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House approves limits to jailing people with mental illness charged with no crime

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The House approved legislation strictly limiting when Mississippians can be jailed solely on the basis of mental illness, when they have not been charged with any crime– something that currently happens hundreds of times a year.

Similar language in the Senate is awaiting a floor vote.

Currently, state law allows people to be jailed during involuntary commitment proceedings if there is “no reasonable alternative.” Hundreds of times a year, Mississippians are jailed with no criminal charges, solely because they may need treatment for mental illness. No other state jails so many people charged with no crime for such lengths of time.

Since 2006, at least 17 people have died after being jailed during the commitment process, including a man who died after being jailed without charges in Alcorn County for 12 days in January. No state agency tracks this information, so Mississippi Today and ProPublica assembled a tally by reviewing lawsuits, Mississippi Bureau of Investigation reports, and news clips.

The House legislation, HB 1640, authored by Public Health Chairman Rep. Sam Creekmore, R-New Albany, would require a judge to determine that a person is “violent” and issue a specific order to hold them in jail. The detention would be capped at 24 hours, and the local community mental health center would be required to provide treatment while the person was jailed. A person would get a hearing within three to five days of their evaluations, compared to seven to 10 days in current law.

HB 1640 would also require a screening by a mental health professional before a person could be taken into custody, a provision intended to prevent situations where people are taken to jail to await evaluations that determine they don’t actually need treatment.

On the House floor on Tuesday, some lawmakers raised questions about who will pay for the treatment that will be required if counties can’t detain people in jail. The bill contains no additional funding.

“It’s cheaper to transport someone than to keep them in jail,” Creekmore said, arguing that deputies can drive people to available crisis unit beds around the state instead of holding them in jail.

The Department of Mental Health operates a bed registry that allows county officials to see where there are open beds around the state, but the facilities can also reject patients if they determine they are violent or have medical needs the crisis unit can’t care for. State data shows the number of those rejections has been falling.

As initially introduced, the legislation restricting jail detentions applied to all jails in the state. The committee substitute added language allowing people to be detained in jails that have been certified as a holding facility by the Department of Mental Health. To get the certification, jails and other facilities must meet health and safety standards, including suicide prevention protocols, and provide mental health treatment and medications.

Adam Moore, spokesman for the Department of Mental Health, said Tuesday afternoon that there are currently only two certified holding facilities in the state. One is the Chickasaw County Detention Center and the other is Magnolia Regional Health Center in Alcorn County.

Joy Hogge, executive director of the nonprofit organization Families As Allies, was at the Capitol Tuesday for Mental Health and Wellness Day with a handout urging lawmakers to make some changes to HB 1640 and the related Senate bill, SB 2744.

Hogge said she is concerned that requiring a screening before a person can be taken into custody for commitment proceedings could put a burden on families by forcing them to try to get a relative to agree to go to a provider’s office for an evaluation in the midst of a crisis.

“What we see is families that are just desperate to get help for their loved one, and find it very difficult to do that,” she said.

The screening requirement includes an exception: If a person being considered for commitment proceedings is “actively violent or refuses to participate in the pre-affidavit screening,” the community mental health center can recommend that the process go forward and sheriff’s deputies can take a person into custody.

Hogge said there are some patients, such as those with complex medical needs or physically aggressive behavior, who won’t be able to get the treatment they need at the crisis stabilization units; the state hospitals may be the only facilities that can treat them.

But the state hospitals admit patients only with a court-order through the commitment process, and only during designated hours. With more flexible admissions policies, the state hospitals could admit those patients faster and they could spend less time in jail.

“Why aren’t we looking more at that part?” Hogge said.

Moore, the DMH spokesman, said the agency is considering adding admission hours at the state hospitals in the next few months.

“Our state hospitals are working closely with the CSUs in situations where someone has a commitment order and may be physically aggressive and needs to be admitted quickly to the state hospital,” he said.

The Families As Allies handout also calls on lawmakers to “eliminate all references to holding people in jail,” instead of permitting it in certain circumstances.

Leaders of another nonprofit organization, Disability Rights Mississippi, have also said the legislation doesn’t go far enough in restricting jail detentions for people who have committed no crime. They are planning a lawsuit against the state and some counties arguing the practice is unconstitutional. 

