BILL ANALYSIS |
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H.B. 5465 |
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By: Moody |
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Criminal Jurisprudence |
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Committee Report (Unamended) |
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BACKGROUND AND PURPOSE
The bill author has informed the committee that the Texas Judicial Commission on Mental Health has made recommendations regarding procedures for persons who are or may be persons with a mental illness or intellectual or developmental disability interacting with the criminal justice system. H.B. 5465 seeks to implement these recommendations by expanding existing mental health and substance abuse diversion options for law enforcement agencies and requiring agencies to develop a formal policy on their use, by revising how mental incapacity is addressed in justice and municipal courts, and by revising how competency is addressed in county and district courts, including competency restoration and release on bail of a defendant.
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CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
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RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
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ANALYSIS
H.B. 5465 amends the Code of Criminal Procedure, Government Code, and Health and Safety Code to revise and set out new procedures regarding certain persons who are or may be persons with a mental illness or intellectual or developmental disability.
Diversion of Person Suffering Mental Health Crisis or Substance Abuse Issue
H.B. 5465 revises the requirement for a law enforcement agency to make a good faith effort to divert a person suffering a mental health crisis or suffering from the effects of substance abuse to a proper treatment center in the agency's jurisdiction under certain conditions, as follows: · removes the condition on the requirement that there be an available and appropriate treatment center in the agency's jurisdiction; · replaces the location to which the agency must divert the person from a proper treatment center in the agency's jurisdiction to a facility or program where the person can receive treatment or services for the person's mental health crisis or substance abuse issue; · specifies that, for purposes of the condition that the diversion is reasonable, the diversion must be reasonable under the circumstances; and · specifies that the requirement applies to each local law enforcement agency. The bill requires each local law enforcement agency to adopt a plan for diverting a person suffering a mental health crisis or suffering from the effects of substance abuse in accordance with that requirement and to submit an annual report on the plan, including any changes to the plan, to the governing body of each county or municipality served by the agency and the Texas Commission on Law Enforcement. The bill requires each local law enforcement agency in Texas to submit the initial report not later than January 1, 2026.
Dismissal Based on Defendant's Lack of Capacity
H.B. 5465 requires a justice or judge, on motion by the state, the defendant, or a person standing in parental relation to the defendant or on the court's own motion, to determine whether probable cause exists to believe that a defendant, including a defendant who is a child defined by reference to statutory provisions governing cases involving juveniles or a defendant with a mental illness or intellectual or developmental disability, lacks the capacity to understand the proceedings in criminal court or to assist in the defendant's own defense and is unfit to proceed. The bill authorizes the justice or justice who determines that probable cause exists for such a finding, after providing notice to the state, to dismiss the complaint. The bill establishes that the dismissal may be appealed as provided by statutory provisions governing justice and municipal courts.
Expert's Report Determining Competency to Stand Trial
With respect to the required contents of an expert's report on a defendant's competency or incompetency to stand trial, H.B. 5465 specifies that the time period in which the expert must state whether the defendant is likely to be restored to competency is the initial restoration period authorized under applicable state law, including any possible extension.
Procedures After Determination of Incompetency
Current law requires a court to proceed if a defendant is found incompetent to stand trial and provides options that a court may take with respect to such a defendant, depending on the offense with which the defendant is charged. H.B. 5465 conditions that requirement to proceed on the court's determination that the defendant is likely to be restored to competency in the restoration period under those procedures, including any possible extension. With respect to the options a court may take, the bill makes the following revisions:
Accordingly, the bill extends the applicability of provisions governing the mandatory release on bail and participation in an outpatient competency restoration program of a defendant charged with an offense punishable as a Class B misdemeanor and found incompetent to stand trial, subject to certain conditions, to a defendant charged with an offense punishable as a Class A misdemeanor that did not result in bodily injury to another person and who has not been convicted in the preceding two years of an offense that did result in bodily injury and found incompetent to stand trial, subject to those same conditions. The bill also removes the mandatory release or continuance of release on bail of a defendant charged with any offense punishable as a Class A misdemeanor and found incompetent to stand trial, subject to certain conditions, and instead subjects a defendant who is charged with an offense punishable as a Class A misdemeanor that resulted in bodily injury to another person or a defendant who is charged with an offense punishable as a Class A misdemeanor that did not result in bodily injury but who has been convicted in the preceding two years of an offense that did result in bodily injury to provisions governing the discretionary release or continuance of release on bail for a defendant charged with an offense punishable as a felony and found incompetent to stand trial.
