MS SB2744

Presiding judges of any circuit, county, or municipal court in Mississippi may establish a mental health treatment court, which can operate within an existing court or intervention court using a separate docket or specialized calendar.

Eligibility requirements are significantly relaxed by removing the 10-year restriction on prior violent felony convictions and eliminating drug trafficking exclusions; only capital murder convictions or charges now disqualify defendants.

Defendants must have a diagnosed serious mental illness or co-occurring mental health and substance use disorder that significantly contributed to the charged offense and must be amenable to treatment and supervision.

Subject to legislative appropriation, mental health treatment courts must operate using a multidisciplinary team including a judge, prosecuting attorney, defense attorney, probation officer, licensed mental health professional, and community-based treatment provider.

Participants who fail to comply with court requirements may face sanctions or termination from the program, with their case referred back to the original court to resume criminal proceedings; successful completion results in dismissal of charges or expungement of conviction.