Mississippi Today
Hundreds of Mississippians are jailed for mental illness every year. 5 takeaways from our reporting so far
In Mississippi, the path to treatment for a serious mental illness may run through your local jail– even if you have not been charged with any crime.
In 2023, Mississippi Today and ProPublica investigated the practice of jailing people solely on the basis of possible mental illness while they wait for help through the civil commitment process.
We found that people awaiting treatment were jailed without criminal charges at least 2,000 times from 2019 to 2022 in just 19 counties, meaning the statewide figure is almost certainly higher. Most of the jail stays lasted longer than three days, and about 130 were longer than 30 days.
Some people have died after being jailed purportedly for their own safety.
Every state has a civil commitment process in which a court can order someone to be hospitalized for psychiatric treatment, generally if they are deemed dangerous to themselves or others. But it is very uncommon for people going through that process to be held in jail without criminal charges for days or weeks – except in Mississippi.
So far, we have spoken with people who were jailed solely on the basis of mental illness, family members of people who went through the process, sheriffs and jail administrators, county officials, lawmakers, the head of the Department of Mental Health and experts in mental health and disability law. We have filed more than 100 records requests and reviewed lawsuits and Mississippi Bureau of Investigation reports on jail deaths.
We plan to keep reporting. If you’d like to share your experiences or perspective, please email Isabelle Taft at itaft@mississippitoday.org or call her at (601) 691-4756.
Here are five key findings from our reporting so far:
1. People jailed solely on the basis of mental illness are generally treated the same as people accused of crimes
We spoke to more than a dozen Mississippians who were jailed without criminal charges. They wore jail scrubs and were often shackled as they moved through the jail. They were frequently unable to access prescribed psychiatric medications, much less therapy or other treatment. They had no idea how long they would be jailed, because they could get out only when a treatment bed became available. They were often housed alongside people facing criminal charges. One jail doctor told us the people going through the commitment process were vulnerable to physical assault and theft of their snacks and personal items.
“They become a prisoner just like the average person coming in that’s charged with a crime,” said Ed Hargett, a former superintendent of Parchman state penitentiary and corrections consultant who has worked with about 20 Mississippi county jails. “Some of the staff that works in the jail, they don’t really know why they’re there … Then when they start acting out, naturally they deal with them just like they would with a violent offender.”
2. Jails can be deadly for people in crisis
At least 14 people have died after being jailed during the commitment process since 2006, according to our review of lawsuits and records from the Mississippi Bureau of Investigation. Nine died by suicide, and three died following medical care that experts called substandard. Most recently, 37-year-old Lacey Handjis, a Natchez hospice-care consultant and mother of two, died in a padded cell in the Adams County Jail in late August. Her death was not by suicide and is still under investigation.
Mental health providers we spoke with said jail can exacerbate symptoms when someone is in crisis, increasing their risk of suicide. Jail staff with limited medical training may interpret signs of medical distress as manifestations of mental illness and fail to call for additional care.
After three men awaiting treatment died by suicide in the Quitman County jail in 2006, 2007 and 2019, chancery clerk Butch Scipper no longer jails people going through the commitment process. His advice to other county officials: “Do not put them in your jail. Jails are not safe places. We think they are, but they’re definitely not” for people who are mentally ill.
3. Mississippi is a stark national outlier
Mississippi Today and ProPublica surveyed disability rights advocates and state behavioral health agencies in all 50 states and the District of Columbia. Nowhere else did respondents say people are routinely jailed for days or weeks without criminal charges while going through the involuntary commitment process. In three states where respondents said people are sometimes jailed to await psychiatric evaluations, it happens to fewer people and for shorter periods. At least a dozen states ban the practice altogether, while Mississippi law allows it when there is “no reasonable alternative.” In Alabama, a judge ruled it unconstitutional in 1984.
National experts and disability rights advocates in other states used words like “horrifying,” “breaks my heart” and “speechless” when they learned how many Mississippians are jailed without criminal charges while they wait for mental health care every year.
4. Despite a 2009 state law, there has been almost no oversight of jails that hold people awaiting treatment
In 2009, the legislature passed a law requiring any county facility that holds people awaiting psychiatric treatment through the commitment process to be certified by the Department of Mental Health. The department developed certification standards requiring suicide prevention training, access to medications and treatment, safe housing and more. But the law contains no funding to help counties comply and no penalties if they don’t. Only a handful of counties got certified, and after 2013 the department’s efforts to enforce the law apparently petered out.
