J.Owen - December 10, 2021 - Housing Pre-Commitment Drug and Alcohol Abuse Respondents in County Jail

550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 December 10, 2021 The Honorable Jansen T. Owen State Representative, District 106 Post Office Box 249 Poplarville, Mississippi 39470 Re: Housing Pre-Commitment Drug and Alcohol Abuse Respondents in County Jail Dear Representative Owen: The Office of the Attorney General has received your request for an official opinion. Background According to your request, Mississippi’s civil commitment statute for those in need of mental health treatment provides for pre-commitment housing in the county jail under certain circumstances. Miss. Code Ann. § 41-21-67(4). However, in the statutes governing individuals in need of treatment for drug and/or alcohol treatment, there is no authority to house such individuals in the county jail pending their commitment to private treatment facilities. Miss. Code Ann. § 41-32-7. Question Presented Is there any statutory authority to house respondents to drug and alcohol civil commitment petitions in the county jail pending commitment to either a state or private facility? Brief Response No. There is no statutory authority to house respondents to drug and alcohol civil commitment petitions in the county jail pending commitment to either a state or private facility. Applicable Law and Discussion There is limited statutory authority to house pre-commitment individuals in need of mental health treatment in a county jail. Miss. Code Ann. § 41-21-67(4). However, there is no corresponding authority for housing respondents to drug and alcohol abuse commitment petitions in a county jail. Hon. Jansen T. Owen December 10, 2021 Page 2 550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 This office has previously opined that there is no indication that the commitment proceedings under Sections 41-21-61 et seq. and 41-30-1 et seq. are in any way interchangeable. MS AG Op., Presley at *1 (Mar. 3, 1994). Additionally, this office has stated that “the legality of detaining respondents to commitment proceedings in jail will depend to a large extent on the facts surrounding each individual case.” MS AG Op., Bustin at *1 (Mar. 11, 1986). While Section 41-31-9 vests the chancellor with the power to enforce writs, including those directed to the sheriff to take an individual into custody and deliver him or her to the director of the proper institution, the sheriff is not authorized to detain the individual in the county jail. The same holds true for Section 41-32-7, which authorizes a chancellor to detain an individual at risk of fleeing the jurisdiction, harming himself, or harming others. However, the authority to detain under Section 41-32-7 pertains only to “a chemical dependency unit, alcohol or drug unit, outpatient house or any other private facility for the treatment of chemically dependent persons” and does not extend to detainment in the county jail. In conclusion, there is no statutory authority to house individuals in need of alcohol and drug treatment in the county jail while they await commitment at either a public or private treatment facility. If this office may be of any further assistance to you, please do not hesitate to contact us. Sincerely, LYNN FITCH, ATTORNEY GENERAL By: /s/ Misty Monroe Misty Monroe Special Assistant Attorney General