99-13-5 - Disposition of an accused who grand jury has found to be insane or a person with mental retardation.
§ 99-13-5. Disposition of an accused who grand jury has found to be insane or a person with mental retardation.
When any person is held in prison or on bail, charged with an offense, and the grand jury does not find a true bill for reason of insanity of the accused or for reason of the mental retardation of the accused, which they judge to be such that he or she was not responsible for his acts or omissions at the time when the act or omission charged was committed or made, the grand jury shall certify the fact to the circuit court and shall state whether or not the insane person or person with mental retardation is a danger to the security of persons and property and the peace and safety of the community, and if the grand jury reports that insanity or mental retardation and that danger, the court shall immediately give notice of the case to the chancellor or to the clerk of the chancery court, whose duty it shall be to proceed with the insane person and his estate or the person with mental retardation according to the law provided in the case of persons of unsound mind or persons with mental retardation.
Sources: Codes, 1871, § 2878; 1880, § 3140; 1892, § 1467; 1906, § 1539; Hemingway's 1917, § 1301; Hemingway's 1921 Supp, § 5728x; 1930, §§ 1326, 7287; 1942, §§ 2574, 6777; Laws, 1920, ch. 210; Laws, 2008, ch. 442, § 36, eff from and after July 1, 2008.