As of late last year, only one jail – out of 71 that had recently held people awaiting court-ordered treatment – was still certified. There is no statewide oversight or inspection of county jails.
After we asked questions about the law, the Department of Mental Health sought an opinion from the Attorney General’s Office, which opined that it is a “mandatory requirement” that the agency certify the county facilities, including jails, where people wait for treatment. In October, the department sent letters to counties informing them of the ruling and encouraging them to get certified. It is waiting for counties to initiate the certification process, even though it knows exactly which jails have held people after their hearings. Department leadership, including Director Wendy Bailey, have emphasized that they have limited authority over counties and can’t force them to do anything.
5. The practice is not limited to small, entirely rural counties
According to data from the DMH, 71 of the state’s 82 counties held a total of 812 people prior to their admission to a state hospital during the year ending in June. According to state data and our analysis of jail dockets obtained through public records requests, the two counties that jail the most people during the commitment process are DeSoto and Lauderdale – together home to three of the state’s 10 largest cities. DeSoto has one of the highest per capita incomes in the state and Lauderdale’s is above average.
Meanwhile, some smaller, rural counties don’t jail people during the process or do so very rarely. Guy Nowell, who served as chancery clerk of Neshoba County until the end of 2023, said the county arranged each person’s commitment evaluations and hearing to take place on the same day to eliminate waits between appointments. If no publicly funded bed is available after the hearing, the county pays for people to receive treatment at a private psychiatric hospital.
A brief summary of the civil commitment process:
The civil commitment process (also called involuntary commitment) begins when someone – usually a family member, but under state law it can be anyone – files paperwork with the county chancery clerk’s office alleging that another person is so sick that they are a danger to themselves or others. Schizophrenia and bipolar disorder are common diagnoses, but not everyone who gets committed has a serious mental illness.
Then the person can be taken into custody by county sheriff’s deputies. They may wait at a medical facility for evaluations, a hearing and treatment– or if no publicly funded bed is available, they can sit in a jail cell with no criminal charges, receiving minimal care in the midst of a mental health crisis, until a treatment bed opens up.
The Department of Mental Health says the process from initial evaluation to court hearing should take seven to 10 days, but it can take longer. If the judge orders someone hospitalized, they typically join the waiting list for a state hospital or crisis bed.
Last fiscal year, the average wait time in jail for a state hospital bed after a hearing fell to just under five days from more than eight days the year before as the Department of Mental Health reopened state hospital beds. It’s not clear how much time Mississippians spend jailed without criminal charges before their commitment hearings. Legislation passed last year requires counties to report to the DMH about where people are held both before and after their hearings, so more information should be available soon.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
On this day in 1867
Nov. 23, 1867
The Louisiana Constitutional Convention, composed of 49 White delegates and 49 Black delegates, met in New Orleans. The new constitution became the first in the state’s history to include a bill of rights.
The document gave property rights to married women, funded public education without segregated schools, provided full citizenship for Black Americans, and eliminated the Black Codes of 1865 and property qualifications for officeholders.
The voters ratified the constitution months later. Despite the document, prejudice and corruption continued to reign in Louisiana, and when Reconstruction ended, the constitution was replaced with one that helped restore the rule of white supremacy.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
Crystal Springs commercial painter says police damaged his eyesight
CRYSTAL SPRINGS – Roger Horton has worked decades as a commercial painter, a skill he’s kept up with even with the challenge of having what his wife has called “one good eye.”
It hasn’t stopped him from being able to complete detailed paint jobs and create straight lines without the help of tape. But last year following a head injury, he and others said people have been pointing out a change in his work. Horton says the sight in his right eye is clouded, like he is looking underwater.
Affected vision, short term memory and periods of irritability – potential symptoms of concussion – followed after he was arrested last September. During an encounter with several police officers, Horton alleges more than one slammed his head into a cruiser and placed handcuffs on so tight that he started to bleed.
“(The officer) was kind of rough with me and all, and he takes my head and I said, ‘What’d I do?’” he recalled recently.
Horton ended up being convicted of two misdemeanor charges and has paid off the fines, but a year later he still has questions about the arrest and treatment by the police.
To date, he has not seen a doctor to evaluate his eye and check for vision or cognitive issues. Horton and his wife Rhonda don’t have a car, and transportation to doctor’s appointments in the Jackson area remains a challenge.
