Prior to the termination of the initial commitment order, the director of the facility shall cause an impartial evaluation of the patient to be made in order to assess the extent to which the grounds for initial commitment persist, the patient continues to have mental illness, and alternatives to involuntary commitment are available. If the results of this impartial evaluation do not support the need for continued commitment, the patient shall be discharged.
The director shall file a written report with the committing court setting forth in detail the results of this evaluation and other facts indicating that the patient satisfies the statutory requirement for continued commitment and the findings of the examiner to support this conclusion. If, after reviewing the director's report, the court finds that the patient continues to have mental illness and that there is no alternative to involuntary commitment, the commitment may be continued.
Nothing in this section shall preclude the patient, his counsel or another person acting in his behalf from requesting a hearing under Section 41-21-81 or 41-21-99.
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