Jackson Free Press

The Mississippi House of Representatives voted to add domestic abuse as grounds for divorce this afternoon when Rep. Andy Gipson, R-Braxton, brought out an amendment to Senate Bill 2680, which clarifies that abused and neglected children can be placed with their relatives when they are removed from their homes.

Gipson's amendment clarifies that "cruel and inhuman treatment" in the state's grounds for divorce law includes both physical and non-physical abusive conduct as a ground for divorce. The amendment thoroughly defines both types of conduct as well as outlines standards of proof that a spouse would need to make.

The amendment would allow the injured spouse's testimony to meet the burden of proof to divorce their partner. The House passed Senate Bill 2680 with the new amendments unanimously. Now the Senate will have to concur with those amendments or invite conference on the bill to keep it alive.

Last week, lawmakers and citizens alike criticized Rep. Gipson for killing Sen. Sally Doty's, R-Brookhaven, bill to clarify that domestic abuse could be grounds for divorce. Gipson initially said that domestic abuse was already included in the state's divorce grounds that says "habitual cruel and inhuman treatment" is a ground for divorce. Days after killing the bill, Gipson announced on Facebook and Twitter that he was working with the Center for Violence Prevention to come up with the "House plan for this issue." Today, before bringing up the new amendment for a vote, Rep. Gipson introduced representatives from the Center for Violence Prevention to the House.

Gov. Phil Bryant created a task force today to address drug abuse in the state, specifically for the abuse of opioids and heroin.

Opioid abuse is up nationally and has been for the past two decades. Opioids include prescription pain killers, some nervous system depressants and some stimulant drugs, according to the National Institute on Drug Abuse.

Gov. Bryant's proclamation claims that Mississippi is one of the leading prescribers for opioids. The governor will appoint voluntary members to the task force, but the proclamation does not specify a date when the task force will meet or for how long.

The Centers for Disease Controls tracks overdose related deaths, and from 2013 to 2014, the state saw a slight increase, from 316 deaths in 2013 to 366 in 2014. That number is not specific to opioid-related overdoses, however.

Below is an open letter from the Mississippi Religious Leadership Conference reproduced in full:

An Open Letter to All Mississippians and Our Leaders

We, the undersigned religious leaders, educators, community leaders, and citizens of Mississippi, hereby express our alarm at the increase in hate crimes and acts of abuse against Muslims and other minorities in Mississippi and across the United States.

We know that “injustice anywhere is a threat to justice everywhere,” and we will not be silent and allow hatred against fellow Mississippians to go unnoticed and unchecked. We will not accept as normal the increasing violence in speech, action, and policies against our neighbors.

We call out our politicians and civic leaders, asking them to condemn as we do the toleration of abusive speech of political leaders against Muslims, women, and others. Such words and actions inflame and justify hatred, are counter to the Constitution, and will always harm the fabric of our democracy.

We know that some of our neighbors, tragically some of them children, Muslims and other religious minorities, have experienced abuse that creates fear and anxiety about their personal safety and acceptance in the United States. Those fears are justified based on the words and actions of politicians and their supporters, and these hurtful actions are documented by reputable sources such as the FBI.

We will stand with you, whether you are a Muslim, African-American, immigrant, ethnic minority, LGBTQ person, woman, Mexican, disabled person, or anyone who has felt threatened by recent events in the United States. We want you to know that we will support you and uphold your rights and human dignity. We open our hearts and arms to help you.

We believe and advocate for "liberty and justice for all," equally and without bias.

We will not be silent. We will not close our eyes.

In Faith,

The Mississippi Religious Leadership Conference (www.msrlc.org/)

The following organizations* have endorsed this letter:

 Beth Israel Congregation, Jackson

 International Museum of Muslim Cultures

 Jackson Board of Rabbis

 League of Women Voters of Jackson

 Masjid Muhammed

 Millsaps Jewish Culture Organization/Hillel

 Millsaps Religious Studies Department

 Millsaps Secular Society

 Millsaps Religious Studies Club

 Mississippi Black Methodists for Church Renewal

 Mississippi Center for Justice

 Mississippi Human Services Coalition

 Mississippi Low Income Childcare Initiative

 Mississippi Muslim Association

 Moor Community House

 Steps Coalition

 Temple B'nai Israel, Tupelo

 The Baha'i Jackson Cluster

 Tougaloo College Center for International Studies and Global Change

 Unitarian Universalist Church of Jackson

*We are continuing to collect even more signatories from

the state of Mississippi.

