Mississippi’s Jail Diversion Law: Success or Confusion?
Last year, Mississippi implemented a groundbreaking law aimed at reducing the number of individuals with mental health issues held in jails simply because they need treatment. Proponents hailed the new law as a victory for individuals in crisis and a step towards a more humane approach to mental healthcare. While early indicators suggest a positive impact, discrepancies in the data paint a more complex picture, raising questions about the law’s true effectiveness.
Mississippi’s previous reliance on jails for people needing mental health care was widely criticized.Investigations by Mississippi Today and ProPublica revealed the disturbing reality of hundreds of individuals with no criminal charges held in jails each year while awaiting involuntary evaluations and treatment. These individuals often languished without adequate mental health care, treated more like criminals than patients. Tragically, the investigations also uncovered at least 17 deaths that occurred while individuals were incarcerated during this process, highlighting the inherent dangers of this system. Mississippi’s heavy use of jails for civilly committed individuals stood out as a national problem.
Signed into law in July 2024, a major goal of the new legislation was to divert individuals away from jails whenever possible. the law mandates that individuals in crisis first receive evaluation by mental health professionals.These professionals can then recommend suitable treatment options, including voluntary treatment, possibly bypassing the need for civil commitment altogether. Further, the new law restricts the use of jail for individuals needing mental health care, limiting their detention to situations where all other options have been exhausted and they pose an “actively violent” threat. Individuals can never be held in jail for more than 48 hours under this new framework.
Initial data from the first three months of the law’s implementation show promise. Over 1,300 individuals statewide were screened for possible civil commitment, with more than 500 diverted to less restrictive treatments, according to reports from community mental health centers. Though, the picture becomes blurred when looking at reports from state agencies, counties, and community mental health centers regarding the number of people held in jail during the civil commitment process. These various entities provided vastly different numbers, making it challenging to gauge the true impact of the new law.
While the new law represents a significant step towards addressing Mississippi’s complex mental healthcare system, it is indeed clear that continued monitoring and data collection are crucial to ensure its success. Transparency and collaboration between all involved parties are essential to paint a clear picture of the law’s effectiveness and make necessary adjustments to achieve its intended goals.
When it comes to understanding the complexities of mental healthcare in Mississippi, reliable data is crucial. Sadly, getting a clear picture of how new laws are impacting individuals facing mental health crises is proving to be a challenge.
A recent inquiry revealed a significant discrepancy in the number of individuals with mental health issues being incarcerated. Community mental health centers reported only 43 people jailed during a specific period, a figure considerably lower than the 102 reported by the department of Mental Health. This discrepancy raises serious questions about the accuracy of the data and the effectiveness of the state’s approach. “It really makes it unachievable to legislate changes to (the new civil commitment laws) when our data is not complete,” stated State Representative tom Creekmore,emphasizing the urgent need for reliable information to inform policy decisions.
Adding to the complexity, only 43 out of Mississippi’s 82 chancery court clerks provided data during the same period,despite a 2023 law mandating reporting of psychiatric commitment data. This incomplete data picture makes it even more difficult to assess the true impact of the new civil commitment laws. Professor Creekmore plans to propose legislation this year aimed at ensuring more extensive data collection.
Last year, Creekmore had proposed “policing” counties to ensure compliance with the new reporting requirements. Though, the department of Mental Health stated they would prioritize education and outreach rather than enforcement. This approach, while well-intentioned, raises concerns about the agency’s commitment to accurate data collection and accountability. Adam Moore, a spokesperson for the Department of Mental Health, declined to explain the discrepancy in reported figures, further fueling the need for transparency and improved data management.
A New Law, Old Challenges: Mississippi’s Struggle to Care for the Mentally Ill
In 2023, Mississippi made a notable shift in its approach to handling individuals in need of psychiatric care. Recognizing the inappropriateness and inherent dangers of housing mentally ill individuals in jails, the state legislature passed a law aimed at diverting these individuals into appropriate treatment settings. While commendable on paper, the implementation of this law has revealed the stark reality of limited resources and infrastructural gaps in the state’s mental health system.
The number of individuals held in Mississippi jails who are awaiting court-ordered psychiatric treatment is significantly lower than in other states. In fact, only a single jail among many in the state was certified to handle these individuals. This stark difference highlights Mississippi’s unique approach to addressing the complex issue of mental health care in the criminal justice system.
Mississippi sheriffs, who have long voiced their concerns about the strain jailing mentally ill individuals places on their facilities, have largely welcomed the new law. “Its fantastic for the sheriffs, because the sheriffs don’t want people that are sick in the jail,” says Will Allen, attorney for the Mississippi Sheriffs’ Association.“They certainly don’t want people who have not committed a crime in the jail,” he adds.
However, the path to implementing this change has been fraught with challenges. Counties lacking nearby crisis stabilization units, which provide vital short-term treatment for individuals experiencing psychiatric crises, struggle to effectively manage this new directive. Even in well-resourced areas, the scarcity of crisis beds often forces counties to bear the expense of transporting patients to distant facilities or placing them in private treatment centres.
A Mississippi County’s Struggle: Jail Cells Become Temporary Mental Health Centers
In the heart of Mississippi, Calhoun County faces a crisis. With the nearest crisis stabilization unit located over 30 miles away, the county grapples with the lack of adequate mental health resources. This predicament has led to a stark and concerning situation: the local jail has become a temporary holding ground for individuals awaiting mental health treatment.
“We don’t have anywhere else to put them,” explains Chancery Clerk Kathy Poynor, highlighting the desperate reality facing the county. “We can’t afford a psychiatric cell. Rural counties just can’t meet the financial obligations.”
The county’s plight underscores a larger systemic issue plaguing Mississippi and beyond: the inadequate investment in mental health care, particularly in rural areas.
While a state law mandates that individuals be held in jail for no longer than 48 hours while awaiting mental health services, critics argue that the lack of oversight renders this legislation ineffective. ”If you are enacting legislation with a 48-hour cap on people being held in county jail and you do not provide any oversight ensuring that county jails are adhering to that,what’s the point of the legislation?” poses Greta Martin,litigation director for Disability Rights Mississippi.
Martin’s question lays bare a critical need for increased state oversight and accountability to ensure that people in need receive timely and appropriate mental health care, rather than being relegated to jails as a makeshift solution. Calhoun County’s struggle serves as a stark reminder of the urgency to address this pressing issue nationwide.