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

Mississippi Today

Gloster residents protest Drax’s new permit request

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mississippitoday.org – Alex Rozier – 2024-11-15 13:33:00

GLOSTER — Drax, the United Kingdom-based wood pellet producer that’s violated air pollution limits in Mississippi multiple times, is asking the state to raise the amount of emissions it’s allowed to release from its facility in Gloster.

In September, the state fined Drax $225,000 for releasing 50% over the permitted limit of HAPs, or Hazardous Air Pollutants, from its facility Amite BioEnergy. In a pending permit application that it submitted to the Mississippi Department of Environmental Quality in 2022, the company is seeking to transition from a “minor source” of HAPs to a “major source.”

A “major source” permit would remove the limit over the facility’s total HAP emissions, but it would apply a new limit over the rate at which Drax could release the pollutants.

This year’s fine was its second penalty for violating Mississippi law around air pollution limits. In 2020, the state fined the company $2.5 million for releasing over three times the legal threshold of Volatile Organic Compounds, or VOCs, one of the largest such fines in state history. Drax underestimated its VOC releases since the facility opened in 2016, but didn’t realize it until 2018. The facility didn’t come into compliance until 2021.

The Environmental Protection Agency lists a variety of potential health impacts from exposure to HAPs, including damage to the immune system and respiratory issues. VOCs can also cause breathing problems, as well as eye, nose and throat irritation, according to the American Lung Association.

About sixty people packed into a Gloster public library for MDEQ’s public hearing over Drax’s permit application on Nov. 14, 2024.

For years since Drax’s violations became public, nearby residents have attributed health issues to living near the facility. During a public hearing on Drax’s permit request Thursday in Gloster, attendees reiterated those concerns.

“We all experience headaches every day,” resident Christie Harvey said about her and her grandchildren. Harvey said she has asthma too, and her doctor was “baffled” by her symptoms. “Each week I have to take (my grandchildren) to the clinic for upper respiratory issues … It’s not fair that we have to go through this. Drax needs to lower the pollution as much as possible.”

Part of the public outcry is the proximity of people’s homes to the plant, which is within a mile of Gloster’s downtown.

A screenshot of Google Maps showing the location of Drax’s Amite BioEnergy facility relative to the rest of Gloster. The facility is within a mile of the downtown area.

“The wood pellet plant in Lucedale is situated in an industrial park outside of town,” Andrew Whitehurst of Healthy Gulf, an environmental group dedicated to protecting the Gulf of Mexico’s natural resources, said at the meeting. “The wood pellet plant that (Enviva is) trying to put in Bond will be situated north and west of the downtown area. Not like this when it’s right smack in the middle (of the city). It’s totally inappropriate. People can’t take it, they don’t deserve it.”

In a statement to Mississippi Today, Drax said it prioritizes the public health and environment in Gloster, adding that the permit modification is a part of standard business practice.

“When we first began operations, some of our original permits were not fit for purpose,” spokesperson Michelli Martin said via e-mail. “We are now working to acquire the appropriate permits for our operating output and to improve our compliance. Within these permits the requirements may change based on engineering data and industry standards. This permit modification is part of our ongoing plan to provide MDEQ with the most accurate data. Drax fully supports the resolution of our permitting request and looks forward to working with MDEQ to finalize the details.”

While researchers, including from Brown University, are studying the health symptoms of residents near the wood pellet plant, there is no proven connection between the facility’s emissions and those symptoms.

Erica Walker, a Jackson native who teaches epidemiology at Brown and who’s leading the study, spoke to Mississippi Today earlier this year. Regardless of the cause and effect, she said, the decision to put the plant near disadvantaged communities with poor health outcomes is concerning.

“We want to make sure we aren’t additionally burdening already burdened communities,” Walker said.

Operations resume at Drax in Gloster, Miss., on Friday, Feb. 16, 2024. Some Gloster residents are concerned with the industrial pollution caused by the company that produces wood pellets in the town. Credit: Eric J. Shelton/Mississippi Today

About 1,300 people live in the city, according to Census data, and 39% live below the poverty line.

Moreover, Gloster residents often have to travel hours, to cities such as McComb and Baton Rouge, to find the nearest medical specialist. Amite County, where Gloster is, has a higher rate of uninsured residents than the rest of the state, according to County Health Rankings, and the ratio of residents to primary care physicians is over three times greater in the county than Mississippi as a whole.

