If at any time within twenty (20) days after admission of a patient to a treatment facility the director determines that the patient is in need of continued hospitalization, he shall give written notice of his findings, together with his reasons for such findings, to the respondent, the patient's attorney, the clerk of the admitting court and the two (2) nearest relatives or guardian of the patient, if the addresses of such relatives or guardian are known. The patient, or any aggrieved relative or friend or guardian shall have sixty (60) days from the date of such notice to request a hearing on the question of the patient's commitment for further treatment. The patient, or any aggrieved relative or guardian or friend, may request a hearing by filing a written notice of request within such sixty (60) days with the clerk of the county within which the facility is located; provided, however, that the patient may request such a hearing in writing to any member of the professional staff, which shall be forwarded to the director and promptly filed with the clerk of the county within which the facility is located and provided further that if the patient is confined at the Mississippi State Hospital, Whitfield, Mississippi, said notice of request shall be filed with the Chancery Clerk of the First Judicial District of Hinds County, Mississippi. A copy of the notice of request must be filed by the patient or on his behalf with the director and the chancery clerk of the admitting court. The notice of the need for continued hospitalization shall be explained to the patient by a member of the professional staff and the explanation documented in the clinical record. At the same time the patient shall be advised of his right to request a hearing and of his right to consult a lawyer prior to deciding whether to request the hearing, and the fact that the patient has been so advised shall be documented in the clinical record. Hearings held pursuant to this section shall be held in the chancery court of the county where the facility is located; provided, however, that if the patient is confined at the Mississippi State Hospital at Whitfield, Mississippi, the hearing shall be conducted by the Chancery Court of the First Judicial District of Hinds County, Mississippi.
Structure Mississippi Code
Chapter 21 - Individuals with Mental Illness or an Intellectual Disability
Persons in Need of Mental Treatment
§ 41-21-71. Procedure after examination; release or confinement pending hearing
§ 41-21-73. Procedures for hearing; evidence; witnesses; commitment; disposition and findings
§ 41-21-76. Waiver of rights by respondent
§ 41-21-77. Commitment to state hospital or Veterans Administration facility
§ 41-21-82. Report prior to termination of initial commitment or discharge
§ 41-21-83. Hearing on need for further treatment
§ 41-21-85. Payment of costs of hearing on need for further treatment
§ 41-21-89. Discharge at behest of patient, attorney, relative or guardian
§ 41-21-91. Deportation of nonresidents
§ 41-21-93. Warrant for patient absent without authorization
§ 41-21-97. Confidentiality of hospital records and information; exceptions
§ 41-21-99. Continued care of patients
§ 41-21-101. Admissions and commitments not adjudication of incompetency