Senate Bill 2481

(COMMITTEE SUBSTITUTE)

AN ACT TO CREATE THE MENTAL HEALTH TASK FORCE TO STUDY CERTAIN ISSUES RELATING TO THE STATE'S MENTAL HEALTH SYSTEM; TO PROVIDE FOR THE MEMBERSHIP OF THE TASK FORCE; TO PRESCRIBE THE DUTIES OF THE TASK FORCE MEMBERS; TO CODIFY SECTION 41-21-68, MISSISSIPPI CODE OF 1972, TO PRESCRIBE STANDARDS FOR COMMUNITY MENTAL HEALTH CENTER REGIONAL HOLDING FACILITIES FOR PERSONS BEING HELD FOR THE PURPOSE OF CIVIL COMMITMENT; TO AUTHORIZE CONTRIBUTIONS FROM THE COUNTIES FOR THE OPERATION OF SUCH HOLDING FACILITIES AND AUTHORIZE A STATE MATCH TO THE LOCAL CONTRIBUTIONS TO BE INCLUDED IN THE ANNUAL APPROPRIATION TO THE MISSISSIPPI DEPARTMENT OF MENTAL HEALTH; TO PRESCRIBE OPERATIONAL STANDARDS FOR THE HOLDING FACILITIES TO RECEIVE PUBLIC FUNDING; TO PROVIDE THAT PERSONS TAKEN TO A HOLDING FACILITY, WITNESSES AND TREATMENT PROFESSIONALS MAY PARTICIPATE IN COMMITMENT PROCEEDINGS BY VIDEOCONFERENCING AND NOT BE REQUIRED TO APPEAR AT THE COURT'S LOCATION; TO CLARIFY VENUE FOR PURPOSES OF CIVIL COMMITMENT OF PERSONS IN HOLDING FACILITIES; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) There is hereby created the Mental Health Task Force to undertake a comprehensive review of the state's mental health system. The task force shall be comprised of thirty-one (31) members, as follows:

(a) The Chairpersons of the Public Health Committees of the Senate and the House of Representatives or their designees;

(b) The Chairpersons of the Judiciary "B" Committees of the Senate and the House of Representatives or their designees;

(d) The Speaker of the House of Representatives or a designee;

(e) The Executive Director of the Mississippi Department of Mental Health;

(f) The Commissioner of Corrections or a designee;

(g) The Attorney General or a designee;

(h) A state Supreme Court justice or Court of Appeals judge, appointed by the Chief Justice of the Supreme Court of Mississippi;

(i) A member appointed by the Mississippi State Medical Association;

(j) A member appointed by the Mississippi Psychiatric Association;

(k) A member appointed by the Mississippi Hospital Association;

(l) A member appointed by the Mississippi Association of Community Mental Health Centers;

(m) A member appointed by Mississippi Counseling Association;

(n) A member appointed by the National Association of Social Workers, Mississippi Chapter;

(o) A member of the Mississippi Association of Chiefs of Police appointed by its executive board president;

(p) A member appointed by the National Council on Alcoholism and Drug Dependence organization;

(q) A member appointed by the Vice Chancellor of the University of Mississippi Medical Center;

(r) A member appointed by the Mississippi Sheriffs Association;

(s) A member appointed by the Mississippi Chancery Clerk's Association;

(t) A member appointed by the National Alliance on Mental Illness, Mississippi Chapter;

(u) A member who is a physician appointed by the State Board of Mental Health;

(v) A member who is a physician appointed by the State Board of Health;

(w) A member who is a physician appointed by the Executive Director of the Division of Medicaid;

(x) The President of the Mississippi State Medical Association, to serve as the task force chairperson;

(y) A member appointed by the Mississippi Primary Health Care Association, Inc.;

(z) A family physician appointed by the Mississippi Academy of Family Physicians;

(aa) A representative of the community mental health centers in Mississippi appointed by the Lieutenant Governor;

(bb) A representative of the community mental health centers in Mississippi appointed by the Speaker of the House; and

(cc) Dean of the School of Public Health at Jackson State University.

(2) The appointed members of the task force must be appointed within thirty (30) days of the effective date of this act. The members shall be a part of the task force for the life of the task force. Any vacancy in the task force shall not affect its powers, but shall be filled in the same manner prescribed above. The task force shall hold its first meeting within sixty (60) days of the effective date of this act, on the call of the Commissioner of Corrections. A majority of the membership of the task force shall constitute a quorum, and shall meet at the call of the chairperson, or upon an affirmative vote of a majority of the task force. All members must be notified in writing of all meetings at least five (5) days before the date on which a meeting of the task force is scheduled.

(3) The task force shall study and make recommendations for improving the mental health system in Mississippi. In making those recommendations, the task force shall:

(a) Undertake a comprehensive review of all areas of the state's mental health system;

(b) Review the structure and authority granted to the Mississippi Board of Mental Health;

(c) Make findings regarding such review and recommendations for changes in oversight, policies, practices and laws designed to enhance mental health services in the state and ensure the interests of mental health patients at every step on the mental health system;

(d) Identify critical problems in the Mississippi Department of Mental Health;

(e) Consult with state, local and tribal government and nongovernmental leaders, including law enforcement officials, legislators, judges, physicians, civil rights and liberties organizations, and mental health patients who have been treated in the states mental health system; and

(f) The Mississippi Department of Mental Health shall provide appropriate staff support to assist the task force in carrying out its duties. The Executive Director of the Department of Mental Health shall designate an appropriate employee to act as a point of contact for the provision of staff support to the task force. In addition, the task force may consult with employees of any state agency or department necessary to accomplish the task force's responsibilities under this section.

