (1) shall be paid from general fund monies; in addition, the Legislature shall appropriate annually from the Judicial System Operation Fund a sum sufficient to increase the salary of the Chief Justice, a presiding justice and an associate justice to the levels set forth in this subsection (1).
The fixed salaries as specified in this subsection (1) shall be the exclusive and total compensation which can be reported to the Public Employees' Retirement System for retirement purposes; however, any judge in office on December 31, 2003, may continue to report his expense allowance as part of his compensation for retirement purposes.
(2) The annual salaries of the judges of the Court of Appeals of Mississippi are fixed as follows:
* * *
Chief Judge of the Court of Appeals............ $147,578.00
Associate Judges of the Court of Appeals, each. 144,827.00
From and after January 1, 2013, each judge shall receive a sum sufficient to aggregate, per annum, the salaries set forth in this subsection (2).
The fixed salaries in this subsection (2) shall be paid from the State General Fund and from the Judicial System Operation Fund created under Section 9-21-45. No less than One Hundred Eight Thousand One Hundred Thirty Dollars ($108,130.00) of the Chief Judge's salary in this subsection (2) shall be paid from general fund monies; in addition, the Legislature shall appropriate annually from the Judicial System Operation Fund a sum sufficient to increase the Chief Judge's salary to the level set forth in this subsection (2). No less than One Hundred Five Thousand Fifty Dollars ($105,050.00) of the salary of an associate judge in this subsection (2) shall be paid from general fund monies; in addition, the Legislature shall appropriate annually from the Judicial System Operation Fund a sum sufficient to increase the salary of an associate judge to the level set forth in this subsection (2).
The fixed salaries as specified in this subsection (2) shall be the exclusive and total compensation which can be reported to the Public Employees' Retirement System for retirement purposes; however, any judge in office on December 31, 2003, may continue to report his expense allowance as part of his compensation for retirement purposes.
(3) The annual salaries of the chancery and circuit court judges are fixed as follows:
* * *
Chancery Judges, each.......................... $136,000.00
Circuit Judges, each........................... 136,000.00
In addition to their present official duties, the circuit and chancery judges shall take necessary action to promote judicial education in schools, drug courts, mental health courts, electronic filing and case management systems as developed by the Administrative Office of Courts, or such other additional duties as may be assigned by the Chief Justice of the Supreme Court. For such extra services each judge, from and after January 1, 2013, shall receive a sum sufficient to aggregate, per annum, the salaries set forth in this subsection (3).
The fixed salaries in this subsection (3) shall be paid from the State General Fund and from the Judicial System Operation Fund created under Section 9-21-45. No less than One Hundred Four Thousand One Hundred Seventy Dollars ($104,170.00) of the salary of a chancery or circuit Judge in this subsection (3) shall be paid from general fund monies; in addition, the Legislature shall appropriate annually from the Judicial System Operation Fund a sum sufficient to increase the salary of a chancery or circuit judge to the levels set forth in this subsection (3).
(4) From and after January 1, 2019, and every four (4) years thereafter, the annual salaries of the judges in subsections (1), (2) and (3) shall be fixed at the level of compensation recommended by the State Personnel Board according to the board's most recent report on judicial salaries, as required under Section 25-9-115, to the extent that sufficient funds are available. The annual salaries fixed in accordance with this subsection (4) shall not become effective until the commencement of the next immediately succeeding term of office.
(5) The Supreme Court shall prepare a payroll for chancery judges and circuit judges and submit such payroll to the Department of Finance and Administration.
(6) The annual salary of
the full-time district attorneys shall be * * *
One Hundred Twenty-five Thousand Nine
Hundred Dollars ($125,900.00).
(7) The annual salary of the full-time legal assistants shall be not less than Fifteen Thousand Dollars ($15,000.00) nor more than eighty percent (80%) of the salary of the district attorney for legal assistants who have been licensed to practice law for five (5) years or less; eighty-five percent (85%) of the salary of the district attorney for legal assistants who have been licensed to practice law for at least five (5) years but less than fifteen (15) years; and ninety percent (90%) of the salary of the district attorney for legal assistants who have been licensed to practice law for at least fifteen (15) years or more.
SECTION 17. This act shall take effect and be in force from and after July 1, 2017.
Further, amend by striking the title in its entirety and inserting in lieu thereof the following:
AN ACT TO AUTHORIZE MENTAL HEALTH COURT INTERVENTION PROGRAMS; TO SPECIFY THE PURPOSE AND GOALS OF MENTAL HEALTH COURTS; TO PROVIDE CERTAIN DEFINITIONS; TO PROVIDE THAT THE ADMINISTRATIVE OFFICE OF COURTS SHALL BE RESPONSIBLE FOR CERTIFICATION AND MONITORING OF LOCAL MENTAL HEALTH COURTS; TO ESTABLISH THE STATE MENTAL HEALTH COURTS ADVISORY COMMITTEE; TO SPECIFY MINIMUM STANDARDS FOR MENTAL HEALTH COURTS; TO PROVIDE CERTAIN MENTAL HEALTH COURT INTERVENTION SERVICES; TO SET FORTH ALTERNATIVE SENTENCING ELIGIBILITY CRITERIA AND CONDITIONS; TO DESIGNATE THE POWERS OF THE ADMINISTRATIVE OFFICE OF COURTS REGARDING MENTAL HEALTH COURTS; TO AUTHORIZE MENTAL HEALTH COURTS TO RECEIVE FUNDS; TO PROVIDE IMMUNITY TO PERSONS WHO PERFORM THEIR MENTAL HEALTH COURT DUTIES IN GOOD FAITH; TO PROVIDE THAT PERSONS WHO COMPLETE ALL REQUIREMENTS IMPOSED BY THE MENTAL HEALTH COURT WILL HAVE THE RECORD EXPUNGED; TO ESTABLISH THE MENTAL HEALTH COURT FUND; TO AMEND SECTION 43-21-357, MISSISSIPPI CODE OF 1972, TO ALLOW THE YOUTH COURT INTAKE UNIT TO RECOMMEND THAT A CHILD BE REFERRED TO THE YOUTH COURT MENTAL HEALTH COURT AND TO ALLOW THE YOUTH COURT THE OPTION TO ORDER THAT A CHILD BE REFERRED TO THE YOUTH COURT MENTAL HEALTH COURT; TO AMEND SECTION 25-3-35, MISSISSIPPI CODE OF 1972, TO SPECIFY DUTIES IMPOSED ON SUPREME COURT JUSTICES, CHANCERY COURT JUDGES AND CIRCUIT COURT JUDGES RELATING TO MENTAL HEALTH COURTS; AND FOR RELATED PURPOSES.