Mississippi Code
Miss. Code Ann. § 41-21-61 (2026)
Definitions
✓ current as of July 2026
As used in Sections 41-21-61 through 41-21-107, unless the context otherwise requires, the following terms defined have the meanings ascribed to them:
- (a) "Appointed examiner" means a person appointed by the court under Section 41-21-67(2) to conduct a mental and physical examination of a person alleged to be in need of treatment.
- (b) "Chancellor" means a chancellor or a special master in chancery.
- (c) "Clerk" means the clerk of the chancery court.
- (d) "Director" means the chief administrative officer of a treatment facility or other employee designated by him as his deputy.
- (e) "Interested person" means an adult, including, but not limited to, a public official, and the legal guardian, spouse, parent, legal counsel, adult child, next of kin, or other person designated by a proposed patient.
- (f) "Person with mental illness" means any person who has a substantial psychiatric disorder of thought, mood, perception, orientation, or memory which grossly impairs judgment, behavior, capacity to recognize reality, or to reason or understand, which (i) is manifested by instances of grossly disturbed behavior or faulty perceptions; and (ii) poses a substantial likelihood of physical harm to himself or others as demonstrated by (A) a recent attempt or threat to physically harm himself or others, or (B) a failure to provide necessary food, clothing, shelter or medical care for himself, as a result of the impairment. "Person with mental illness" includes a person who, based on treatment history and other applicable psychiatric indicia, is in need of treatment in order to prevent further disability or deterioration which would predictably result in dangerousness to himself or others when his current mental illness limits or negates his ability to make an informed decision to seek or comply with recommended treatment. "Person with mental illness" does not include a person having only one or more of the following conditions:
- (1) epilepsy,
- (2) an intellectual disability,
- (3) brief periods of intoxication caused by alcohol or drugs,
- (4) dependence upon or addiction to any alcohol or drugs, or
- (5) senile dementia.
- (g) "Person with an intellectual disability" means any person (i) who has been diagnosed as having substantial limitations in present functioning, manifested before age eighteen (18), characterized by significantly subaverage intellectual functioning, existing concurrently with related limitations in two (2) or more of the following applicable adaptive skill areas: communication, self-care, home living, social skills, community use, self-direction, health and safety, functional academics, leisure and work, and (ii) whose recent conduct is a result of having an intellectual disability and poses a substantial likelihood of physical harm to himself or others in that there has been (A) a recent attempt or threat to physically harm himself or others, or (B) a failure and inability to provide necessary food, clothing, shelter, safety or medical care for himself.
- (h) "Physician" means any person licensed by the State of Mississippi to practice medicine in any of its branches.
- (i) "Psychologist" means a licensed psychologist who has been certified by the State Board of Psychological Examiners as qualified to perform examinations for the purpose of civil commitment.
- (j) "Treatment facility" means a hospital, community mental health center, or other institution qualified to provide care and treatment for persons with mental illness, persons with an intellectual disability or chemically dependent persons.
- (k) "Substantial likelihood of bodily harm" means that:
- (i) The person has threatened or attempted suicide or to inflict serious bodily harm to himself; or
- (ii) The person has threatened or attempted homicide or other violent behavior; or
- (iii) The person has placed others in reasonable fear of violent behavior and serious physical harm to them; or
- (iv) The person is unable to avoid severe impairment or injury from specific risks; and
- (v) There is substantial likelihood that serious harm will occur unless the person is placed under emergency treatment.
Laws, 1975, ch. 492, § 1; Laws, 1976, ch. 401, § 2; Laws, 1984, ch. 477, § 1; Laws, 1985, ch. 454, § 1; Laws, 1994, ch. 533, § 1; Laws, 1994, ch. 599, § 1; Laws, 2010, ch. 476, § 58; Laws, 2010, ch. 548, § 1, eff. 7/1/2010.
Amended by Laws, 2019, ch. 468, SB 2328,§ 3, eff. 7/1/2019.
Notes of Decisions
Cited in 24
cases (2 in the last 5 years), 1981–2023 · leading case: Heller v. Doe Ex Rel. Doe, 509 U.S. 312 (1993).
Heller v. Doe Ex Rel. Doe, 509 U.S. 312 (1993). “(1992) (mental retardation and mental illness); Miss. Code Ann. § 41-21-61 et seq. (Supp.”
