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Mississippi Today

Lawmakers plan challenge to jail as ‘default place’ for people awaiting psychiatric treatment

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For years, have been jailed without criminal charges while they await mental health treatment.

This , lawmakers will propose bills aiming to significantly curtail that practice, legislators said in interviews last . And in the House, the measures will be sponsored by the chair and vice chair of the Public Health and Human Services Committee, to which at least some of the proposals may be referred.

“We can't send people with mental illness to jail because the county doesn't want to pay” for an alternative, said Rep. Kevin Felsher, R-Biloxi, vice chair of that committee.

No legislation has been filed so far. But Felsher and Rep. Sam Creekmore, R-New Albany, the new public health chairman, said they plan to introduce a slate of bills that together would address multiple aspects of the civil commitment process and impose new limits on the jailing of people without criminal charges.

The Department of Mental Health supports those efforts, Director Wendy Bailey said in an email.

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Last year, Mississippi Today and ProPublica reported that hundreds of Mississippians are jailed every year without criminal charges while they await mental health treatment through the civil commitment process. At least 14 Mississippians have died following incarceration during commitment proceedings since 2006, and no other state routinely jails people for days or weeks without charges during the commitment process.

Currently, the state's commitment code says people detained before their commitment hearings “shall not be held in jail unless the court finds that there is no reasonable alternative.”

Felsher said one of his bills will impose stricter limits on the use of jail.

“You have to look for every other alternative before jail would become an option,” he said.

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In some counties, Creekmore said, jail is “the default place to put them.”

Bailey told Mississippi Today that her agency had reviewed commitment statutes in states including Minnesota, Tennessee, Alabama, South Dakota, and Virginia. Alabama, Tennessee and Virginia prohibit jailing people without criminal charges during the process. Statues in Minnesota and South Dakota strictly limit it.

“Limits that could be considered include requirements such as a chancellor must issue a specific order for someone to be held in jail, that the person cannot be held in jail unless actively violent, the local mental health authority would offer to services while someone is held in jail and limiting the amount of time the person is held in jail,” Bailey wrote.

Bailey has emphasized that she opposes jailing people without criminal charges while they await treatment.

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Last year, Creekmore sponsored HB 1222, which became law and requires more mental health for law enforcement and expanded a court liaison program that aims to help families find treatment options other than civil commitment, if appropriate.

Jailed for lack of health insurance?

Felsher also plans to reintroduce legislation that failed last year, establishing that a person being committed can't be held in jail just because they are indigent and lack health insurance to pay for treatment. That bill would have required counties to pay for a person's treatment after their hearing if a publicly funded hospital or crisis stabilization unit bed is unavailable, capping costs at the Medicaid reimbursement rate.

Harrison County, part of which Felsher represents, and some other counties in the state, such as Neshoba, already pay for private treatment if a public bed is unavailable.

The measures could trigger a fight with counties, many of which are reluctant to spend money to treat people instead of jailing them while they wait for a state-funded bed.

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For example, Lee County Chancery Clerk Bill Benson said in an interview that it costs about $40 per day to jail someone in his county. When a county sends a resident to a private hospital, it pays more than $500 a day, according to contracts Mississippi Today reviewed.

At a hearing in November 2022, Felsher asked Benson whether he would support his county paying hospitals to treat county as an alternative to jail.

“My supervisors would hang me … if I said yes,” Benson said.

On Thursday, Benson said cost is still an issue. He thinks county leaders would want some assurance that they won't have to pay for long hospitalizations of a week or more.

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“And who is going to be responsible for finding that place to house them?” he said.

According to data from the Department of Mental Health, Lee County jailed 25 people before their admission to a state hospital in fiscal year 2023, detaining them for more than five days on average (a figure that doesn't include the days they likely spent in jail before their hearings).

Felsher said he thinks county supervisors support keeping people out of jail without criminal charges but could be concerned about costs. He said he hopes to improve access to public treatment so that counties aren't on the hook.

