24 MAC Pt. 2, R. 35.1
Description and Designation
Cite as 24 Miss. Admin. Code Pt. 2, R. 35.1
Description and Designation
A. Designated Mental Health Holding Facilities are facilities utilized to hold people who have
been involuntarily civilly committed and are awaiting transportation and admission to a
treatment facility. Designated Mental Health Holding Facilities provide housing,
maintenance, and medical treatment to people. The facilities must be comprehensive and
available to triage and make appropriate clinical dispositions, including the capability to
access inpatient services or less restrictive alternatives, as needed, as determined by
medical staff. The holding facility can be a county facility or a facility with which the
county contracts.
B. DMH-certified Crisis Stabilization Units are sometimes used to hold people awaiting
admission to a treatment facility, and counties sometimes designate hospitals certified by
the Mississippi State Department of Health and/or which are Joint Commission accredited
as holding facilities.
1. CMHCs, in conjunction with the counties in their catchment area must work with
counties to notify the DMH Division of Certification of their counties’ utilization of
hospitals for this purpose.
2. DMH requires notification of any such hospital’s designation for this purpose,
including documentation pertaining to the hospital’s licensure/accreditation status.
3. Hospitals utilized as holding facilities are exempt from the remaining rules outlined in
this chapter.
C. If a county uses a facility (other than a DMH-certified Crisis Stabilization Unit or an
eligible hospital) as a holding facility, then the facility must be certified by DMH as a
Designated Mental Health Holding Facility.
D. To be certified by DMH as a “Designated Mental Health Holding Facility,” a facility must
apply to DMH for this designation and meet the rules and requirements established for
Designated Mental Health Holding Facilities, as outlined in this chapter. Jails or
correctional facilities may not be used to hold people who are merely awaiting
transportation and admission to treatment and are not otherwise engaged in the criminal
justice system, unless the CMHC has explored and exhausted the availability of other
appropriate facilities, such as the crisis stabilization unit, the local hospital, and any DMH-
certified location; the chancellor specifically authorizes it; and the person is actively
violent. Under these circumstances, no person may remain in a jail for longer than twenty-
four (24) hours unless the CMHC requests an additional twenty-four (24) hours from the
chancellor.
E. If a county holds people awaiting transportation and admission to treatment in a jail or a
correctional facility, then it must be certified by DMH as a Designated Mental Health
Holding Facility. If the jail or correctional facility is certified by DMH as a Designated
Mental Health Holding Facility, then the provisions of 35.1.D do not apply.
F. Designated Mental Health Holding Facilities, other than appropriately licensed hospitals,
will be reviewed by DMH on a schedule as determined by DMH, but no less than
biennially, to monitor for compliance with the Designated Mental Health Holding Facility
rules and requirements.