Miss. Code § 41-21-71

Current through 6/1/2024
Section 41-21-71 - [Effective 7/1/2024] Procedure after examination; release or confinement pending hearing

If, as a result of the examination, the appointed examiners certify that the person is not in need of treatment, the chancellor , clerk or circuit judge as applicable shall dismiss the affidavit without the need for a further hearing. Except as otherwise provided in Section 41-21-63, if the chancellor or chancery clerk finds, based upon the appointed examiners' certificates and any other relevant evidence, that the respondent is in need of treatment and the certificates are filed with the chancery clerk within forty-eight (48) hours after the order for examination, or extension of that time as provided in Section 41-21-69, the clerk shall immediately set the matter for a hearing. The hearing shall be set within three (3) days of the filing of the certificates unless an extension is requested by the respondent's attorney. In no event shall the hearing be more than five (5) days after the filing of the certificates, unless the court orders to extend the hearing date, which shall not exceed five (5) additional days.

Miss. Code § 41-21-71

Laws, 1975, ch. 492, § 3(6, 7); Laws, 1976, ch. 401, § 4; Laws, 1984, ch. 477, § 6; Laws, 2008, ch. 513, § 3; Laws, 2010, ch. 398, § 5, eff. 7/1/2010.
Amended by Laws, 2024, ch. (number not assigned at time of publication), HB 1640,§ 6, eff. 7/1/2024.
Amended by Laws, 2024, ch. (number not assigned at time of publication), HB 1088,§ 5, eff. 7/1/2024.
Amended by Laws, 2019, ch. 468, SB 2328,§ 8, eff. 7/1/2019.
This section is set out more than once due to postponed, multiple, or conflicting amendments.