Bill Text: MS HB615 | 2016 | Regular Session | Introduced
Bill Title: Mental Health Court; establish as pilot program in Hinds County.
Sponsorship: Bipartisan Bill
Status: (Failed) 2016-02-23 - Died In Committee [HB615 Detail]
Download: Mississippi-2016-HB615-Introduced.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Public Health and Human Services; Judiciary B
By: Representatives Currie, Reynolds
House Bill 615
AN ACT TO ESTABLISH A MENTAL HEALTH COURT PROGRAM AS A PILOT PROGRAM IN HINDS COUNTY; TO SPECIFY THE CRITERIA FOR A CRIMINAL DEFENDANT TO BE ADMITTED TO THE MENTAL HEALTH COURT PROGRAM; TO PROVIDE THAT THE COURT SHALL REQUIRE AN ELIGIBILITY SCREENING AND AN ASSESSMENT OF THE DEFENDANT; TO PROVIDE THAT THE IMPOSITION OF EXECUTION OF SENTENCE SHALL BE POSTPONED WHILE THE DEFENDANT IS ENROLLED IN THE MENTAL HEALTH COURT PROGRAM, AND AS LONG AS THE DEFENDANT COMPLIES WITH THE CONDITIONS OF HIS AGREEMENT, HE SHALL REMAIN ON PROBATION; TO PROVIDE THAT AT THE CONCLUSION OF THE PERIOD OF PROBATION, THE COURT MAY REVOKE PROBATION, EXTEND THE PROBATION OR DISMISS THE CONVICTION; TO REQUIRE THE DEFENDANT TO EXECUTE A WRITTEN AGREEMENT TO PARTICIPATE IN THE MENTAL HEALTH COURT PROGRAM; TO AUTHORIZE THE COURT TO IMPOSE SANCTIONS ON THE DEFENDANT IF CERTAIN CONDITIONS ARE MET; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the "Mental Health Court Act."
SECTION 2. (1) The Mississippi Legislature recognizes and finds that:
(a) A significant percentage of criminal defendants have a diagnosable mental illness;
(b) Such mental illnesses tend to have a negative effect on the criminal justice system in Mississippi;
(c) Mental illness and substance abuse issues co-occur in a substantial percentage of criminal defendants;
(d) There is a critical need for a program within the criminal justice system designed to reduce the number of defendants with either mental illness issues or co-occurring mental illness and substance abuse issues; and
(e) Such programs also should seek to address recidivism percentages among criminal defendants dealing with both mental illness and co-occurring mental illness and substance abuse issues, thus reducing the incidence of crimes committed as a result of mental illness and co-occurring mental illness and substance abuse issues.
(2) It is therefore the intent of the Legislature to provide for the creation of a specialized mental health court with the necessary flexibility to address the issues of criminal defendants with either mental illness or co-occurring mental illness and substance abuse issues.
SECTION 3. For the purposes of this act, the following terms shall have the meanings as defined in this section, unless the context clearly indicates otherwise:
(a) "Co-occurring mental health and substance abuse treatment program" means a program that, through the participation of professionals with training and experience in treating persons with mental illness issues and co-occurring mental illness and substance abuse issues, addresses the needs of criminal defendants with either mental illness or co-occurring mental health and substance abuse issues.
(b) "Mental health court" or "mental health court program" means a structured judicial intervention process for mental health treatment of eligible criminal defendants that includes mental health court professionals, local social programs, and intensive judicial monitoring in support of such defendants.
(c) "Mental health court professional" means a member of the mental health court team, including but not limited to a judge, prosecutor, defense attorney, probation officer, coordinator, treatment provider, behavioral health advocate, or case manager.
SECTION 4. There is established a mental health court program as a pilot program in the Circuit Court of the First Judicial District of Hinds County, Mississippi. The circuit court may designate one or more divisions to preside over the mental health court program, and the circuit court shall assign appropriate alcohol- or drug-related offenses to the mental health court program. The expenses related to the administration and operation of the mental health court program shall be funded from monies appropriated by the Legislature to the circuit court for that purpose.
SECTION 5. (1) A criminal defendant may be admitted to the mental health court program if all of the following criteria are met:
(a) A diagnosis by a qualified mental health professional of mental illness or co-occurring mental illness and substance abuse;
(b) Consent of the prosecutor and the court assigned to the criminal defendant's case; and
(c) Consent of the defendant.
(2) A criminal defendant may be excluded from the mental health court program if any of the following occurs:
(a) The defendant fails to demonstrate a willingness to participate in a recommended mental health court program;
(b) The criminal defendant has, within the previous ten (10) years not including incarceration time, been convicted of any one (1) of the following enumerated crimes:
(i) First or second degree murder;
(ii) Aggravated or criminal sexual assault, including sexual assault of a child;
(iii) Armed robbery;
(iv) Arson;
(v) Stalking; or
(vi) Any crimes of violence involving the discharge of a firearm.
