(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 more than five (5) days.
(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.