Bill Text: MS HB976 | 2026 | Regular Session | Introduced
Bill Title: Drug and alcohol treatment; require 30-day minimum in-patient treatment.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2026-02-03 - Died In Committee [HB976 Detail]
Download: Mississippi-2026-HB976-Introduced.html
MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Judiciary B
By: Representative Calvert
House Bill 976
AN ACT TO AMEND SECTIONS 41-30-19, 41-30-27 AND 41-32-5, MISSISSIPPI CODE OF 1972, TO REQUIRE A THIRTY-DAY MINIMUM FOR DRUG AND ALCOHOL TREATMENT; TO AMEND SECTION 41-31-5, MISSISSIPPI CODE OF 1972, WHICH REGULATES INVOLUNTARY COMMITMENT OF ALCOHOLICS, TO CONFORM TO THE PRECEDING SECTIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-30-19, Mississippi Code of 1972, is amended as follows:
41-30-19. The judge of any court, before whom appears an individual charged with a second or subsequent offense of public intoxication, may, upon a plea of guilty or conviction suspend execution of sentence and require the offender to participate in and complete a prescribed course of alcohol abuse treatment and rehabilitation. The judge shall consult with the division to determine the course of treatment best suited to the needs of the convicted person. The convicted person while participating in the course of treatment shall not be considered committed, civilly or criminally, as otherwise provided by law for commitment to any institution; provided that no judge may require in-patient care for a period of less than thirty (30) days and not in excess of ninety (90) days. Upon completion of the course of treatment prescribed by the judge, the sentence shall not be executed. The convicted person, if financially able, shall be responsible for defraying any cost of the prescribed course of treatment.
SECTION 2. Section 41-30-27, Mississippi Code of 1972, is amended as follows:
41-30-27. (1) A person may be admitted to an approved public or private treatment facility for emergency care and treatment upon a decree of the chancery court accepting an affidavit for admission to the facility accompanied by a pre-affidavit screening and the certificates of two (2) licensed physicians. Before filing an affidavit for commitment of an individual, the relative or interested person shall be connected with the community mental health center for a pre-affidavit screening as set forth in Section 41-31-5. The pre-affidavit screening is mandatory and must be completed before any affidavit for commitment is filed. The affidavit shall be to the chancery court of the county of such person's residence and may be made by a relative or interested person. The affidavit shall state facts to support the need for immediate commitment, including factual allegations showing that the person to be committed has threatened, attempted or actually inflicted physical harm upon himself or another. The physicians' certificates shall state that they examined the person within two (2) days of the certificate date and shall set out the facts to support the physicians' conclusion that the person is an alcoholic or drug addict who has lost the power of self-control with respect to the use of alcoholic beverages or habit-forming drugs and that unless immediately committed he or she is likely to inflict physical harm upon himself or herself or others. A hearing on the pre-affidavit screening and certificates shall be heard by the chancery court in term time or in vacation, and the hearing shall be held in the presence of the person sought to be admitted unless he or she fails or refuses to attend. Notice of the hearing shall be given to the person sought to be admitted, as soon as practicable after the examination by the certifying physicians, and the person sought to be admitted shall have an opportunity to be represented by counsel, and shall be entitled to have compulsory process for the attendance of witnesses.
(2) The chancery judge may refuse an affidavit if in his or her opinion the affidavit, pre-affidavit screening and certificates fail to sustain the grounds for commitment. Upon acceptance of the affidavit after hearing thereon and decree sustaining the affidavit by the judge, the person shall be transported to the facility by a peace officer, health officer, the affiant for commitment, the patient's spouse or the patient's guardian. The person shall be retained at the facility that admitted him or her, or be transferred to any other appropriate treatment resource, until discharged pursuant to subsection (3).
(3) The attending physician
shall discharge any person committed pursuant to this section when he or she
determines that the grounds for commitment no longer exist, but no person
committed pursuant to this section shall be retained in any facility for * * * less than thirty
(30) days, unless otherwise required by the court.
(4) If the affidavit for emergency involuntary commitment is accepted under subsection (2) of this section, the chancery judge shall order a hearing on the affidavit for commitment pursuant to Title 41, Chapter 31, Mississippi Code of 1972, to be held on the fifth day of such involuntary emergency commitment, the provisions of Section 41-31-5 regarding the time of hearing to the contrary notwithstanding; however, at the time of such involuntary commitment, the alleged alcoholic or drug addict shall be served with a citation to appear at the hearing and shall have an opportunity to be represented by counsel.
