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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration of medication to certain persons in |
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the custody of a sheriff. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 46B.0825, Code of Criminal Procedure, is |
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amended by adding Subsection (a-1) and amending Subsection (b) to |
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read as follows: |
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(a-1) If a defendant described by Subsection (a) is being |
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treated with a psychotropic medication at the time the defendant is |
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discharged from the facility and transferred into the sheriff's |
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custody, the sheriff or sheriff's deputy shall ensure that |
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administration of the medication continues unless directed |
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otherwise by the physician for the jail. The jail physician must |
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appropriately document the need for any discontinuation or other |
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change in the use or amount of medication after consulting with the |
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physician who treated the defendant at the facility to ensure that |
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the change does not adversely affect the defendant's mental health |
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or ability to continue with court proceedings. |
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(b) To the extent funds are appropriated for that purpose, a |
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sheriff is entitled to reimbursement from the state for providing |
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the medication required by this article [Subsection (a)]. |
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SECTION 2. Section 511.009(d), Government Code, is amended |
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to read as follows: |
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(d) The commission shall adopt reasonable rules and |
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procedures establishing minimum standards regarding the continuity |
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of prescription medications for the care and treatment of |
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prisoners. The rules and procedures shall require that: |
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(1) a qualified medical professional shall review as |
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soon as possible any prescription medication a prisoner is taking |
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when the prisoner is taken into custody; and |
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(2) a prisoner with a mental illness be provided with |
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each prescription medication that a qualified medical professional |
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or mental health professional determines is necessary for the care, |
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treatment, or stabilization of the prisoner. |
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SECTION 3. Article 46B.0825(c), Code of Criminal Procedure, |
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is repealed. |
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SECTION 4. Not later than December 1, 2021, the Commission |
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on Jail Standards shall adopt the rules and procedures required by |
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Section 511.009(d), Government Code, as amended by this Act. |
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SECTION 5. This Act takes effect September 1, 2021. |