In an effort to curb the problematic trend of incarcerating individuals solely for their mental health issues, Mississippi enacted a new civil commitment law last year, officials report. The legislation comes in response to troubling findings that revealed many individuals with serious mental illnesses were being detained without criminal charges as they awaited involuntary psychological evaluations and treatment, a practice resulting in at least 17 deaths since 2006.
Despite the intentions behind the law, which restricts the jailing of mentally ill individuals to those who are “actively violent” and for no more than 48 hours, discrepancies in data reporting have created challenges in assessing the law’s efficacy. In the first quarter following the legislation’s implementation, varied reports arose from community mental health centers and state agencies regarding the actual number of individuals held in jails, which complicates the evaluation of progress.
Rep. Sam Creekmore IV, a key sponsor of the legislation and chair of the Public Health and Human Services Committee, expressed frustration over the inconsistent and sometimes missing data from different corners of the state. The diversity in reported numbers makes it difficult to gauge the law’s impact accurately. As a result, Creekmore is considering proposing further legislation to ensure better compliance and data reporting across all counties.
Since the law took effect in July 2024, over 1,300 people were screened for possible civil commitment, and more than 500 were redirected to less restrictive treatment options, reflecting a potential shift towards more humane and appropriate care settings for individuals with mental illnesses. However, reports differ on the number of those who were still detained in jails during this period, with the Department of Mental Health stating 102 incarcerations, whereas community health centers reported only 43.
This legislative change was significantly motivated by an investigative reporting project by Mississippi Today and ProPublica, which highlighted Mississippi’s unique and frequent use of jails for individuals under civil commitment, a practice not commonly employed by most other states. Most states, including at least 12 and the District of Columbia, have banned jailing individuals without charges during the psychiatric civil commitment process entirely.
The Department of Mental Health has focused on an educational approach to assist counties in understanding and implementing the new law rather than taking on an enforcement role. This approach includes quarterly reminders for reporting deadlines and providing training resources.
Sheriffs across the state, who have historically criticized the practice of holding mentally ill individuals in jails, have shown broad support for the legislative changes, acknowledging the inappropriateness and dangers of such practices. Simultaneously, the law’s execution has presented significant challenges, especially in areas with limited resources or access to crisis stabilization units, which provide short-term treatment for psychiatric crises.
Rural counties, in particular, have found the new requirements burdensome due to financial constraints and a lack of nearby appropriate facilities. For example, Calhoun County, located more than 30 miles from the nearest crisis stabilization unit, has experienced considerable difficulties adhering to the new regulations.
Advocates and critics alike argue that without rigorous state oversight and enforcement, the legislation’s effectiveness is questionable. Greta Martin, litigation director for Disability Rights Mississippi, points out that without proper oversight, the legislation’s purpose is undermined, leaving its implementation largely in question.
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