A pilot project and more

Creekmore said he plans to sponsor a measure requiring an evaluation before commitment paperwork can be filed—a change that would mean someone can't be detained unless at least one mental health provider has recommended it. Currently, a person can be detained on the basis of a sworn affidavit by anyone alleging that the individual is dangerous to themselves or others because of a mental illness.

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Creekmore said he also plans to propose a pilot project that would eliminate jail detentions in participating counties by designating the local crisis stabilization units as the only place deputies can take someone they pick up after an affidavit has been filed. If the person was violent, a deputy would remain with them at the facility for some time period instead of taking them to jail, as sometimes happens now.

“If that can be successful, then maybe that can simplify it for all regions,” Creekmore said.

The proposed pilot would include Region 8 and Region 10, the community mental health centers serving a total of 14 counties around and east central Mississippi

“The involuntary commitment process is a heart wrenching experience and we, as a society, have a moral and ethical responsibility to put forth our best effort to help these hurting families identify and access the most humane and appropriate in our communities,” said Dave Van, the executive director of Region 8, in a text message to Mississippi Today.

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A summary of mental health proposals lawmakers are discussing:

Proposals addressing civil commitment:

  • Stricter limits on jail detentions
  • Requiring counties to pay for private treatment if a public bed is unavailable after a judge has ordered someone to psychiatric treatment, and capping county costs at the Medicaid rate
  • Prohibiting jailing someone during the commitment process because they can't pay for treatment
  • Requiring a pre-evaluation before someone can be detained
  • A pilot project to designate the crisis stabilization units in two regions as a “single point of entry” where deputies take people after picking them up and stay with them if necessary, aiming to eliminate jail detentions

Other mental health proposals

  • Expanding Medicaid coverage for people with serious mental illness to pay for supportive housing, aiming to bring new facilities to Mississippi
  • Establishing a mental health peer support program to address suicides among teenagers
  • Requiring the 988 suicide and crisis lifeline to be printed on all state IDs, including student IDs

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

Mississippi Today

PSC axes solar programs in light of EPA funds, advocates file lawsuit

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mississippitoday.org – Alex Rozier – 2024-05-15 12:10:31

Advocates from some of the 's conservation groups — such as Audubon Delta, Mississippi Sierra Club and Steps Coalition — spoke out Wednesday against a recent decision by the to suspend several solar programs, “Solar for Schools,” less than two years after the previous commission put them in place.

“This is particularly disappointing because the need for these incentives in the state of Mississippi is significant,” said Jonathan Green, executive director of Steps Coalition. “Energy costs in the South, and in particular the region known as the Black Belt, are higher than those in other parts of the country for a number of reasons. These regions tend to have older energy generation infrastructure, and housing that has not been weatherproofed to modern standards. For many low- to moderate-income residents in the state of Mississippi, energy burden and energy insecurity represent real daily economic challenges.”

The PSC voted 2-1 at its April docket meeting to do away with the programs, reasoning in part that new funds through the Inflation Reduction Act would be available to the state. About 10 days later, the Environmental Protection Agency awarded $62 million to the state, through the Hope Enterprise Corporation, to help low-income afford adding solar power to their homes. The funds are part of the Biden Administration's Solar for All program, one of the several recent federal initiatives aimed at reducing greenhouse gas emissions.

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The PSC decision ended three programs the previous commission put in place to encourage wider adoption of solar power through the two power companies it regulates, Entergy Mississippi and Mississippi Power: “Solar for Schools,” which school districts to essentially build solar panels for free in exchange for tax credits, as well as incentives for low-income customers and battery storage.

Last Friday, the Sierra Club filed lawsuits in chancery courts in Hinds and Harrison counties against the commission, arguing the PSC broke state by not providing sufficient reasoning or public notice before making the changes. Advocates also argued that new funding going to Hope Enterprise won't go as far without the PSC's low-income incentives.

