MS SB2625

Department of Mental Health shall develop and maintain standards for certification of providers who perform mental examinations of criminal defendants, provide training on those standards, and publish a list of certified providers.

Mental examination language in Section 99-13-11 is clarified to apply to persons "charged with" a felony (rather than "indicted for") in circuit or county court, with examination costs paid by the county where the criminal action is pending.

Chancery court jurisdiction over civil commitment is clarified to exclude persons with unresolved violent felony charges, but circuit courts may order incompetent defendants with violent felony charges referred to chancery court for civil commitment procedures.

Section 41-21-65 is conformed to establish that a circuit court order referring an incompetent defendant to chancery court for civil commitment shall replace the affidavit requirement otherwise needed for commitment proceedings.