(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.
(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.
(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.(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.
(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.
(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.