Mississippi Today
Lawmakers advance bills to restrict jailing people awaiting mental health treatment
Two bills imposing strict limits on when people can be jailed without criminal charges while they await mental health treatment are headed to the House and Senate floors.
Both measures would allow counties to jail people during civil commitment proceedings only if alternatives such as local hospitals and crisis stabilization units are unavailable, and would restrict such jail detentions to no more than 24 hours. They would also require a mental health screening to take place before a person can be taken into custody– a proposal intended to reduce the number of commitments by connecting people with outpatient treatment options instead whenever possible.
“We need to get the mentally ill out of our jails,” said Sen. Nicole Boyd, R-Oxford, as she introduced SB 2744 to the Judiciary A Committee on Tuesday afternoon.
Her bill cleared the committee with no opposition. Last week, HB 1640, with similar language, passed out of the House Public Health Committee, also with no opposition.
The legislation follows reporting by Mississippi Today and ProPublica that hundreds of Mississippians are jailed every year without criminal charges while they await mental health evaluations and treatment. Since 2006, at least 17 Mississippians have died while jailed during commitment proceedings. Earlier this year, 48-year-old James Tatsch died after being found unresponsive in the Alcorn County Jail, where he had been held with no criminal charges for 12 days.
House Public Health Chairman Rep. Sam Creekmore, who authored HB 1640, appeared to reference Tatsch’s death in describing part of his legislation that requires a hearing within five days of a person’s commitment examinations. Under the current law, the hearing can take place within 10 days of those examinations.
“There are cases in our state recently, had this been in place, some patients would still be alive,” Creekmore said.
As the bills proceed, county officials are likely to raise concerns about costs, since jailing people is far cheaper than paying for their hospitalization. Neither SB 2744 nor HB 1640 includes new funding for treatment beds or facilities or money to help counties comply.
While the state has expanded publicly funded crisis stabilization units in recent years, chancery clerks and law enforcement complain that they frequently turn patients away because they deem them “violent” or requiring a higher level of care. If no public bed is available, counties may be on the hook to pay for treatment at a private facility.
During the Judiciary A meeting on Tuesday, Boyd referenced recent reporting by Mississippi Today that the nonprofit Disability Rights Mississippi plans to sue the state and some counties over the practice of jailing people on the basis of mental illness.
“The state is facing litigation because we are continuing to put those that are mentally ill in our jails, and I think this will go a long way in making sure that we work through this,” she said.
On Tuesday, Disability Rights Mississippi Executive Director Polly Tribble reiterated her stance that any jail detention is too long for people who haven’t been accused of a crime.
She asked who would monitor whether counties are meeting a 24-hour deadline to get someone out of jail, pointing out that the Department of Mental Health currently tracks such detentions and their length only after someone has had a commitment hearing and is waiting on a state hospital bed.
“There are just too many questions,” she said. “We are mandated to protect the rights of people with disabilities and we intend to do just that.”
The committee substitutes of HB 1640 as well as SB 2477 contain a measure that would continue to allow detentions in any jail that is certified as a holding facility by the Department of Mental Health. Jails with that certification must meet health and safety standards and be regularly inspected by the agency.
In public health hearings earlier this year, Department of Mental Health director Wendy Bailey told lawmakers that reforming the civil commitment process to restrict jail detentions is a top priority of the agency this session.
“We’ve been supportive of changes to the commitment process, including restrictions on the use of jail as a holding facility and a pre-affidavit screening process that is in this legislation,” said Adam Moore, a spokesperson for the Department of Mental Health, on Tuesday.
The Senate legislation also increases state oversight of the community mental health centers, the independent regional organizations responsible for providing safety net mental health care close to home.
Specifically, Boyd’s bill would require the Department of Mental Health to create a rating scale for the centers and conduct a performance review audit at least every two years. After a six-month probation, the agency could replace a failing center’s director.
Dave Van, the executive director of Region 8, the community mental health center that serves Madison, Rankin and other counties in central Mississippi, said he thinks SB 2744 makes significant changes that could have unintended consequences. He said community mental health center directors and commissioners, along with county supervisors, weren’t sufficiently involved in the creation of the legislation.
“I just think it’s completely turning the mental health system upside down in a small amount of time without any research or input from all the players that provide the service, the boots on the ground,” he said. “Maybe it needs to be turned upside down. I’m just not sure.”
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
An ad supporting Jenifer Branning finds imaginary liberals on the Mississippi Supreme Court
The Improve Mississippi PAC claims in advertising that the state Supreme Court “is in danger of being dominated by liberal justices” unless Jenifer Branning is elected in Tuesday’s runoff.