As part of its application, Drax is seeking a Title V permit under the Clean Air Act, which the EPA requires for major sources of air pollutants. This gives the EPA the opportunity to review Drax’s application and public comments submitted with it. The public can submit comments on the application until Nov. 26, and can do so through MDEQ’s website.

The Mississippi Environmental Quality Permit Board, which is made up of officials from several state agencies, will then decide whether or not to grant the new permits. A full overview of the process and Drax’s application is available online.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi receives ‘F’ rating on preterm birth rate

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mississippitoday.org – Sophia Paffenroth – 2024-11-15 10:11:00

Mississippi received an F grade for its rate of preterm births in 2023 – those occurring before 37 weeks gestation – from the 2024 March of Dimes report card

Mississippi’s preterm birth rate was 15%, the worst in the country. Any state with a rate greater than 11.5% also received an F. The U.S. average was 10.4%. 

Preterm births in Mississippi have risen steadily over the last decade, increasingly nearly 2% since 2013. In Jackson, the state capital, nearly one in five babies are born preterm, according to the report. 

“As a clinician, I know the profound impact that comprehensive prenatal care has on pregnancy outcomes for both mom and baby,” Dr. Amanda P. Williams, interim chief medical officer at March of Dimes, said in a press release. “Yet, too many families, especially those from our most vulnerable communities, are not receiving the support they need to ensure healthy pregnancies and births. The health of mom and baby are intricately intertwined. If we can address chronic health conditions and help ensure all moms have access to quality prenatal care, we can help every family get the best possible start.” 

In addition to inadequate prenatal care, factors such as smoking, hypertension, diabetes and unhealthy weight can cause people to be more likely to have a preterm birth.

The report highlighted several other metrics, including infant mortality – in which Mississippi continues to lead the nation. 

In 2022, 316 babies in the state died before their first birthday. Among babies born to Black mothers, the infant mortality rate is 1.3 times higher. 

The state’s maternal mortality rate of 39.1 per 100,000 live births is nearly double the national average of 23.2.

Mississippi has yet to expand Medicaid – one of only 10 states not to do so – and tens of thousands of working Mississippians remain without health insurance. It also has not implemented paid family leave, doula reimbursement by Medicaid, or supportive midwifery policies – all of which March of Dimes says are critical to improving and sustaining infant and maternal health care.

The Legislature passed a law last session that would make timely prenatal care easier for expectant mothers, but more than four months after the law was supposed to go into effect, pregnant women still can’t access the temporary coverage.

“March of Dimes is committed to advocating for policies that make healthcare more accessible like Medicaid expansion, addressing the root causes of disparities, and increasing awareness of impactful solutions like our Low Dose, Big Benefits campaign, which supports families and communities to take proactive steps toward healthy pregnancies,” Cindy Rahman, March of Dimes interim president and CEO, said in a press release.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

On this day in 2017

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mississippitoday.org – Jerry Mitchell – 2024-11-15 07:00:00

Nov. 15, 2017

Credit: Simon & Schuster

Author Jesmyn Ward became the first Black American to win the National Book Award twice. 

Growing up in DeLisle, Mississippi, “I read everything,” she wrote. “Still, I still felt as if a part of me was wandering. That there was a figure in me, walking the desert, waiting for a word. A word that would sound out of the wilderness to declare that it was speaking to me, for me, within me. The sonic sear of that voice: a new knowing of not only the world I walked, but of me.” 

She became the first person in her family to go to college. She attended Stanford University, where she earned a bachelor’s in English and a master’s in media studies. 

When a drunken driver killed her younger brother, she decided to become a writer in his memory. 

After earning a master’s in fine arts in creative writing from the University of Michigan, she and her family were caught by the floodwaters of Hurricane Katrina, but managed to take shelter with a family. 

She won her first National Book Award for “Salvage the Bones,” which was set during the days of Katrina. 

“When I hear people talking about the fact that they think we live in a post-racial America,” she said, “it blows my mind, because I don’t know that place. I’ve never lived there.” 

She won her second National Book Award for “Sing, Unburied, Sing,” becoming the first woman and first Black American to win two National Book Awards. She also won a MacArthur “genius” grant, one of a handful of Mississippians to receive the award. In 2022, she became the youngest person to ever receive the Library of Congress Prize for American Fiction.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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