Gov. Phil Bryant has filled both Mississippi Supreme Court vacancies, following the departure of Justices Randy Pierce and David Chandler. Former District 1 Court of Appeals Judge James Maxwell and tenth district chancellor Dawn Beam will join the state's highest court in the new year.

Chief Justice Bill Waller Jr. said in statement that Judge Maxwell's "energy and experience will serve the court and the citizens of the state well.” Waller expressed enthusiasm at Beam's arrival to the court. In a statement, he said Judge Beam has continued to go above standards in helping her court's district convert to an all electronic filing system. Beyond clerical duties, Waller said Beam "has tirelessly worked to resolve issues regarding placement and supervision of abused and neglected children.”

Judge Beam has been involved with her district's work to guarantee safe homes for all children and recently spoke at a community meeting in December praising the local Department of Human Services workers in Marion County for the changes they've made in their office--including upping personnel numbers. The increased personnel led to 160 children being removed from their homes due to court orders that cited deplorable living conditions or drug abuse at home.

Judge Maxwell was appointed to the district court by former Gov. Haley Barbour in 2009 and re-elected in 2014. He practiced civil law in Jackson and worked as an assistant U.S. attorney in the northern district of Mississippi.

The 5th U.S. Circuit Court of Appeals has dismissed the Google lawsuit against Attorney General Jim Hood.

The 5th Circuit struck down a lower court's injunction that prevented Attorney General Jim Hood from enforcing the administrative subpoena or bringing any civil or criminal action against Google “for making accessible third-party content to internet users.” The 5th Circuit said that Google's case against Hood should be remanded to the lower court and dismissed as well as the preliminary injunction removed.

The Court did not rule on the merits of Hood's subpoena, which sought "sought information on Google’s platforms, advertising practices, and knowledge of and efforts to police 'dangerous' or 'illegal' content such as prescription or illicit drug sales, drug abuse, credit card leaks, fraudulent identification documents, human trafficking, and copyright infringement."

AG Hood will hold a press conference today at 1:30 p.m. to discuss the lawsuit.

The state admitted that it has not met court-order requirements in a 7-year-old lawsuit, Olivia Y v. Bryant, intended to change the state's foster care system. Gov. Bryant has agreed to hire an Executive Director of the Department of Family and Children's Services, which will soon become a cabinet-level position. Additionally, a group will be hired to consult with the state over the next four months and recommend changes necessary to protect Mississippi children going forward. Bryant has also agreed to call a special session of the legislature if the recommendations require legislative changes.

The press release from A Better Childhood, an advocacy organization that works on behalf of abused and neglected children, has been re-printed below in full:

Facing an evidentiary hearing for contempt scheduled to begin in federal court on August 10, the state has conceded that it has not met court-ordered requirements in the 7-year-old lawsuit, Olivia Y v. Bryant, intended to reform the state’s foster care system.

In an Agreed Order submitted to Judge Tom Lee on July 21, the state agreed with factual charges made against it in reports submitted by the court-appointed monitor. In the Order, the parties also agreed on steps that will determine whether the plaintiffs will continue to seek a receivership, this time based on specific recommendations from a neutral consulting group, or whether the state can and will make the changes necessary to finally reform the Mississippi foster care system.

The plaintiffs in the lawsuit, who are all of the children in foster care in the state, had asked the court to find the state in contempt of the court orders for reform, and to appoint a receiver to take over the administration of the state’s foster care system. The state’s admission of non-compliance resolves the first part of the contempt motion. The order submitted to the court today directs the employment of an expert group to make recommendations to achieve compliance, and leaves open the question whether a receiver will be required to administer the state’s foster care system.