SECTION 6. (1) The court shall require an eligibility screening and an assessment of the defendant. If a valid assessment related to the present charge pending against the defendant has been completed within the previous sixty (60) days, the eligibility and assessment need not be ordered.
(2) When appropriate, the imposition of execution of sentence shall be postponed while the defendant is enrolled in the mental health court program. As long as the defendant complies with the conditions of his agreement, he shall remain on probation. At the conclusion of the period of probation, the district attorney, on advice of the person providing the probationer's treatment and the probation officer, may recommend that the court take one (1) of the following courses of action:
(a) That the probationer's probation be revoked and the probationer be sentenced if the probationer has not successfully completed the treatment or has violated one or more of the conditions of his probation; or, if already sentenced, that the probation be revoked and the probationer be remanded to the appropriate custodian for service of that sentence;
(b) That the period of probation be extended so that the probationer may continue the program; or
(c) That the probationer's conviction be set aside and the prosecution dismissed if the probationer has successfully completed all the conditions of his probation and his treatment agreement. The district attorney shall make the final determination as to whether to request revocation, extension or dismissal.
(3) The judge shall inform the defendant that if the defendant fails to meet the requirements of the mental health court program, eligibility to participate in the program may be revoked. That revocation will result in the defendant being sentenced.
(4) The defendant shall execute a written document that contains the following criteria:
(a) An agreement to participate in the mental health court program; and
(b) An agreement to all terms and conditions of the program including, but not limited to, the possibility of sanctions or incarceration for failing to abide by or comply with the terms of the program.
(5) (a) The court may order a defendant enrolled in the mental health court program to complete mental health or substance abuse treatment in an outpatient, inpatient, residential, or jail-based custodial treatment program.
(b) Any period of time that a defendant serves in a jail-based treatment program may not be reduced by the accumulation of good time or other credits.
(6) The mental health court program may include a regimen of graduated requirements and rewards and sanctions, including but not limited to the following:
(a) Fines;
(b) Fees;
(c) Costs;
(d) Restitution;
(e) Incarceration of not more than one hundred eighty (180) days;
(f) Individual and group therapy;
(g) Medication;
(h) Supervision of progress;
(i) Educational or vocational counseling, as appropriate; and
(j) Any other reasonable requirements necessary to complete the mental health court program.
SECTION 7. (1) The mental health court program may maintain or collaborate with a network of mental health treatment programs and, if the defendant has co-occurring mental illness and substance abuse issues, a network of treatment programs dealing with co-occurring mental illness and substance abuse treatment programs, representing a continuum of treatment options commensurate with the needs of defendants and in accordance with available resources. The mental health court program may designate a court liaison to monitor the progress of defendants in their assigned treatment programs on behalf of the court.
(2) Any mental illness or substance abuse treatment to which defendants are referred must be licensed by the state and must be in compliance with all rules governing those programs operating in the State of Mississippi.
(3) The mental health court program may, at its discretion, employ additional services or interventions, as it deems necessary on a case-by-case basis.
SECTION 8. (1) Violations by the defendant. If a court finds, from the evidence presented, including, but not limited to, the reports or proffers of proof from the mental health court professionals that any of the following conditions are met, sanctions may be imposed:
(a) The defendant is not performing satisfactorily in the assigned program;
(b) The defendant is not benefitting from education, treatment, or rehabilitation;
(c) The defendant has engaged in criminal conduct rendering the defendant unsuitable for continuing participation in the program;
(d) The defendant has otherwise violated the terms and conditions of the program or of the defendant's sentence; or
(e) The defendant is for any reason unable to continue participation in the program.
(2) Sanctions. The court may impose reasonable sanctions under prior written agreement of the defendant including, but not limited to, imprisonment or dismissal of the defendant from participation in the program.
(3) Dismissal from the program. (a) If an individual who has enrolled in the mental health court program violates any of the conditions of his probation or his treatment agreement or appears to be performing unsatisfactorily in the assigned program, or if it appears that the probationer is not benefitting from education, treatment, or rehabilitation, the treatment supervisor, probation officer, or the district attorney may move the court to dismiss the individual from the mental health court program.
(b) If the court dismisses the defendant from the mental health court program, the defendant shall be provided with the specific reasons for his dismissal from the program.
(4) Discharge from criminal charges. Upon successful completion of the terms and conditions of the program, the court may do any of the following:
(a) The court may dismiss the original criminal charges against the defendant;
(b) The court may successfully terminate the original sentence of the defendant; or
(c) The court may otherwise discharge the defendant from the program or from any further proceedings against the defendant as may be pending in the original criminal matter.
SECTION 9. This act shall take effect and be in force from and after July 1, 2016.