Furthermore, H.B. 5465 repeals the following Code of Criminal Procedure provisions: · the requirement for a court that determines a defendant is incompetent to stand trial and is unlikely to be restored to competency in the foreseeable future to proceed to the civil commitment process or to release the defendant on bail; · requirements for a court to enter an order committing for competency restoration services to a facility designated by HHSC a defendant charged with an applicable violent offense or whose indictment alleges an affirmative finding regarding the use or exhibition of a deadly weapon or that such weapon was a firearm or to enter an order committing a defendant who does not satisfy those conditions to a mental health facility or residential care facility or to jail-based competency restoration; and · the provision limiting the commitment of a defendant charged with an offense punishable as a Class B misdemeanor to a jail-based competency restoration program and the exception to that provision under which such a defendant may be committed to a mental health facility or residential care facility.
Time Period in Which Defendant Is Likely to Be Restored to Competency
H.B. 5465 specifies that the time period in which an applicable facility, jail-based competency program, or outpatient competency restoration program must assess and evaluate whether a defendant is likely to be restored to competency is the initial restoration period authorized under applicable state law, including any possible extension. Accordingly, the bill revises the notice that the head of such a facility or such a program provider must promptly provide to reflect that time period in which the defendant is not likely to attain competency.
Determination of Competency to Stand Trial After Defendant's Return to Court
H.B. 5465 conditions the requirement for a court to make a determination with regard to a defendant's competency to stand trial following the defendant's return to court within a specified deadline on neither party objecting to the findings of the most recent report by the head of the applicable facility or program provider within the 15-day period after the court received applicable notice. The bill revises the requirement for the court to set the issue for a hearing if a party makes such an objection, as follows: · requires the court, on such an objection and the party raising a suggestion that the defendant may no longer be competent to stand trial, to determine by informal inquiry not later than the fifth day after the date of the objection whether there exists any evidence from a credible source that the defendant may no longer be competent; · requires the court, if after an informal inquiry, it determines that evidence from a credible source exists to support a finding of incompetency, to order a further examination under state law by an expert to determine whether the defendant is incompetent; and · conditions the requirement to set the issue for a hearing on the receipt of the expert's report and further requires the hearing to take place not later than the 10th day after such receipt by the court.
Raising Issue of Incompetency When Criminal Proceedings Are Not Timely Resumed
H.B. 5465 requires a court, if it has found the defendant competent to stand trial as required by state law, but the criminal proceedings against the defendant were not resumed within the period prescribed by state law, on motion of either party suggesting that the defendant may no longer be competent to stand trial, to follow the procedures provided by general provisions relating to incompetency to stand trial and provisions relating to competency examinations, except any subsequent court orders for treatment must be issued under provisions governing the civil commitments process. However, if following the end of the period prescribed by state law, the court suspects that the defendant may no longer be competent to stand trial, the court may make that suggestion on its own motion.
Court-Ordered Medications
With respect to the conditions under which provisions relating to court-ordered medications apply to a defendant who is determined to be incompetent to stand trial, H.B. 5465 replaces the condition that a correctional facility or jail-based competency restoration program that employs or contracts with a licensed psychiatrist prepare a continuity of care plan that requires the defendant to take psychoactive medications with a condition that the program that employs or contracts with a primary care provider to provide mental health services prepare such a continuity of care plan. The bill revises the condition under which the court may issue an order for a defendant to take psychoactive medications by replacing the condition that the order be supported by the testimony of two physicians, one of whom is the physician at or with the applicable facility or program and another who is not otherwise involved in proceedings against the defendant with a condition that the order instead be supported by the primary case provider at or with the applicable facility or program. The bill defines "primary care provider" as a health care professional, including a physician, advanced practice registered nurse, or physician assistant licensed in Texas.
Jail-Based Competency Restoration Program
H.B. 5465 revises the requirements for a jail-based competency restoration program, as follows: · clarifies that the requirements apply to the provider of such a program; · removes the requirement that the program provide jail-based competency restoration services through the use of a multidisciplinary treatment team that are similar to other competency restoration programs; · specifies that the purpose for which the program provider must employ or contract for the services of at least one psychiatrist is to oversee a defendant's medication management; and · specifies that the coordination that the program provider must ensure is with the jail's behavioral health provider regarding a defendant's treatment plan. The bill establishes that the psychiatrist or psychologist performing an evaluation of the defendant's competency is not required to be appointed by the court as a disinterested expert. The bill specifies the time period in which a defendant is determined by a psychiatrist or psychologist as unlikely to be restored to competency is the initial restoration period authorized under applicable state law, including any possible extension, for purposes of requirements for the psychiatrist or psychologist to promptly issue and send a report demonstrating that fact and the court's required action to either proceed to transfer the defendant to an applicable facility or release the defendant on bail.
