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
Mississippi will have at least three special elections this year to fill legislative seats
Some Mississippians around the state will have the chance to participate in at least three special elections to fill vacancies in the state Legislature — and there could be more in the future.
Rep. Charles Young, Jr., a Democrat from Meridian, died on December 19, and Rep. Andy Stepp, a Republican from Bruce, died on December 5. Sen. Jenifer Branning, a Republican from Philadelphia, will be sworn into office on January 6 for a seat on the Mississippi Supreme Court.
Gov. Tate Reeves on Friday announced the special elections to fill Young and Stepp’s seats will take place on March 25, and the qualifying deadline for those two seats will end on February 3. Branning has technically not yet vacated her Senate seat, so Reeves has not set the election date for her seat yet.
Since the special elections will take place in the spring, this means that the areas will be without representation at the Capitol for much of the 2025 legislative session.
Municipal elections are also taking place this year, and there could be even more special elections to fill vacant legislative seats.
Rep. Fred Shanks, a Republican from Brandon, qualified on Thursday to run for mayor of Brandon. Sen. John Horhn, a Democrat from Jackson, has qualified to run for mayor of the capital city.
If either of the two lawmakers win their bids to lead the metro areas, the governor will also have to set special elections to replace them. Qualifying for municipal offices ends on January 31.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
Speaker White, Lt. Gov. Hosemann unveil tax cuts, other proposals as 2025 legislative session starts
Mississippi’s top legislative leaders on Monday unveiled details of their different plans to cut state taxes and potentially expand Medicaid coverage to the working poor, likely two of the main issues that will be debated at the Capitol over the next three months of the 2025 legislative session.
Republican Lt. Gov. Delbert Hosemann said he intends to push a proposal through the Senate to trim the state’s income and grocery taxes, while House Speaker Jason White wants to abolish the income tax altogether and slash the grocery tax in half.
Hosemann, the leader of the Senate, at a Monday Stennis Capitol Press Forum proposed immediately lowering the state’s 7% sales tax on grocery items to 5% and trimming the state’s 4% income tax down to 3% over the next four years.
Mississippi is already phasing in a major income tax cut. After rancorous debate in 2022, lawmakers agreed to a plan that will leave Mississippi with a flat 4% tax on income over $10,000, one of the lowest rates in the nation, by 2026.
Under Hosemann’s proposal, the income tax would be further reduced by .25% over the next four years and leave the state with a flat 3% income tax rate by 2030.
“I think continuing our elimination of the income tax, I think we can afford to do that over a period of time,” Hosemann said. “And we can still fund our transportation system and our education system.”
White, a Republican from West, said at a Monday press conference in his Capitol office that he wants to phase out the income tax completely over the next eight to 10 years and reduce the grocery tax from 7% to 3.5% over an unspecified number of years.
“I think it all needs to go, and I think you’ll see legislation from the House that does.” White said of the income tax. “Now, you’ll see legislation that makes it go in an orderly fashion over a period longer than four years.”
White said state economic growth, which averages 2% to 3% a year when measured over many years, would cover the tax cuts and elimination.
Mississippi has the highest tax on groceries in the nation, at 7%. The state collects the grocery tax along with all other sales taxes, but remits 18.5% back to cities. For many municipalities, the sales tax on groceries is a significant source of revenue.
Hosemann and White said separately on Monday that their plans to cut the grocery tax would include making municipalities whole. White said a potential way to do that is to allow towns and cities to enact additional sales taxes at the local level.
Another component of the first-term speaker’s tax plan is ensuring that the Mississippi Department of Transportation has a dedicated revenue stream available to fund new road infrastructure projects, which could include raising the state’s 18.4% gas tax, one of the lowest in the nation.
Any tax cut plan would go to Republican Gov. Tate Reeves’ desk for approval or rejection. Reeves has previously said his priority is eliminating the income tax, but he generally supports all types of tax cut packages as long as they do not raise any other tax.
Both want to tackle Medicaid Expansion again
White and Hosemann both said negotiations around Medicaid expansion could be delayed as legislative leaders wait to hear from a new Trump administration-led Centers for Medicare and Medicaid Services what changes might be coming down the pike, and whether the agency would approve a work requirement for Medicaid recipients.
“We’re going to pump the brakes and figure out where a Trump administration is on these issues,” White said. “Anybody that doesn’t want to do that, I think you’re not being honest with where the landscape is.”
Hosemann and Senate Medicaid Chair Kevin Blackwell, R-Southaven, have both told Mississippi Today they would not consider an expansion plan that didn’t include a work requirement.
Hosemann said Monday that he has already contacted CMS about the prospect of the federal agency approving a work requirement. But “like the army, the sergeant really runs the place,” Hosemann said, meaning the provision’s approval could rest in the hands of the agency’s future administrator.