Improve Mississippi made the almost laughable claim in both radio commercials and mailers that were sent to homes in the court’s central district, where a runoff election will be held on Tuesday.
Improve Mississippi is an independent, third party political action committee created to aid state Sen. Jenifer Branning of Neshoba County in her efforts to defeat longtime Central District Supreme Court Justice Jim Kitchens of Copiah County.
The PAC should receive an award or at least be considered for an honor for best fiction writing.
At least seven current members of the nine-member Supreme Court would be shocked to know anyone considered them liberal.
It is telling that the ads do not offer any examples of “liberal” Supreme Court opinions issued by the current majority. It is even more telling that there have been no ads by Improve Mississippi or any other group citing the liberal dissenting opinions written or joined by Kitchens.
Granted, it is fair and likely accurate to point out that Branning is more conservative than Kitchens. After all, Branning is considered one of the more conservative members of a supermajority Republican Mississippi Senate.
As a member of the Senate, for example, she voted against removing the Confederate battle emblem from the Mississippi state flag, opposed Medicaid expansion and an equal pay bill for women.
And if she is elected to the state Supreme Court in Tuesday’s runoff election, she might be one of the panel’s more conservative members. But she will be surrounded by a Supreme Court bench full of conservatives.
A look at the history of the members of the Supreme Court might be helpful.
Chief Justice Michael Randolph originally was appointed to the court by Republican Gov. Haley Barbour, who is credited with leading the effort to make the Republican Party dominant in Mississippi. Before Randolph was appointed by Barbour, he served a stint on the National Coal Council — appointed to the post by President Ronald Reagan who is considered an icon in the conservative movement.
Justices James Maxwell, Dawn Beam, David Ishee and Kenneth Griffis were appointed by Republican Gov. Phil Bryant.
Only three members of the current court were not initially appointed to the Supreme Court by conservative Republican governors: Kitchens, Josiah Coleman and Robert Chamberlin. All three got their initial posts on the court by winning elections for full eight-year terms.
But Chamberlin, once a Republican state senator from Southaven, was appointed as a circuit court judge by Barbour before winning his Supreme Court post. And Coleman was endorsed in his election effort by both the Republican Party and by current Republican Gov. Tate Reeves, who also contributed to his campaign.
Only Kitchens earned a spot on the court without either being appointed by a Republican governor or being endorsed by the state Republican Party.
The ninth member of the court is Leslie King, who, like Kitchens, is viewed as not as conservative as the other seven justices. King, former chief judge on the Mississippi Court of Appeals, was originally appointed to the Supreme Court by Barbour, who to his credit made the appointment at least in part to ensure that a Black Mississippian remained on the nine-member court.
It should be noted that Beam was defeated on Nov. 5 by David Sullivan, a Gulf Coast municipal judge who has a local reputation for leaning conservative. Even if Sullivan is less conservative when he takes his new post in January, there still be six justices on the Supreme Court with strong conservative bonafides, not counting what happens in the Branning-Kitchens runoff.
Granted, Kitchens is next in line to serve as chief justice should Randolph, who has been on the court since 2004, step down. The longest tenured justice serves as the chief justice.
But to think that Kitchens as chief justice would be able to exert enough influence to force the other longtime conservative members of the court to start voting as liberals is even more fiction.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
On this day in 1968
Nov. 24, 1968
Black Panther leader Eldridge Cleaver fled the U.S. to avoid imprisonment on a parole violation. He wrote in “Soul on Ice”: “If a man like Malcolm X could change and repudiate racism, if I myself and other former Muslims can change, if young whites can change, then there is hope for America.”
The Arkansas native began to be incarcerated when he was still in junior high and soon read about Malcolm X. He began writing his own essays, drawing the praise of Norman Mailer and others. That work helped him win parole in 1966. His “Soul on Ice” memoir, written from Folsom state prison, described his journey from selling marijuana to following Malcolm X. The book he wrote became a seminal work in Black literature, and he became a national figure.
Cleaver soon joined the Black Panther Party, serving as the minister of information. After a Panther shootout with police that left him injured, one Panther dead and two officers wounded, he jumped bail and fled the U.S. In 1977, after an unsuccessful suicide attempt, he returned to the U.S. pleaded guilty to a reduced charge of assault and served 1,200 hours of community service.
From that point forward, “Mr. Cleaver metamorphosed into variously a born-again Christian, a follower of the Rev. Sun Myung Moon, a Mormon, a crack cocaine addict, a designer of men’s trousers featuring a codpiece and even, finally, a Republican,” The New York Times wrote in his 1998 obituary. His wife said he was suffering from mental illness and never recovered.
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.
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