McCorkle v. McCorkle, 811 So. 2d 258 (Miss. Ct. App. 2001). “The court acknowledged that though Mack's c-file indicated that Mack *268 had exhibited abnormal behavior in his childhood, that Donald's claims were too remote to be admissible, relying upon Miss.Code Ann. § 41-21-61(e)(Rev.1993). In the context of the facts in this case, that…”
Branch v. State, 882 So. 2d 36 (Miss. 2004). “2001), dealing with commitments, which states in part: (f) "Mentally retarded person" means any person (i) who has been diagnosed as having substantial limitations in present functioning, manifested before age eighteen (18), characterized by significantly subaverage intellectual…”
Russell v. State, 849 So. 2d 95 (Miss. 2003). “The definition of mental retardation provided in Atkins is similar to that adopted by the Legislature in Miss.Code Ann. § 41-21-61(f) (2001), dealing with commitments, which states in part: (f) "Mentally retarded person" means any person (i) who has been diagnosed as having…”
United States v. Christopher Perkins, 67 F.4th 583 (4th Cir. 2023). “”); Miss. Code Ann. § 41-21-61 (f) (West 2022) (“‘Person with mental illness’ means any person who has a substantial psychiatric disorder .”
Lee v. Alexander, 607 So. 2d 30 (Miss. 1992). “" According to Lee, her hospitalization was prohibited by law under Miss. Code Ann. § 41-21-61 , et. seq. Lee contends that she was in fact committed against her will and that since the procedure for commitment was not followed, her detention was unlawful.”
Goodin v. State, 856 So. 2d 267 (Miss. 2003). “The Legislature adopted the following standard in Miss.Code Ann. § 41-21-61(f) (Rev.2001), dealing with commitments, which states in part: *277 (f) "Mentally retarded person" means any person (i) who has been diagnosed as having substantial limitations in present functioning,…”
The Mississippi Dep't of Mental Health v. Lamar Cnty., Mississippi, 250 So. 3d 1248 (Miss. 2018). “Miss. Code Ann. § 41-21-61 (i) (Rev. 2013).”
People v. Stevens, 761 P.2d 768 (Colo. 1988). “13 (1986) (poses a substantial likelihood of harm); Miss.Code Ann. § 41-21-61(e) (Supp.1987); Mo.”
Chill v. Miss. Hosp. Reimbursement Com'n, 429 So. 2d 574 (Miss. 1983). “See Miss. Code Ann. §§ 41-21-61 et seq. (1972), as amended.”
Chancery Clerk of Chickasaw Cnty., Mississippi v. Robert Wallace, 646 F.2d 151 (5th Cir. 1981). “The challenged procedures are prescribed in Miss.Code Ann. §§ 41-21-61 et seq., (Supp.”
Gammage v. State, 510 So. 2d 802 (Miss. 1987). “If neither of those conditions occurs within a reasonable period of time the judge should order that civil proceedings be instituted as provided in Miss. Code Ann. §§ 41-21-61 to XX-XX-XXX (Supp.”
Miss. Code Ann. § 41-21-61(e): 5 cases
McCorkle v. McCorkle, 811 So. 2d 258 (Miss. Ct. App. 2001). “The court acknowledged that though Mack's c-file indicated that Mack *268 had exhibited abnormal behavior in his childhood, that Donald's claims were too remote to be admissible, relying upon Miss.Code Ann. § 41-21-61(e)(Rev.1993). In the context of the facts in this case, that…”
People v. Stevens, 761 P.2d 768 (Colo. 1988). “13 (1986) (poses a substantial likelihood of harm); Miss.Code Ann. § 41-21-61(e) (Supp.1987); Mo.”
Rusty Holloway v. Lamar Cnty., 680 F. App'x 282 (5th Cir. 2017).
State v. Ehrlich, 26 P.3d 481 (Ariz. 2001).
In Re Leon G., 26 P.3d 481 (Ariz. 2001).
Miss. Code Ann. § 41-21-61(f): 5 cases
Branch v. State, 882 So. 2d 36 (Miss. 2004). “2001), dealing with commitments, which states in part: (f) "Mentally retarded person" means any person (i) who has been diagnosed as having substantial limitations in present functioning, manifested before age eighteen (18), characterized by significantly subaverage intellectual…”
Russell v. State, 849 So. 2d 95 (Miss. 2003). “The definition of mental retardation provided in Atkins is similar to that adopted by the Legislature in Miss.Code Ann. § 41-21-61(f) (2001), dealing with commitments, which states in part: (f) "Mentally retarded person" means any person (i) who has been diagnosed as having…”
Goodin v. State, 856 So. 2d 267 (Miss. 2003). “The Legislature adopted the following standard in Miss.Code Ann. § 41-21-61(f) (Rev.2001), dealing with commitments, which states in part: *277 (f) "Mentally retarded person" means any person (i) who has been diagnosed as having substantial limitations in present functioning,…”
Branch v. State, 961 So. 2d 659 (Miss. 2007).
Branch v. State, 882 So. 2d 36 (Miss. 2004).
Miss. Code Ann. § 41-21-61(i): 1 case
In re Bauman, 878 So. 2d 1033 (Miss. Ct. App. 2004).
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