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2017 Mississippi Code
Title 9 - Courts
Chapter 27 - Rivers Mcgraw Mental Health Diversion Pilot Program Act
§ 9-27-11. Requirements for participation in mental health diversion pilot program
Universal Citation: MS Code § 9-27-11 (2017)
- (1) In order to be eligible for alternative sentencing through a local mental health diversion pilot program, the participant must satisfy each of the following criteria:
- (a) The participant cannot have any felony convictions for any offenses that are crimes of violence as defined in Section 97-3-2, other than burglary under Section 97-17-23(1), within the previous ten (10) years.
- (b) The crime before the court cannot be a crime of violence as defined in Section 97-3-2, other than burglary under Section 97-17-23(1).
- (c) Other criminal proceedings alleging commission of a crime of violence other than burglary under Section 97-17-23(1) cannot be pending against the participant.
- (d) The crime before the court cannot be a charge of driving under the influence of alcohol or any other substance that resulted in the death of a person. In addition, persons who are ineligible for nonadjudication under Section 63-11-30 shall be ineligible to participate in a mental health diversion program.
- (e) The crime charged cannot be one of trafficking in controlled substances under Section 41-29-139(f), nor can the participant have a prior conviction for same.
- (2) Participation in the services of a mental health treatment component shall be open only to the individuals over whom the court has jurisdiction, except that the court may agree to provide the services for individuals referred from another mental health diversion program. In cases transferred from another jurisdiction, the receiving judge shall act as a special master and make recommendations to the sentencing judge.
- (3) (a) As a condition of participation in a mental health diversion program, a participant may be required to undergo a chemical test or a series of chemical tests as specified by the program. A participant is liable for the costs of all chemical tests required under this section, regardless of whether the costs are paid to the mental health diversion program or the laboratory; however, if testing is available from other sources or the program itself, the judge may waive any fees for testing.
- (b) A laboratory that performs a chemical test under this section shall report the results of the test to the mental health diversion program.
- (4) A person does not have a right to participate in a mental health diversion program under this chapter. The court having jurisdiction over a person for a matter before the court shall have the final determination about whether the person may participate in the mental health diversion program under this chapter.
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