The Hortons have lived in Crystal Springs all their lives, and they have lived in the home the past five years that belonged to Rhonda’s mother.
More than a quarter of all people in Crystal Springs live below the poverty line, and that includes the couple. Rhonda Horton said it’s hard to make a living because there aren’t a lot of jobs, but they support themselves as painters.
That’s how they met Yvonne Florczak-Seeman, who lived in Illinois and purchased her first historical property in Crystal Springs in 2019. She splits her time between the two states.
“We painted that porch bar and the rest is history,” Rhonda Horton said, adding that they went on to complete detailed work on mantles, kitchen cabinets and a cigar room at Florczak-Seeman’s North Jackson Street residence.
Over the years, the couple built a relationship with Florczak-Seeman, who is seeking to open a women’s empowerment center called the Butterfly Garden, in the building next to city hall.
Florczak-Seeman has supported the couple numerous times, including helping them pay a late water bill and offering them work. She called them talented painters and hired them again to paint the interior of the future center, located at East Railroad Avenue.
In pieces, Rhonda Horton told Florczak-Seeman about her husband’s arrest and later the injuries she said he sustained from it. Florczak-Seeman had questions about the encounter and other potential injustices at play, so she offered to help.
“I just want them to pay for what they’ve done not just to him, but everybody,” Rhonda Horton said. “That’s what I want, justice.”
The Arrest
On Sept. 24, 2023, Horton was walking home from a friend’s house when officers approached him. One grabbed his arms to handcuff him, and he remembers them cutting his wrist and causing it to bleed.
Then, he said, a second officer slammed his head into the top of the police car, followed by another officer who slammed his head again. During the encounter, a bag of marijuana that Horton said he found fell out of his pocket onto the ground.
An officer put Horton in the back of the cruiser and took him to the station where Horton asked to speak to the police chief and call his wife. He said the police took his phone and clothes.
Afterward, he was taken to the Copiah County Detention Center in Gallman.
Police Chief Tony Hemphill disputed Horton’s allegation of mistreatment, saying he did not sustain any injuries that required hospitalization. He said Horton’s wrist was cut while he resisted arrest.
“He was not brutalized and targeted,” Hemphill said. “If he had just complied, he wouldn’t have had to come up there (to jail) that night.”
Two police reports from the night of the September 2023 arrest detail how officers had responded to a possible assault and were given the description of a white man. While in the area, they encountered Horton — the only person who fit that description.
Hemphill said a mother called police after her daughter told her she was assaulted. He said officers approached Horton on the street and tried to talk with him to rule him out as a suspect.
That’s when Horton began “fighting, pulling away, and kicking against (the officer’s) patrol vehicle, trying to run,” according to a police report from the night and Hemphill. Horton denies doing any of that.
The next day police took Horton from the county jail to the Crystal Springs police station. There, police informed him a teenage girl reported being assaulted. After learning about the assault allegation, Horton remembered feeling shocked and saying it couldn’t be true because he was not on the street where the alleged incident took place.
Hemphill confirmed the police investigated the assault allegation and found it not credible, meaning Horton wouldn’t face any related charges. He said he communicated this to Horton and his wife early on and since then, which the couple disputes.
As Horton was being arrested and detained, his wife grew worried because she had just spoken with him on the phone and expected him to arrive home shortly. Rhonda Horton and her adult son started calling Roger’s phone, each not getting an answer.
Then during one of the calls by her son, someone who did not identify himself answered Roger’s phone and said, ‘Your daddy’s dead’ and then hung up, Rhonda Horton said.
She was starting to assume the worst had happened. Rhonda Horton wouldn’t have confirmation her husband was alive until he called from the county jail in the early morning.
The next morning as she talked with the police chief, Rhonda Horton asked the chief about who answered the phone and told her son that Roger was dead. The chief told her the person who answered must have been from the county.
Hemphill later told Mississippi Today that he did not know about the call and that type of behavior by his staff “is not going to be tolerated.” Similarly, Copiah County Sheriff Byron Swilley said he had not heard about it and could not say whether a member of his department made the comment to Rhonda and Roger Horton’s son.
A Sept. 25, 2023, citation signed by Hemphill, shared with Mississippi Today, summoned Roger Horton to municipal court for the misdemeanor charges of possession of marijuana and resisting arrest and directed him not to have contact with the alleged victim in the assault case. No contact orders are typically for cases such as domestic violence and sexual assault and they are set by a judge.