The lawsuit was filed in 2004, asserting widespread violations of children’s constitutional rights in the foster care system. Although the case was settled in 2008, the state has never been in compliance with the terms of the settlement.

This is the second contempt motion filed in the case. After the first motion, a new settlement agreement was approved by the Court, but failed to produce necessary results.

“It was clear to us, given the state’s history in implementing these court orders, that the state simply lacks the capacity or the will to run a child welfare system that protects the children of Mississippi,” said Marcia Robinson Lowry, executive director of A Better Childhood, a national advocacy organization that works on behalf of abused and neglected children. “We have asked the federal court to appoint a receiver to take over the system. However, we think the appointment of a well-qualified expert group to make specific recommendations is an important step …

The Mississippi Department of Corrections plans to use the former Walnut Grove Correctional Facility site for other purposes, like alternative or re-entry programs, a press release from the department says.

Commissioner Marshall Fisher has mentioned the mental health of inmates as a pressing concern in his department at government working group meetings this month and MDOC has formed a partnership with the Mississippi Department of Mental Health.

“We do not intend for the Walnut Grove site to go unused,” Fisher said in the press release. “Just as we have formed a partnership with the Mississippi Department of Mental Health to assist us in supervising mentally ill inmates both inside and outside prison, we are strongly pursuing other ways to help inmates re-enter their communities in a meaningful way and remain out of prison.”

MDOC is refocusing its resources on rehabilitation, a press release from the department says. There are 3,194 inmates reported to have mental health diagnoses and about 15,000 reporting substance abuse, including drug and alcohol use.

The former prison could be used as a technical violation center, which was created under the comprehensive criminal justice reform legislation in 2014 as an alternative to incarceration. MDOC currently operates three such centers in Rankin, Leflore, and Simpson counties.

Walnut Grove closed late last week when MDOC moved the last prisoners to the state-run facilities. MDOC announced the closure on June 10, before the U.S. Bureau of Prisons announced that it would be phasing out its use of private prisons.

“MDOC’s decision to close Walnut Grove is in no way connected to the U.S. Department of Justice’s decision nor is the closure the result of any advocacy group’s ‘victory’,” Fisher said in the press release. “When the prison closed, significant improvements had been made under Management & Training Corporation, and juvenile offenders were no longer being housed there. We believe enough significant improvements had been made that the consent decree providing oversight was no longer needed.”

On Thursday, Republican and Democratic U.S. representatives introduced the "Supporting Youth Opportunity and Preventing Delinquency Act," in the U.S. House of Representatives. House Bill 5963 would update the Juvenile Justice and Delinquency Prevention Act of 1974, adding new language to encourage states, cities and reservations to utilize evidence-based programs that are "trauma informed" to help address juvenile crime in the country.

The bill lists several evidence-based programs "including delinquency prevention, intervention, mental health, behavioral health and substance abuse treatment, family services, and services for children exposed to violence." The bill would also change the definition of an "adult inmate" so it would not include a person who "at the time of the time of the offense, was younger than the maximum age at which a youth can be held in a juvenile facility under applicable State law."

House Bill 5963 would also require much more data collection on juvenile offenders than is currently required now. It would require the Administrator of the Office of Juvenile Justice and Delinquency Prevention to collect data on state and localities' use of restraint and seclusion, the number of juveniles released from custody and the type of living arrangements to which they were released, the number of juveniles whose offense originated on school grounds and the number of juveniles who are pregnant but in secure detention.

In a press release from the Education and Workforce Committee Democrats, principal author of the bill Rep. Carlos Curbelo (R-FL) said that the purpose of the bill was to help children born into circumstances outside of their control a better path forward.

"These bipartisan reforms will deliver state and local leaders the tools they need to help the most vulnerable kids in their communities put the past behind them and work toward a brighter future," Curbelo said in the press release. "I want to thank Ranking Member (Bobby) Scott (D-VA) for all he has done to move this issue forward and for working together to deliver these bipartisan reforms.”

Mississippi received a $647,461 federal grant aimed at reducing recidivism by addressing untreated co-occurring substance use and mental health disorders in offenders under community supervision.