SECTION 3. Section 41-32-5, Mississippi Code of 1972, is amended as follows:
41-32-5. (1) The chancellor shall schedule with the affiant a time on a day certain for the hearing thereof, not less than five (5) days nor more than twenty (20) days from the filing of the affidavit. The case shall be triable upon three (3) days' service of process and service of notice of the time for the hearing. At the time fixed, the chancellor shall hear the evidence in the presence of the defendant if he will appear, and without the presence of the defendant if he will not appear, and all persons interested shall have the right to appear and present evidence touching upon the truth and correctness of the allegations of the affidavit.
(2) The clerk must ascertain whether the respondent is represented by an attorney, and if it is determined that the respondent does not have an attorney, the clerk immediately must notify the chancellor of that fact. If the chancellor determines that the respondent for any reason does not have the services of an attorney, the chancellor must appoint an attorney for the respondent before a hearing on the affidavit.
(3) If the defendant admits the truth and correctness of the allegations of the affidavit, or if the chancellor shall find from the evidence that the defendant is an alcoholic or drug addict, or both, and is in need of detention, care and treatment in a private treatment facility, and that the other material allegations of the affidavit are true, then the chancellor shall enter a judgment so finding, and shall order that such person be committed to and confined in a chemical dependency unit, alcohol and drug unit, outpatient house or any other private treatment facility, within or outside the state, for the treatment of chemically dependent persons, as the chancellor, in his discretion, deems to be in the best interest of the defendant. Any such order for the commitment of the defendant shall require that the defendant be committed for such period of time as the chancellor shall determine, in his discretion, except such commitment shall not be less than thirty (30) days, as is necessary to provide for the care and treatment of the defendant or for such other period of time as may be established by authorized personnel at the designated facility or facilities; however, in no event shall such period of confinement extend beyond a period of eight (8) months. The chancellor may require treatment at a combination of facilities or may designate commitment at an inpatient facility for not more than two (2) months and an outpatient facility for not more than six (6) months, subject to institutional earlier release.
SECTION 4. Section 41-31-5, Mississippi Code of 1972, is amended as follows:
41-31-5. (1) (a) Before filing an affidavit for inpatient commitment or outpatient treatment of an individual, the relative or interested person shall be connected with the community mental health center in the county of financial responsibility or the county where the proposed patient is present for conduct of preliminary investigation to determine the need to file an affidavit for inpatient commitment or outpatient treatment. If the community mental health center is unavailable, any licensed physician may conduct the pre-affidavit screening. The pre-affidavit screening shall be completed within twenty-four (24) hours of the community mental health center being notified. The community mental health center shall provide the pre-affidavit screening report to the chancery clerk for the county in which the affidavit is to be filed upon completion. The community mental health center shall appoint a screener to conduct an investigation. The prospective affiant may not be the pre-affidavit screener. The investigation must include:
(i) An interview with the proposed patient and other individuals who appear to have knowledge of the condition of the proposed patient, if practicable. In-person interviews with the proposed patient are preferred. If the proposed patient is not interviewed, specific reasons must be documented;
(ii) Identification and investigation of specific alleged conduct that is the basis for application; and
(iii) Identification, exploration and listing of the specific reasons for rejecting or recommending alternatives to inpatient commitment or outpatient treatment.
(b) In conducting the investigation required by this subsection, the screener shall have access to all relevant medical records of proposed patients currently in treatment facilities, state-operated treatment programs, or community-based treatment programs. Data collected pursuant to this paragraph (b) shall be considered private data on individuals. The pre-affidavit screening report is not admissible as evidence in court except by agreement of counsel or as permitted by the rules of court and is not admissible in any court proceedings unrelated to the commitment proceedings.
(c) When the pre-affidavit screener recommends commitment, a written report shall be sent to the chancery clerk for the county in which the petition is to be filed. The statement of facts contained in the written report must meet the requirements of Section 41-31-3(4), specifically certifying that a less restrictive alternative treatment was considered and specifying why treatment less restrictive than inpatient commitment or outpatient treatment is not appropriate.
(d) The pre-affidavit screener shall refuse to support the filing of an affidavit if the investigation does not disclose evidence sufficient to support inpatient commitment or outpatient treatment. Notice of the pre-affidavit screener's decision shall be provided to the prospective affiant and the court. If an inpatient or outpatient commitment is not recommended, the pre-affidavit screener shall provide the prospective petitioner with connection to other alternative services and resources available and offered, if appropriate.