LaKiedra Kangar, who works in municipal court services, said the no contact order was put in place because of the assault allegation. She confirmed Horton was not charged with the offense following the police department’s investigation of the allegation.
Weeks passed. Roger Horton went to court for the misdemeanor charges, to which he pleaded guilty. Felony assault charges were not part of the hearing. Municipal Court Judge Matthew Kitchens ordered Roger to pay over $900 in fines for the misdemeanors.
Horton was able to pay for some of the fine through at least 10 hours worth of court-ordered community service, which he said involved painting buildings for the city.
Months later after learning about Horton’s arrest and how he said the police treated him, Florczak-Seeman said she wanted to know more. Horton didn’t have access to his arrest documents, so she accompanied him and his wife to the police department to ask for them.
The first visit, Horton asked but did not receive the arrest report. Florczak-Seeman asked if he had a fine for any of the charges, which police said Horton did even after completing some community service hours. Florczak-Seeman paid for the remaining balance and had him work for her for two days to pay that off.
This year, they went to the police department a second time so Horton could ask for his arrest paperwork. An officer told him he didn’t need it and that the rape allegation had been investigated and found not to be credible, Horton told Mississippi Today.
Florczak-Seeman asked why Horton couldn’t receive the report. She said Hemphill asked if she was Horton’s attorney, and Florczak-Seeman clarified she was his representative.
The chief left for a few minutes and returned with two pieces of paper and handed them to Horton. Hemphill told Mississippi Today he did not recall whether he was the one who handed the report to Horton.
Florczak-Seeman took the document from Horton and began to read it as they stood in the lobby. She said she was horrified to see the name of the alleged, underage victim and her address in the report.
Hemphill said the victim’s personal information should have been restricted and not doing so was an oversight.
After reading the report, Florczak-Seeman went down the street to the mayor’s office at city hall to explain what happened, and how she believed the mayor had grounds to fire the police chief because he provided that document to Roger with the alleged victim’s information.
Mayor Sally Garland confirmed she had a conversation with Florczak-Seeman about the police chief’s employment.
She said she reviews all complaints about city officials, and Garland said she goes to the department head to get a better understanding of the situation. If she determines there are potential grounds for termination, a hearing would be scheduled with the Board of Aldermen, and the group would vote on that decision.
Garland did not find grounds for termination, and Hemphill remains police chief.
A Strange Visit
The Hortons and Florczak-Seeman hadn’t given much thought about the 2023 arrest, until weeks ago when a teenaged girl suddenly showed up in Florczak-Seeman’s yard.
At the end of September at the North Jackson Street home, Florczak-Seeman heard screaming and found the teenage girl who came onto her property. She asked what was wrong, and the teenager said she was chased by a dog, which Florczak-Seeman and Rhonda Horton did not see.
The teenager asked for a soda, and Rhonda Horton went inside to get one. Florczak-Seeman asked where the teenager lived, and she gave an answer that Florczak-Seeman said conflicted with what two girls who were standing nearby on the public sidewalk said she told them.
Then Florczak-Seeman asked the teenager’s name and recognized it as the name of the alleged victim on Horton’s arrest record. Immediately, Florczak-Seeman said she turned to Horton and told him to stay back, and she told the teenager to get off her property, which she did.
At the moment, they were not able to verify whether the teenager was the alleged victim from the report. Neither the Hortons nor Florczak-Seeman had seen her before, and they only knew her name from the arrest report.
“That didn’t make sense at all,” Rhonda Horton told Mississippi Today.
Florczak-Seeman called 911 to report the situation and ask for police to come, which they did not. Hemphill told Mississippi Today a dispatcher informed him about the call with Florczak-Seeman, including details with the teenage girl and how she wanted to report the girl for trespassing.
Florczak-Seeman is one of the people who have noticed a difference in Horton’s vision. It’s clear when comparing the detailed and clean paint job Roger completed at her Jackson Street property in 2019 and the center where he painted last year.
During an interview at the center in October, Florczak-Seeman pointed to the ceiling and noted spots that Horton did not paint. She remembers telling him about them and realized that he couldn’t see them.
“The spots on my ceiling are still not painted, and they’re not painted as a reminder of the injustices that happened in this situation and why I got involved,” Florczak-Seeman said.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
Job opening: Jackson Reporter
Mississippi Today, a Pulitzer Prize-winning newsroom focused on investigative and accountability journalism, is building a dedicated team of reporters to provide in-depth coverage of Jackson, Mississippi.