The Departments of Corrections and Mental Health will partner up to administer the program. The Second Chance Act Reentry Program for Adults with Co-Occurring Substance Use and Mental Disorders will start on Oct. 1 and run for three years.

“Our state is in dire need of programs that can offer ex-offenders a full continuum of integrated care that will improve their functioning and outcomes when they return to their communities,” MDOC Commissioner Marshall Fisher said in a press release. “Therefore, when the Department of Mental Health approached me about supporting its efforts to get this grant, I didn’t hesitate.”

There are 3,194 inmates receiving ongoing mental health treatment and about 15,000 have self-reported abusing alcohol and drugs, a press release from both departments said.

“We believe individuals with co-occurring mental illness and substance use disorders represent a group of people who have been under-identified and may have had difficulties accessing the services they need,” DMH Executive Director Diana Mikula said in a press release. “The Mississippi Second Chance Act Reentry Program will work to identify these needs and get people the services that can help them begin their recovery process.”

The grant allows the two departments to improve identification of inmates with co-occurring substance use and mental health disorders, provide training to staff, integrate individualized treatment plans and track participant outcomes.

The departments will use mental health assessments to determine individuals’ needs and collaborate to develop re-entry plans, including pre- and post-release treatment. Those treatment services will include cognitive-behavioral therapy, crisis intervention, and recovery support services such as housing, vocational, and educational services.

The program will start focusing on non-violent offenders returning to Hinds County. Current plans are to serve 90 individuals during the three-year pilot program in order to develop a program model that can be replicated statewide with the receipt of additional federal grant funding, the press release says. The program will require people under community supervision to participate in a minimum number of intensive outpatient therapeutic hours, based on their individual recidivism risk level.

“Through our collaboration with the Department of Corrections, we know there are a number of eligible individuals right here in Hinds County,” Mikula said in the press release. “We will be collaborating and using existing resources in the state mental health system to get these Mississippians the treatment and support services they need. I know that with all of us working together, we can create a better tomorrow for the people of our state.”

Community stakeholders sent a letter to lawmakers on the Health Budget Review Committee asking them to take several steps in working to reform the state's mental healthcare system and focus more community-based mental healthcare.

The letter is reproduced in full below:

Dear Members of the Legislative Mental Health Tax and Budget Review Committee:

We, the undersigned stakeholders, appreciate the concern you have shown by your close examination of the state's mental health budget. But we fear that you and the legislature are ignoring a much more fundamental and dire issue, and what is actually the real problem: Our State's mental health system is antiquated and costly, both in dollars but even more in human lives.

Because our system overly relies on expensive institutional care in state hospitals and other long term care facilities, Mississippi has not developed to scale the types of services in the community that we know will most help people. As a result, many people are torn away from their families and communities. That is unfair to them and violates their basic civil rights. It also deprives us of benefiting from their presence and their contributions. And perhaps most importantly in your examination of the mental health budget, this over reliance on institutional care is why Mississippi is being sued by the Justice Department. In fact, the DOJ has actively promoted community-based services as a means of preventing the needless isolated institutionalization of people with mental illness.

With early and effective intervention, almost all adults and children with mental illnesses can and want to be part of their families, meaningfully contribute to their communities, and work and/or go to school, outside of institutions. It is alarming to us that your budget discussions have started with the assumption that mental health care is best delivered through institutions. That assumption is not true. It is also harmful. You as legislators are in a unique position to transform our mental health system and bring it into the 21st century.

These are some steps that we strongly urge you to take:

• Meet directly with your constituents with mental illness and their families and ask them about their experiences with the mental health system and what would help them live productive lives. We encourage you to hold public hearings throughout the state.

• Visit the Community Mental Health Centers and mental health nonprofits in your district and find out what support they need to deliver these kinds of services. Find out how effectively the money you appropriated is being spent and what support mental health centers need to maximize the impact of the funds.

• Reach out to your counterparts in other states that have transitioned to an effective community-based system to learn how they did it. New Hampshire, Delaware and Georgia are recent examples.

• Partner with the consumer and family organizations that represent people with mental illness. They can and are willing to provide you data, help you gather feedback and …