The Civil Commitment Process

Before pursuing commitment to a DMH Behavioral Health Program, we strongly encourage you to contact your local Community Mental Health Center to learn about services, supports, and alternatives to the commitment process such as Mobile Crisis Response Teams, Crisis Stabilization Beds, and other services available in the community. Call the DMH Helpline at 1-877-210-8513 for more information about services and supports near you.

In Mississippi, individuals are admitted to state behavioral health programs through commitment – a legal process in which a court orders a person to a hospital for treatment or evaluation. The first step toward helping someone receive inpatient behavioral health services begins with a pre-affidavit screening conducted by the local Community Mental Health Center. If that evaluation results in a recommendation for further treatment, a judge will make a decision based on all the evidence presented as to whether treatment is necessary and, if so, at an inpatient or outpatient program. The documents below can guide you through the commitment process, which will vary slightly based on whether someone is in need of mental health treatment or alcohol and drug addiction services.

Prior to July 1, 2024, the commitment process began by filing an affidavit with your local chancery clerk, who would then issue a writ for the sheriff to take the respondent into custody. As a result of HB 1640 passed by the Mississippi Legislature in 2024, the commitment process now begins with the pre-affidavit screening. This new process puts the person first – it connects someone in need of mental health services with a mental health professional as the first step in the process, before the chancery court or law enforcement becomes involved. DMH believes the pre-affidavit screening process will provide the family, and most importantly, the person in need of services, with community options by making sure they are connected with the local mental health authority first.

You can contact your local Community Mental Health Center or their Mobile Crisis Response Team directly for a pre-affidavit screening. If you are a Community Mental Health Center or another local official, click here for some common questions DMH has received and answered regarding HB 1640’s changes to the commitment process. 

Alcohol and Drug Commitment

The process for alcohol and drug commitment begins with filing an affidavit for civil commitment in the chancery clerk’s office where the person resides or is currently located. While you may pay a filing fee of up to $150, no attorney is required for this process. Click the images or the headings below to view a downloadable PDF that will guide you through the commitment processes for both civil commitment and alcohol and drug commitment.

For alcohol and drug commitments, individuals may be admitted to state treatment programs for alcohol and drug addiction treatment, and judges may also order individuals to private treatment programs for these services. You can find links to the Civil Commitment Affidavit, General Uniform Alcohol and Drug Commitment Affidavit, and the Private Treatment Uniform Alcohol and Drug Commitment Affidavit below.