As the state’s largest and capital city, Jackson matters greatly to us and all Mississippians. Launched in 2016 as the state’s flagship nonprofit newsroom focused on Mississippi government and policy, Mississippi Today is focusing our lens beyond the statehouse and to the city of Jackson, serving our readers with the watchdog reporting they’ve come to expect from Mississippi Today. Our newsroom, with a proven record of providing impactful government accountability, aims to serve the city more directly with this team.
Our Jackson team will focus on sharp investigative reporting, watchdog accountability journalism and meaningful cultural storytelling. We aim to both elevate the voices of those working for positive change in the community while offering a balanced perspective on the city’s obstacles and triumphs. Our goal is to deliver impactful, honest journalism that will inform, inspire and empower Jackson’s citizens.
The team will be led by Pulitzer Prize winner Anna Wolfe, an investigative reporter with a decade of experience covering Jackson.
Roles and Responsibilities:
- We are purposefully casting a wide net, hoping to connect with journalists of many different backgrounds who may be uniquely qualified to help us launch this team. If you’re a reporter with any of the following experience or attributes, this team may be for you.
- Investigative reporting focused on uncovering systemic issues within government and politics. The bigger the impact of your reporting on government leaders or systems, the better.
- Political reporting covering not only high-profile candidates for offices, but experience delving into issues and ideas that affect a community. We hope to delve deeply into a deep distrust in the city’s institutions.
- Cultural reporting that highlights the often-overlooked success stories of citizens who are making a positive impact on their communities.
- Strong understanding of Jackson (or similar large urban centers) and the unique challenges facing the city and its residents.
- Commitment to the mission of balanced, impactful journalism that centers and respects the voice of the community.
- Collaborative mindset and ability to work within a team-oriented newsroom.
The starting salary for this position is $58,000. Compensation is commensurate with experience level.
Expectations:
- Work with a small team of journalists who are focused on social inequities and racial equality in our area.
- Willingness to collaborate closely with a small team of like-minded journalists.
- Get people to talk, find willing sources and protect them while telling sensitive and timely stories.
- Build trust: Many people who have been impacted by inequities in Mississippi have been victims of predatory practices and forces. This will require empathy, patience and savvy.
- Work with our Audience Team and data and visual journalists to create compelling story presentations.
Qualified candidates should have:
- Experience working as a reporter in a newsroom.
- Ability to work quickly, with accuracy and good news judgment.
- Comfortability in digital or multimedia journalism spaces.
- Ability to independently develop and cultivate sources.
- Ability to use social media for research and to engage readers.
What you’ll get:
- The opportunity to work alongside award-winning journalists and make significant contributions to Mississippi’s top nonprofit, nonpartisan digital news and information sources.
- Highly competitive salary with medical insurance, and options for vision and dental insurance.
- Use of appropriate technology and equipment.
- 29 days paid time off.
- Up to 12 weeks of parental family leave, with return-to-work flexibility.
- Simple IRA with 3 percent company matching. Group-term life insurance provided to employees ($15,000 policy).
- Support for professional training and attending industry conferences.
How to Apply:
We’re committed to building an inclusive newsroom that represents the people and communities we serve. We especially encourage members of traditionally underrepresented communities to apply for this position, including women, people of color, LGBTQ people and people who are differently abled. Please apply here.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
-
Local News4 days ago
Sherral’s Diner to be featured on America’s Best Restaurants
-
Kaiser Health News5 days ago
A Closely Watched Trial Over Idaho’s Near-Total Abortion Ban Continues Tuesday
-
News from the South - Georgia News Feed4 days ago
Jose Ibarra found guilty in murder of Laken Riley | FOX 5 News
-
News from the South - Alabama News Feed4 days ago
Trial underway for Sheila Agee, the mother accused in deadly Home Depot shooting
-
News from the South - Kentucky News Feed3 days ago
Nicholasville organization activates weather plan in response to bitter cold temperatures
-
News from the South - Alabama News Feed3 days ago
Judge grants mistrial in Sheila Agee trial due to ‘unhinged juror’
-
News from the South - Alabama News Feed4 days ago
Alabama's weather forecast is getting colder, and a widespread frost and freeze is likely by the …
-
Local News1 day ago
Introducing our Student Athlete of the Week: Ocean Springs’ very own Mackenzie Smith