H.B. 5465 revises the requirement for the program provider to continue to provide competency restoration services to the defendant for the initial restoration period, including any extension, as follows: · changes the condition that triggers the requirement from the psychiatrist or psychologist for the provider determining that a defendant committed to a 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 program to the program provider believing that a defendant, based on a review of the defendant's progress toward achieving competency, has not been restored to competency by that deadline; and · includes among the conditions under which the program provider is excepted from the requirement the program provider's belief that the defendant is clinically ready and can be safely transferred to an outpatient competency restoration program. If the program provider believes that the defendant is clinically ready and can safely be transferred to an outpatient competency restoration program, the provider must promptly notify the court to allow the court to evaluate whether to order the transfer. The bill also authorizes a court to proceed with the civil commitment process or release the defendant on bail for a defendant charged with a felony.
Civil Commitment Placement
H.B. 5465 requires a court to send a copy of the order of civil commitment to the applicable facility. The bill also requires the court to do the following with respect to a defendant whom the court determines is unlikely to be restored to competency in the initial restoration period, including any possible extension: · provide to the facility copies of the following items made available to the court during the incompetency trial: o reports of each expert; o psychiatric, psychological, or social work reports that relate to the current mental condition of the defendant; o documents provided by the state's attorney or the defendant's attorney that relate to the defendant's current or past mental condition; o copies of the indictment or information and any supporting documents used to establish probable cause in the case; o the defendant's criminal history record information; and o the addresses of the state's attorney and the defendant's attorney; and · direct the court reporter to promptly prepare and provide to the facility transcripts of all medical testimony received by the jury or court.
Modification of Order Following Civil Commitment Placement
H.B. 5465 clarifies that a defendant who is committed to a residential care facility, the head of the facility, or the state's attorney may request that the court modify the order for commitment to that facility. The bill makes the requirement for a court to take action on a request to modify an order for inpatient mental health treatment not later than the 14th day after the date of the request applicable to a request by a defendant committed to a residential care facility or the state's attorney but requires the court, if the head of a residential care facility makes such a request, not later than the 14th day after the date of the request, to hold a hearing to determine whether the court should modify the order for inpatient mental health treatment in accordance with the bill's provisions relating to the release of a defendant after civil commitment.
Release of Defendant After Civil Commitment Placement for Mental Illness
H.B. 5465 establishes that statutory provisions relating to the release of a defendant after civil commitment pending charges apply only to a defendant who has been committed to a mental health facility under the Texas Mental Health Code. Accordingly, the bill removes criteria under the Persons with an Intellectual Disability Act among the criteria that a court may use in a hearing to determine whether the release of such a defendant is appropriate.
Release of Defendant After Civil Commitment Placement for Intellectual Disability
H.B. 5465 subjects the release of a defendant committed to a residential care facility as a person with an intellectual disability to disapproval by the committing court if the court or the state's attorney has notified the head of the residential care facility that a criminal charge remains pending against the defendant. The bill requires the head of the residential care facility, if the head of the facility determines that the defendant should be released from the facility, to notify the committing court and the sheriff of the county from which the defendant was committed in writing of the release not later than the 14th day before the date on which the residential care facility intends to release the defendant. The bill requires the head of the residential care facility to provide the following components with the notice: · a written statement that states an opinion regarding whether the defendant has attained competency to stand trial; and · the interdisciplinary team recommendation prepared for the defendant under the Persons with an Intellectual Disability Act.
H.B. 5465 authorizes the defendant, the head of the residential care facility, or the state's attorney to request that the court approve the release of the defendant or approve the release and require the defendant's participation in a community-based living plan. The bill requires the court, not later than the 14th day after the date of such a request, to hold a hearing to determine whether the court should deny the request to release the defendant from the residential care facility, grant the request, or grant the request and require the defendant's participation in a community-based living plan. Notice of the hearing must be provided in accordance with applicable Persons with an Intellectual Disability Act provisions. The bill authorizes the court to conduct the hearing at the residential care facility or by means of an electronic broadcast system.
H.B. 5465 requires the court, on receipt of a request to release the defendant, to require the residential care facility to submit the following: · a report indicating whether the defendant's continued placement at the residential care facility is appropriate for the defendant's individual needs, the defendant can adequately and appropriately reside in another setting, and appropriate community-based services are available to the defendant; and · a community living discharge plan for the defendant. The bill requires the court, if, after a hearing, the preponderance of evidence shows that the defendant's continued placement at the facility is no longer appropriate for the defendant's individual needs, the defendant can adequately and appropriately reside in another setting, and appropriate community-based services are available to the defendant, to enter an order that grants the release of the defendant from the facility. The bill authorizes the court to also require the defendant to participate in a community-based living plan based on the community living discharge plan submitted under the bill's provisions. The bill requires the court, if it requires the defendant to participate in a community-based living plan, to designate the local intellectual and developmental disability authority responsible for supervising the community-based living plan. The bill authorizes the community-based living plan to be amended, without court approval, by the residential care facility or the local intellectual and developmental disability authority to address the defendant's ongoing needs. The bill requires the court to rule on a request made for the release of a defendant as soon as practicable after a hearing on the request but not later than the 14th day after the date of the request. If a hearing is not held during that period, the request to release the defendant is automatically granted.