(4) The members of the commission shall serve without compensation, except the legislative members shall be reimbursed at the same rate as for attending committee meetings when the Legislature is not in session.

(5) The task force shall prepare and submit a final report that contains a detailed statement of findings, conclusions and recommendations of the task force to the Legislature, the Governor and to local and tribal governments by December 31, 2016. It is the intention of the Legislature that, given the importance of the matters before the task force, the task force should work toward unanimously supported findings and recommendations and the task force shall state the vote total for each recommendation contained in its report to the Legislature. The report submitted under this subsection shall be made available to the public.

The recommendations for improving the mental health system in Mississippi may include proposals for specific statutory changes for improving the effectiveness mental health care and methods to foster cooperation among state agencies and health care providers. The task force shall be abolished upon submission of the report to the Governor and the Legislature.

SECTION 2. The following provision shall be codified as Section 41-21-68, Mississippi Code of 1972:

41-21-68. (1) Regional commissions established pursuant to Section 41-19-31 are authorized to establish regional holding facilities for the treatment and holding of any person eighteen (18) years of age or older being held for the purpose of civil commitment.

(2) For the purpose of establishing regional holding facilities, each regional commission is authorized to create a holding facility fund and enter into holding facility cooperative agreements with counties both inside and outside the regional commission's designated region. Each county electing to participate in use of a regional holding facility shall contribute to the regional commission's holding facility fund One Dollar ($1.00) for each person in the county's population as determined by the most recent decennial census. Upon receipt of the county's contribution, the State of Mississippi shall match the county's contribution by paying Two Dollars ($2.00) into a regional commission's holding facility fund for every One Dollar ($1.00) received from the counties. The State of Mississippi's contribution shall be included in the annual appropriation to the Mississippi Department of Mental Health as a line item designated specifically for the purpose of matching county contributions to the holding facility funds established under this section. Upon a determination by the Department of Mental Health that participating counties have made the counties' required contributions, the department shall make the state's contribution from the department's designated holding facility state match appropriation until such time as the designated holding facility state match appropriation is exhausted.

(3) Crisis stabilization units operating and receiving state funds from the Department of Mental Health as of January 1, 2015, shall not be eligible for the holding facility state matching contributions described herein. The matching funds described herein shall only be allocated to holding facilities established pursuant to the authority granted under this section. Regional commissions requesting decertification of any such crisis stabilization unit to reestablish the unit as a regional holding facility under this section so as to be eligible for state matching contributions may do so only with the approval of the Department of Mental Health.

(4) Counties not contributing to a regional commission holding facility fund shall not be entitled to use of a holding facility. No patient shall be ordered by any court to a holding facility established under this section if the county in which the commitment action is pending has not entered into a cooperative agreement with a regional commission and has not made its required contribution to a regional commission holding facility fund.

(5) Holding facilities established under this section shall at a minimum comply with the operational standards for holding facilities established by the Mississippi Department of Mental Health. Holding facilities may also seek designation and certification as a Crisis Stabilization Unit, Single Point of Entry, and other type of treatment facility so that they may receive reimbursement from the Division of Medicaid for eligible patients.

(6) Holding facilities and committing courts shall not remove persons from the facility unless such removal is for clinical purposes. Persons taken to a holding facility established under this section and any treatment professionals called as witnesses shall not be required to appear at the court's location for commitment proceedings, except when extraordinary circumstances are found and determined as reflected by a written order of the Chancellor. For the purpose of civil commitment hearings, persons being committed and treatment professionals may participate through videoconferencing. Holding facilities established under this section shall have the capacity and ability to provide videoconferencing between the person being held, the committing court, and treatment professionals. Any attorney for the person being held shall be present at the location of the person during videoconferenced hearings and shall have the ability to consult in private with the person.

(7) Holding facilities are authorized to provide any necessary treatment in person or through the use of videoconferencing between the person and the treatment professional.

(8) For purposes of public participation, jurisdiction and venue, the location of the commitment actions for persons being held at holding facilities under this section shall be deemed to be the county of the committing court, though the individual being committed and treatment professionals may be physically located in other jurisdictions when participating in any hearing through videoconference. The jurisdiction of the committing court and law enforcement officials transporting persons to holding facilities shall extend to other jurisdictions for the purpose of conducting hearings held by videoconferencing, and for the purpose of holding and transporting individuals to holding facilities established in this section.

(9) Persons being held or detained for the purpose of civil commitment shall not have a jail photograph or "mug shot" published, except as permitted under Section 41-21-97. Persons and businesses who publish such photographs shall immediately remove the photographs from publication, and destroy any and all copies of such photographs in their possession.

SECTION 3. This act shall take effect and be in force from and after July 1, 2015.