| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the period for which a person may be committed to a |
|
|
facility or a jail-based or outpatient program for restoration of |
|
|
competency. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Article 46B.072(b), Code of Criminal Procedure, |
|
|
is amended to read as follows: |
|
|
(b) The court shall order a defendant released on bail under |
|
|
Subsection (a-1) to participate in an outpatient competency |
|
|
restoration program for a period not to exceed 60 [120] days. |
|
|
SECTION 2. Article 46B.073(b), Code of Criminal Procedure, |
|
|
is amended to read as follows: |
|
|
(b) For purposes of further examination and competency |
|
|
restoration services with the specific objective of the defendant |
|
|
attaining competency to stand trial, the court shall commit a |
|
|
defendant described by Subsection (a) to a mental health facility, |
|
|
residential care facility, or jail-based competency restoration |
|
|
program for [the applicable period as follows:
|
|
|
[(1)] a period of not more than 60 days[, if the
|
|
|
defendant is charged with an offense punishable as a misdemeanor;
|
|
|
or
|
|
|
[(2)
a period of not more than 120 days, if the
|
|
|
defendant is charged with an offense punishable as a felony]. |
|
|
SECTION 3. Article 46B.079(d), Code of Criminal Procedure, |
|
|
is amended to read as follows: |
|
|
(d) If the head of the facility or program provider notifies |
|
|
the court that the initial restoration period is about to expire, |
|
|
the notice may contain a request for an extension of the period for |
|
|
an additional period of 30 [60] days and an explanation for the |
|
|
basis of the request. An explanation provided under this |
|
|
subsection must include a description of any evidence indicating a |
|
|
reduction in the severity of the defendant's symptoms or |
|
|
impairment. |
|
|
SECTION 4. Articles 46B.080(a) and (c), Code of Criminal |
|
|
Procedure, are amended to read as follows: |
|
|
(a) On a request of the head of a facility or a program |
|
|
provider that is made under Article 46B.079(d) and notwithstanding |
|
|
any other provision of this subchapter, the court may enter an order |
|
|
extending the initial restoration period for an additional period |
|
|
of 30 [60] days. |
|
|
(c) The court may grant only one 30-day [60-day] extension |
|
|
under this article in connection with the specific offense with |
|
|
which the defendant is charged. |
|
|
SECTION 5. Article 46B.090(l), Code of Criminal Procedure, |
|
|
is amended to read as follows: |
|
|
(l) If the psychiatrist for the provider determines that a |
|
|
defendant ordered to participate in the pilot program has not been |
|
|
restored to competency by the end of the 60th day after the date the |
|
|
defendant began to receive services in the pilot program: |
|
|
(1) for a defendant charged with a felony, the court |
|
|
may: |
|
|
(A) order a single extension under Article |
|
|
46B.080 and the transfer of the defendant [shall be transferred,] |
|
|
without unnecessary delay [and for the remainder of the period
|
|
|
prescribed by Article 46B.073(b),] to the first available facility |
|
|
that is appropriate for that defendant as provided by Article |
|
|
46B.073(c) or (d) for the remainder of the period under the |
|
|
extension; |
|
|
(B) proceed under Subchapter E or F; or |
|
|
(C) release the defendant on bail as permitted |
|
|
under Chapter 17; and |
|
|
(2) for a defendant charged with a misdemeanor, the |
|
|
court may: |
|
|
(A) order a single extension under Article |
|
|
46B.080 and, notwithstanding Articles 46B.073(e) and (f), the |
|
|
transfer of the defendant without unnecessary delay to the |
|
|
appropriate mental health facility or residential care facility as |
|
|
provided by Article 46B.073(d) for the remainder of the period |
|
|
under the extension; |
|
|
(B) proceed under Subchapter E or F; |
|
|
(C) release the defendant on bail as permitted |
|
|
under Chapter 17; or |
|
|
(D) dismiss the charges in accordance with |
|
|
Article 46B.010. |
|
|
SECTION 6. Article 46B.091(j), Code of Criminal Procedure, |
|
|
is amended to read as follows: |
|
|
(j) If the psychiatrist or psychologist for the provider |
|
|
determines that a defendant committed to a program implemented |
|
|
under this article has not been restored to competency by the end of |
|
|
the 60th day after the date the defendant began to receive services |
|
|
in the program: |
|
|
(1) for a defendant charged with a felony, the court |
|
|
may: |
|
|
(A) order a single extension under Article |
|
|
46B.080 and the transfer of the defendant [shall be transferred,] |
|
|
without unnecessary delay [and for the remainder of the period
|
|
|
prescribed by Article 46B.073(b),] to the first available facility |
|
|
that is appropriate for that defendant as provided by Article |
|
|
46B.073(c) or (d) for the remainder of the period under the |
|
|
extension; |
|
|
(B) proceed under Subchapter E or F; or |
|
|
(C) release the defendant on bail as permitted |
|
|
under Chapter 17; and |
|
|
(2) for a defendant charged with a misdemeanor, the |
|
|
court may: |
|
|
(A) order a single extension under Article |
|
|
46B.080 and, notwithstanding Articles 46B.073(e) and (f), the |
|
|
transfer of the defendant without unnecessary delay to the |
|
|
appropriate mental health facility or residential care facility as |
|
|
provided by Article 46B.073(d) for the remainder of the period |
|
|
under the extension; |
|
|
(B) proceed under Subchapter E or F; |
|
|
(C) release the defendant on bail as permitted |
|
|
under Chapter 17; or |
|
|
(D) dismiss the charges in accordance with |
|
|
Article 46B.010. |
|
|
SECTION 7. The changes in law made by this Act apply only to |
|
|
the commitment of a defendant against whom proceedings are |
|
|
initiated under Chapter 46B, Code of Criminal Procedure, as amended |
|
|
by this Act, on or after the effective date of this Act. The |
|
|
commitment of a defendant against whom proceedings are initiated |
|
|
before the effective date of this Act is governed by the law in |
|
|
effect on the date the proceedings were initiated, and the former |
|
|
law is continued in effect for that purpose. |
|
|
SECTION 8. This Act takes effect September 1, 2019. |