The programs were part of a 2022 addition to the state's net metering rule, a system that allows homeowners to generate their own solar power and earn credits for excess energy on their electric bills. Mississippi's version is less beneficial to participants than net metering in most states, though, because it doesn't reimburse users at the full retail cost. Mississippi's net metering program itself is still in tact.

Northern District Commissioner Chris Brown said that, while he supported efforts to expand solar power, he didn't think programs that offer incentives from energy companies were fair to other .

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Solar panels on the roof of the performing arts center at North Forrest High School. Credit: Mike Papas / Forrest County School District

“It's the subsidy that we take issue with,” Brown said at the meeting. “It's not the solar, it's not the helping the schools. We just don't think it's good policy to spread that to the rest of the ratepayers.”

Brown and Southern District Commissioner Wayne Carr voted to end the programs, while Central District Commissioner De'Keither Stamps voted against the motion. All three are in their first terms on the PSC. Brown's position is in line with what the power companies as well as Gov. Tate Reeves have argued, which is that programs like net metering forces non-participants to subsidize those who participate.

Robert Wiygul, an attorney for the Mississippi Sierra Club, countered that argument during Wednesday's press conference, saying that net metering actually helps non-participants by adding more power to the grid and reducing the strain on the power companies' other infrastructure. Moreover, he said, the PSC hasn't offered actual numbers showing that non-participants are subsidizing the program.

“Look, if the commission wants to talk about that, we are ready to talk about it,” Wiygul said. “But what we got here is a situation where these two commissioners just decided they were going to do this. We don't even know what that claim is really based on because it hasn't been through the public notice and hasn't been through the public comment .”

While no schools had officially enrolled in “Solar for Schools,” which went into effect in January of last year, Stamps told Mississippi Today that there were places in his district getting ready to participate in the very programs the PSC voted to suspend.

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Mississippi Public Service Central District Commissioner De'Keither Stamps, discusses current agency operations across the state during an interview at district headquarters, Friday, Feb. 23, 2024, in . Credit: Vickie D. King/Mississippi Today

“My issue was we should have talked to the entities that were going through the process to (understand what they were doing) to participate in the programs before you eliminate the programs,” he said.

Several school districts in the state are already using solar panels thanks to funding from a past settlement with Mississippi Power. Officials there told Mississippi Today that the extra power generated from the panels has freed up spending for other educational needs. During the public comment period for the 2022 net metering update, about a dozen school district superintendents from around the state wrote in to the initiative. Ninety-five school districts in the state would have been eligible for the program because they receive power from Entergy Mississippi or Mississippi Power.

Former commissioner Brent Bailey, who lost a close reelection bid in November to Stamps, was an advocate for the schools program that the PSC created while he was there. At the April docket meeting, he pleaded with the new commission to reconsider, arguing that the new federal funding won't have the same impact without those programs.

“My ask is to at least give this program a chance, see where it goes, and hear from stakeholders that have participated,” Bailey said. The solar programs, he added, weren't just about expanding renewable energy, but taking advantage of a growing economy around solar power as well: “We can just stand by and watch it go by, or we can participate in this and bring economic development to the state.”

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

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Crooked Letter Sports Podcast

Podcast: In or out (of the NCAA Tournament)?

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College 's regular season is in its last , which means baseball bracketology is a popular activity. needs to finish strong to become a Regional host. Southern Miss probably has already punched its ticket as a 2- or 3-seed. , playing its best baseball presently, needs victories, period. Meanwhile, the State High School softball tournament is this week in Hattiesburg, and the state baseball tournament to Trustmark Park in Pearl next week.

Stream all episodes here.


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

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https://www.biloxinewsevents.com/?p=358148

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Mississippi Today

Reeves again blocks funds for LeFleur’s Bluff project in Jackson

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mississippitoday.org – Bobby Harrison – 2024-05-15 10:02:34

For the third consecutive year legislative efforts to direct money to renovate LeFleur's Bluff in Jackson have been stymied, thanks in large part to Gov. Tate Reeves.

