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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, 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 , a man who died after being jailed without charges in Alcorn County for 12 days in January. No state agency tracks this information, so and ProPublica assembled a tally by reviewing lawsuits, Mississippi Bureau of Investigation reports, and 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, to seven to 10 days in current law.

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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 .

“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.

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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.

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“What we see is families that are just desperate to get 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.

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“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.

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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

On this day in 1945

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April 29, 1945

Richard Wright wrote his memoir about growing up in Roxie, Miss., called “Black Boy.” Credit: Wikipedia

The memoir by Richard Wright about his upbringing in Roxie, Mississippi, “Black Boy,” became the top-selling book in the U.S.

Wrighyt described Roxie as “swarming with rats, cats, dogs, fortune tellers, cripples, blind , whores, salesmen, rent collectors, and .”

In his home, he looked to his mother: “My mother's suffering grew into a symbol in my mind, gathering to itself all the poverty, the ignorance, the helplessness; the painful, baffling, hunger-ridden days and hours; the restless moving, the futile seeking, the uncertainty, the fear, the dread; the meaningless pain and the endless suffering. Her set the emotional tone of my life.”

When he was alone, he wrote, “I would hurl words into this darkness and wait for an echo, and if an echo sounded, no matter how faintly, I would send other words to tell, to march, to fight, to create a sense of the hunger for life that gnaws in us all.”

Reading became his refuge.

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“Whenever my had failed to or nourish me, I had clutched at books,” he wrote. “Reading was like a drug, a dope. The novels created moods in which I lived for days.”

In the end, he discovered that “if you possess enough courage to speak out what you are, you will find you are not alone.” He was the first Black author to see his work sold through the Book-of-a-Month Club.

Wright's novel, “Native Son,” told the story of Bigger , a 20-year-old Black man whose bleak life him to kill. Through the book, he sought to expose the racism he saw: “I was guided by but one criterion: to tell the truth as I saw it and felt it. I swore to myself that if I ever wrote another book, no one would weep over it; that it would be so hard and deep that they would have to face it without the consolation of tears.”

The novel, which sold more than 250,000 copies in its first three weeks, was turned into a play on Broadway, directed by Orson Welles. He became friends with other writers, Ralph Ellison in Harlem and Jean-Paul Sartre and Albert Camus in Paris. His works played a role in changing white Americans' views on race.

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

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Mississippi Today

Podcast: The contentious final days of the 2024 legislative session

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's Adam Ganucheau, Bobby Harrison and Geoff Pender break down the final negotiations of the 2024 legislative 's three major issues: expansion, education , and retirement system reform.

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

Did you miss our previous article…
https://www.biloxinewsevents.com/?p=353661

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Mississippi Today

Lawmakers negotiate Medicaid expansion behind closed doors, hit impasse on state budget

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mississippitoday.org – Geoff Pender, Taylor Vance and Bobby Harrison – 2024-04-28 18:32:45

House and Senate continued to haggle over Medicaid expansion proposals Sunday, and the budget process hit a snag after couldn't reach final agreements by a Saturday night deadline on how to spend $7 .

House Speaker Jason White on Sunday told his chamber that Medicaid expansion negotiators from the House and Senate had been meeting and he expected a compromise “will be filed by Monday or Tuesday at the latest.”

House Medicaid Chairwoman Missy McGee said the Senate had delivered another counter proposal on expansion Sunday evening but declined to provide details. Her Senate counterpart, Medicaid Chairman Kevin Blackwell, declined comment on Sunday. The two leaders met in McGee's office on Sunday evening a Saturday afternoon meeting.

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READ MORE: House, Senate close in on Medicaid expansion agreement

Lawmakers have for the past couple of months been debating on how to expand Medicaid coverage for poor and the state's flagging hospitals. The House initially voted to expand coverage to an estimated 200,000 people, and accept more that $1 billion a year in federal dollars to cover the cost, as most other states have done. The Senate initially passed a far more austere plan, that would cover about 40,000 people, and would decline the extra federal money to cover costs.

Since those plans passed, each has offered counter proposals, but no deal has been reached.

A group of about 50 clergy, physicians and other citizens who full expansion showed up at the Capitol on Sunday to sit in the Senate gallery and deliver letters to key leaders who are negotiating a final plan.

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“When we stand before the Lord, he's not going to ask how much money did you save the state. He's going to ask you what you did for the least of these,” Monsignor Elvin Sounds, a retired Catholic priest, said outside the Senate gallery on Sunday.

READ MORE: A solution to the Republican impasse on Medicaid expansion

Lawmakers hit an impasse on setting a $7 billion state budget and missed Saturday night's deadline for filing appropriations bills. This will force the legislature into extra innings, and require lawmakers to vote to push back deadlines. Lawmakers had expected to end this year's session and Jackson by early this . But House Speaker Jason White told his chamber on Sunday they should expect to continue working through Friday, “and possibly through Saturday or Sunday.

White later said of the budget impasse, “When you get to haggling over spending $7 billion, folks are going to have disagreements.”

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Lt. Gov. Delbert Hosemann, who presides over the Senate, said “things are fluid. But everybody is working.”

He looked at his watch and said “It is 5 o'clock. By 6 o'clock what I tell you will have changed.”

White said one reason for the session having to run extra innings is that when he became speaker he vowed to House members that he would not continue the practice of passing much of the state budget last-minute, late at night or in the wee hours of the morning with little or no time for lawmakers to read or vet what they are passing.

He said the House was prepared early Saturday night to file budget bills with agreed-upon numbers, but not to file “dummy bills” with zeros or blanks and continue haggling a budget late into the night.

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“I made a promise that we are not going to keep them up here until midnight, then plow through all these budget bills,” White said. “We had had a gentleman's agreement (between the House and Senate) earlier in the session to negotiate a budget by April 15. That didn't happen … We are not going to do everything last minute with no time for our members to read things and ask questions. We are not going to do it in the middle of the night.”

READ MORE: Senate negotiators a no-show for second meeting with House on Medicaid expansion

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

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