President-elect Donald Trump has selected Dr. Mehmet Oz, a TV personality and celebrity physician, to be the administrator of CMS. Conservative think tanks and congressional Republicans have floated several potential changes to Medicaid, including slashing funding for the program and introducing federal legislation to bolster or require work requirements.
White said his caucus would continue to push for expansion despite possible cuts to the program.
“I just don’t think Congress and the Trump administration is going to go and try to find a way to try to kick 40 state’s people off of coverage for low income workers,” White said.
As the state continues conversations with CMS and waits for the U.S. Senate to confirm Oz, Hosemann expects the state Senate to introduce a “dummy bill,” or a placeholder containing only code sections required to expand Medicaid without approving specific details.
White expects the starting point for negotiations between the House and Senate will be a compromise bill both chambers appear to support before the proposal fizzled and died. The compromise proposal would have expanded Medicaid coverage to individuals who make roughly $20,000, or 138% of the federal poverty level, but only if the federal government signed off on a work requirement for recipients.
Opponents of the work requirement, including legislative Democrats, argue the bureaucracy of requiring monthly or semi-annual proof of employment further strains low-income people already facing a slew of socioeconomic barriers. Gov. Tate Reeves opposes expansion, and any expansion bill in 2025 will likely need the help of the minority party to achieve a veto-proof majority.
PERS, CON laws, sports betting among issues on table
Hosemann also said he plans to push for legislation that:
- Addresses chronic absenteeism in public schools
- Makes the Public Employees Retirement System financially sustainable
- Establishes last dollar tuition free community colleges
White also said he plans to advocate for bills that:
- Reform certificate of need laws to state medical centers
- Improve transparency around pharmacy benefit managers
- Restore suffrage to people previously convicted of nonviolent felony offenses
- Reinstate Mississippi’s ballot initiative process
- Legalize mobile sports betting
- Expands public education savings accounts for students located in D and F-rated school districts, putting the state’s portion of the students’ education funding into ESAs and allow the parents to use the money for allowable education expenses including private school tuition.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
Biden travels to New Orleans following the French Quarter attack that killed 14 and injured 30
WASHINGTON (AP) — President Joe Biden is taking a message to the grieving families of victims in the deadly New Year’s attack in New Orleans: “It takes time. You got to hang on.”
Biden on Monday will visit the city where an Army veteran drove a truck into revelers in the French Quarter, killing 14 and injuring 30 more. It’s likely to be the last time Biden travels to the scene of a horrific crime as president to console families of victims. He has less than two weeks left in office.
It’s a grim task that presidents perform, though not every leader has embraced the role with such intimacy as the 82-year-old Biden, who has experienced a lot of personal tragedy in his own life. His first wife and baby daughter died in a car accident in the early 1970s, and his eldest son, Beau, died of cancer in 2015.
“I’ve been there. There’s nothing you can really say to somebody that’s just had such a tragic loss,” Biden told reporters Sunday in a preview of his visit. “My message is going to be personal if I get to get them alone.”
Biden often takes the opportunity at such bleak occasions to speak behind closed doors with the families, offer up his personal phone number in case people want to talk later on and talk about grief in stark, personal terms.
The Democratic president will continue on to California following his stop in New Orleans. The White House was moving forward with plans for the trip even as a snowstorm was hitting the Washington region.
In New Orleans, the driver plowed into a crowd on the city’s famous Bourbon Street. Fourteen revelers were killed along with the driver. Shamsud-Din Jabbar, who steered his speeding truck around a barricade and plowed into the crowd, later was fatally shot in a firefight with police.
Jabbar, an American citizen from Texas, had posted five videos on his Facebook account in the hours before the attack in which he proclaimed his support for the Islamic State militant group and previewed the violence that he would soon unleash in the French Quarter.
Biden on Sunday pushed back against conspiracy theories surrounding the attack, and he urged New Orleans residents to ignore them.
“I spent literally 17, 18 hours with the intelligence community from the time this happened to establish exactly what happened, to establish beyond any reasonable doubt that New Orleans was the act of a single man who acted alone,” he said. “All this talk about conspiracies with other people, there’s not evidence of that — zero.”
The youngest victim was 18 years old, and the oldest was 63. Most victims were in their 20s. They came from Alabama, Louisiana, Mississippi, New York, New Jersey and Great Britain.
Louisiana Sen. Bill Cassidy, a Republican, was asked on Fox News Channel what the city was hoping for from Biden’s visit.
“How can we not feel for both the families of those who die but also those who’ve been injured in their families?” he asked.
“The best thing that the city, the state, and the federal government can do is do their best to make sure that this does not happen again. And what we can do as a people is to make sure that we don’t live our lives in fear or in terror — but live our lives bravely and with liberty, and then support those families however they need support.”
Associated Press writer Fatima Hussein contributed to this report.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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