Earlier this , the Republican governor vetoed a portion of a bill that directed $14 million to the office of Secretary of State Michael Watson for work on developing and improving a nature trail connecting parks and museums and making other tourism-related improvements in the LeFleur's Bluff area.

It is not clear whether the Legislature could take up the veto during the 2025 , which begins in January, though, that's not likely. The Legislature had the option to return to Jackson Tuesday to take up any veto, but chose not to do so.

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Of the project, Watson said, “Our office was approached late in the session about helping with a project to revitalize LeFleur's Bluff. As Mississippi's state land commissioner, I was more than happy to lead this effort not just because it's a natural fit for our office, but also because I believe Mississippi needs a thriving capital city to retain our best and brightest. Investing state funds in state property on a project to enhance the quality of in Jackson makes good sense.

“Unfortunately, some only it when it equates to campaign contributions. Sadly, through the line-item veto of the appropriation, Mississippians will once again wait another year for the opportunity to benefit from state investments for the greater public good.”

READ MORE: Gov. Reeves warns Mississippi: Challenge my vetoes, and it could jeopardize hundreds of projects

Various groups, such as representatives of the Mississippi Children's Museum and many other community leaders have been working on the project for years. The area already is the home of the Children's Museum, Museum of Natural History, Mississippi Sports Hall of Fame and Museum and a state park.

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The issues with LeFleur's Bluff first arose in 2022 when Reeves vetoed a $14 million appropriation that in part was designed to redesign and create a new golf course in the area. Previously, there had been a nine-hole, state-owned golf course operated by the Department of Wildlife, at LeFleur's Bluff State Park.

In 2022, the LeFleur's Bluff project was one of literally hundreds of projects funded by the Legislature – many of which was tourism projects like LeFleur's Bluff. The governor only vetoed a handful of those projects.

When issuing the LeFleur's  Bluff veto, Reeves said the state should not be involved in golf courses.

Then last year $13 million was directed to the Department of Wildlife, Fisheries and Parks to spend on the LeFleur's Bluff project. But legislative leaders said state money would not go toward a golf course.

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Lawmakers opted to transfer the project to the Secretary of State's office late in the 2024 session, apparently in part because they felt the Department of Wildlife, Fisheries and Parks had not made enough of an effort to begin the project.

Lynn Posey, executive director of Wildlife, Fisheries and Parks, said that before moving forward with the project, “We felt like we needed to do engineering work and see what the situation was. We never got a to move forward” because the Legislature redirected the money.

Posey said an engineer's was needed because “it is a unique piece of land.” He said much of the land is prone to flooding.

He said before that work could begin the Legislature switched the authority to the Secretary of State's office. Posey was appointed to his current position by Reeves, whose office had no comment on the veto.

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Lt. Gov. Delbert Hosemann said after the governor's veto, “Projects like the LeFleur's Bluff development are critical to the Capital City, the wider metropolitan area, and our state. Public parks add to the quality of life for our citizens. I am hopeful the individuals involved in this project, including those at the Mississippi Children's Museum, will continue their work to improve this state asset.” 

While the Constitution instructs the governor to provide to the Legislature a reason for any veto, Reeves did not do so this year when vetoing the money going to the Secretary of State's office.

On Monday, the governor also vetoed a portion of another bill dealing with appropriations for specific projects. But in this case, the veto was more of a technicality. The bill was making corrections to language passed in previous sessions. In that language were five projects the governor vetoed in 2022.

The language, as it was written, would not have revived those previously vetoed projects, the governor said. But Reeves said he vetoed the five projects out of caution. He did the same in 2023 when those five projects, which included money appropriated in 2022 for the Russell C. Davis Planetarium in Jackson, were carried forward in a bill also making corrections to previously passed legislation.

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

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