Definition of Involuntary Commitment
Involuntary commitment is a legal process where a person is court ordered to a hospital or other facility for evaluation or treatment. There must be strong evidence that the person is dangerous to himself/herself or others by reason of mental illness.

The Affidavit
The first step in the commitment process for someone who is seriously mentally ill is the filing of an affidavit (a legal document) with the Chancery Clerk in the county where the alleged mentally ill individual lives. This may be done by a relative of the patient, or any interested adult, such as a guardian, public official, or legal guardian. The person who initiates the process is called the "affiant" and the individual who is being considered for commitment is known as the "respondent." The affiant will be asked to complete an affidavit and information forms pertaining to the respondent.

The chancery clerk staff should explain the commitment process and related fees. If the affiant is unable to pay the fee, he/she should be informed of the option for a pauper’s oath which may vary with each county. How the Chancery Court interacts with the local mental health center during this initial step varies from county to county (i.e., some county mental health offices assist with completing forms and explaining the commitment process, some mental health centers make the initial referral to the chancery clerk).

Note: If there are legal charges against the individual being considered for commitment, those charges must be remanded, with proof sent to the admitting hospital before the individual’s paper work will be processed for admission.

Pre-Evaluation Screening
Once the affidavit, information forms and fees have been filed with the Chancery Court, the Chancery Court Office will contact the local mental health center to arrange for a pre-evaluation screening which provides initial professional contact that helps determine the need to continue with commitment proceedings. A Chancery judge will issue a writ to the local sheriff’s department to have the respondent taken into custody so that the screening may take place. (A writ is an order issued from the court requiring performance of a specified act or giving authority to have it done). Depending on the county and availability of mental health center staff the pre-evaluation screening should take place as soon as possible after the writ is issued. The screening is conducted by mental health center staff who have received specific training and are certified to conduct such screening. Results of the screening are sent to the judge who then determines if the case should be dismissed or continue through the commitment process. In most cases, continuing with the commitment will be decided. Cases that are dismissed are often done so based on the recommendation of the mental health center that the individual can be treated on an outpatient basis.

Commitment Examination
If a pre-evaluation screening at the mental health center suggests a commitment examination is warranted, an examination must be done by either two physicians or by a physician and a licensed, certified psychologist. (This is assigned by the judge at the time the initial writ to take the respondent into custody for the pre-evaluation screening is written). The doctors will conduct the examination and complete the doctor’s certificates which will describe their findings and recommendations. These doctor’s evaluation certificates are filed with the Chancery Court. The judge reviews them and makes a decision regarding the need for a commitment hearing.

Pre-Commitment Hearing
If the judge determines there is a need to continue the commitment proceedings, he/she will order a hearing which is scheduled within 7 days of the filing of the examination certificate. The Chancery Court schedules the hearing and informs all parties involved of the date, time, and place of the hearing. The respondent has the right to be present at the hearing and to have an attorney. The court will assign legal representation for the respondent if he/she does not have an attorney representative. The respondent, after speaking with an attorney, or the attorney on behalf of the respondent, has the right to waive his rights to a hearing or any part of the commitment proceedings. If the judge decides to order commitment, the admission process will be initiated with the designated hospital.

Note: Other options such as Outpatient Commitment, are also possible. A judge may court-order a respondent to participate in outpatient treatment, sometimes with specific instructions. If the instructions are not followed, the respondent gives up his right to outpatient treatment and may be sent to the hospital without another hearing being required.

Admission to a State Psychiatric Hospital
Once the decision has been made for an individual to be committed, the appropriate facility is notified. The appropriate documents are sent to the hospital and must be in order before an admission can be scheduled. These documents include: Court Order for Commitment, Affidavit, Patient Information Sheet, Physician’s Certificate with two signatures, and Mental Heath Pre-Screening. A file is then created and the admission staff schedule a date and time for the admission. When an individual is taken to a state hospital, he/she is usually transported by the Sheriff’s Department in the person’s home community. (In some cases, an individual may have to wait until a bed is available in the particular service area. When this occurs, the judge may execute another order to have the individual held in another facility such as a general hospital, crisis residential facility, crisis intervention center until a bed is available at the hospital).

Individuals may be admitted to one of four state psychiatric hospitals:

Mississippi State Hospital, Whitfield, MS
(601-351-8000), www.msh.state.ms.us

East Mississippi State Hospital, Meridian, MS
(601-482-6186), www.emsh.state.ms.us

North Mississippi State Hospital, Tupelo, MS
(662-690-4200), www.nmsh.state.ms.us

South Mississippi State Hospital, Purvis, MS
(601-794-0100), www.smsh.state.ms.us

Once admitted, individuals are oriented to their living environment by staff who review program schedules, activities, individuals’ rights and responsibilities. Assessments begin with the treatment team which consists of a doctor, nurses, psychology staff, recreation staff, and social worker. A treatment plan is developed, usually within a week to ten days. Contact with the family is usually through the social worker.

20th day notice
There is no specific amount of time an individual stays at a hospital. The initial court order is for an evaluation and treatment period of 20 days. If, at any time, during the 20 day period, it is determined that the individual will require longer treatment, he/she is notified. There are allowances for the individual to disagree with the decision for continued treatment in which he may request a hearing within 60 days of receiving the 20 day-continued treatment notice.