(e) If the interested person wishes to proceed with a petition contrary to the recommendation of the pre-affidavit screener, application may be made directly to the chancellor, who shall determine whether or not to proceed with the petition. Notice of the chancellor's determination shall be provided to the interested party.
(f) Notwithstanding the requirements of this section, a pre-affidavit screening shall not be required if the individual to be committed is being treated in a licensed hospital with licensed acute psychiatric beds and has already had two (2) qualified professional evaluations, provided that the licensed hospital notifies the community mental health center that the individual is in the hospital at least twenty-four (24) hours before filing the affidavit.
(2) Whenever an affidavit is filed, the chancellor of the court shall, by order, fix a time upon a day certain for the hearing thereof, either in termtime or in vacation, which hearing shall be fixed not less than five (5) days nor more than twenty (20) days from the filing of the affidavit. The person alleged to be an alcoholic or drug addict shall be served with a citation to appear at the hearing not less than three (3) days prior to the day fixed for the hearing, and there shall be served with such citation a true and correct copy of the affidavit.
(3) The clerk must ascertain whether the respondent is represented by an attorney, and if it is determined that the respondent does not have an attorney, the clerk immediately must notify the chancellor of that fact. If the chancellor determines that the respondent for any reason does not have the services of an attorney, the chancellor shall appoint an attorney for the respondent before a hearing on the affidavit.
(4) At the time fixed, the chancellor shall hear evidence on the affidavit, with or without the presence of the alleged alcoholic or drug addict, and all persons interested shall have the right to appear and present evidence touching upon the truth and correctness of the allegations of the affidavit. The chancellor, in his or her discretion, may require that the alleged alcoholic or drug addict be examined by the county health officer or by such other competent physician or physicians as the chancellor may select, and may consider the results of such examination in reaching a decision in the matter.
(5) If the alleged alcoholic or drug addict admits the truth and correctness of the allegations of the affidavit, or if the chancellor finds from the evidence that such person is an alcoholic or drug addict, and is in need of detention, care and treatment in an institution, and that the other material allegations of the petition are true, then the chancellor shall enter an order so finding, and shall order that such person be remanded and committed to and confined in the proper state institution under this chapter or a private treatment facility under the provisions of Title 41, Chapter 32, Mississippi Code of 1972, or, in the case of an alcoholic to an approved public or private treatment facility pursuant to the provisions of Title 41, Chapter 30, Mississippi Code of 1972, for care and treatment for a period of not less than thirty (30) days nor more than ninety (90) days as the necessity of the case may, in his or her discretion, require. However, when such person is so committed, the medical director of the institution shall be vested with full discretion as to the treatment and discharge of such person, and may discharge and release such person at any time when the condition of such person so justifies.
(6) (a) If the chancellor determines under this section that the alleged alcoholic or drug addict is in need of care and treatment but also affirmatively finds that the alleged alcoholic or drug addict would benefit from the less restrictive option of an outpatient treatment program, the chancellor, in his or her discretion and upon agreement of both the affiant and the person in need of treatment, may order the alleged alcoholic or drug addict into an outpatient treatment program. The chancellor shall provide written reasons in the record for choosing the less restrictive option.
(b) If the order directs outpatient treatment, the outpatient treatment provider may prescribe or administer to the respondent treatment consistent with accepted alcohol and drug abuse treatment standards. If the respondent fails or clearly refuses to comply with outpatient treatment, the director of the treatment program, his or her designee or an interested person must make all reasonable efforts to solicit the respondent's compliance. These efforts must be documented and, if the respondent fails or clearly refuses to comply with outpatient treatment after the efforts are made, the efforts must be documented with the court by affidavit. Upon the filing of the affidavit, the sheriff of the proper county may take the respondent into custody. The chancellor thereafter may order the respondent to inpatient treatment as soon as a treatment facility is available.
(c) The respondent may request a hearing within ten (10) days of commitment to inpatient treatment by filing a written request with the chancery clerk of the committing court, or the respondent may request such a hearing in writing to any member of the professional staff of the treatment facility, which must be forwarded to the director and promptly filed with the chancery clerk of the committing court. The respondent must be advised of the right to request such a hearing and of the right to consult a lawyer.
SECTION 5. This act shall take effect and be in force from and after July 1, 2026.
