Relatives sue over 11-year jailing of mentally ill man
one of 15 beds at the Mississippi State Hospital at Whitfield, where they will be evaluated.
Then, if they’re judged mentally ill, they have to later return to the hospital while psychiatrists try to restore their competency to stand trial. Such patients stay about 10 months on average; some stay for years.
Harris went through all of those steps, was declared incompetent, but remained in jail, in part because the district attorney at the time was arguing that Harris’ condition had improved and the incompetence ruling should be reversed.
New District Attorney Scott Colom moved to dismiss the case before a judge ruled on his predecessor’s request.
Complicating matters further is a Mississippi law that precludes criminal court judges from committing mentally ill people. Such an action must be taken by a non-criminal court judge.
Both this year and last, some legislators unsuccessfully proposed amending state law to expressly say chancery court judges could take over cases in which criminal charges are pending against a mentally ill person and order their commitment.
Even without the amendment, some judges already hand off cases from criminal to civil proceedings, citing state a precedent established by the state Supreme Court.