H.B. 5465 establishes that an order authorizing the release of the defendant and requiring the defendant to participate in a community-based living plan must specify a period of participation that may not exceed 12 months, and the court may not order the defendant to participate in any subsequent community-based living plan in connection with the same offense. If such a request is made by a defendant before the 91st day after the date the court makes a determination on a previous request under the bill's provisions, the court is not required to act on the request until the 91st day after the date of the court's previous determination.
H.B. 5465 establishes that a proceeding for granting the release of the defendant and requiring the defendant's participation in a community-based living plan is governed by the Persons with an Intellectual Disability Act, to the extent that the act applies and does not conflict with the bill's provisions, except that the criminal court must conduct the proceeding regardless of whether the criminal court is also the county court. A defendant is entitled to an appeal from an order denying the defendant's release or requiring the defendant's participation in a community-based living plan.
H.B. 5465 requires the local intellectual and developmental disability authority responsible for supervising a defendant's community-based living plan to inform the court if the authority determines the defendant's return to the residential care facility is necessary at any time during the applicable period.
H.B. 5465 requires the release of a defendant in conformity with the bill's provisions relating to the release of a defendant committed to a residential care facility as a person with an intellectual disability if the court enters an order committing the defendant to such a facility.
Statement by Applicable Facility or Program Provider Regarding Competency to Stand Trial
H.B. 5465 requires the head of the facility or outpatient treatment provider to which a defendant has been committed to file with the court a report stating the reason why the facility or provider believes the defendant has been restored to competency, in addition to providing a written statement that in their opinion the defendant is competent to stand trial. The head of the facility or outpatient treatment provider must include with the report a list of the types and dosages of medications prescribed for the defendant while the defendant was receiving services in the facility or through the outpatient treatment program. The bill requires the court to provide copies of the written statement and report to the state's attorney and the defendant's attorney. Either party may object to the findings in the written statement or report as provided by the bill's provisions relating to proceedings to determine restoration of competency.
Proceedings to Determine Restoration of Competency
H.B. 5465 establishes that the periods for objecting to the written statement and the report of the head of an applicable facility or program provider and for conducting a hearing on the defendant's competency are the same as those specified under provisions relating to the proceedings on a defendant's return to court.
Transportation of Defendant to Court
H.B. 5465 revises the requirement for a court's order setting a hearing for purposes of determining whether the defendant has been restored to competency to direct that the defendant be placed in the custody of the sheriff of the county in which the committing court is located or the sheriff's designee for transportation to the court, as follows: · removes the condition that the defendant be so placed as soon as practicable but not earlier than 72 hours before the date the hearing is scheduled; and · specifies that the defendant instead be placed into such custody for prompt transportation to the court. Accordingly, the bill removes the prohibition against the sheriff or the sheriff's designee taking custody of the defendant until 72 hours before the date the hearing is scheduled.
H.B. 5465 requires the head of the applicable facility or outpatient treatment provider to cause the defendant to be promptly transported to the court and placed in the custody of the sheriff of the county in which the court is located if before the 15th day after the date on which the court received notification that a defendant committed to a facility or ordered to participate in an outpatient treatment program has not been transported to the court that issued the order of civil commitment. The bill requires the county in which the court is located to reimburse the commission or outpatient treatment provider, as appropriate, for the mileage and per diem expenses of the personnel required to transport the defendant, calculated in accordance with rates provided in the General Appropriations Act for state employees.
Specialty Courts Generally
H.B. 5465 authorizes the judge or magistrate of a specialty court program established under state law by a single county or municipality to do the following for a case properly transferred to the program: · enter orders, judgments, and decrees for the case; · sign orders of detention, order community service, or impose other reasonable and necessary sanctions; · send recommendations for dismissal and expunction to the originating trial court for a defendant who successfully completes the program; and · return the case and documentation required by statutory provisions relating to specialty courts to the originating trial court for final disposition on a defendant's successful completion of or removal from the program. The bill establishes that a visiting judge assigned to preside over a specialty court program has the same authority as the judge or magistrate appointed to preside over the program.
Mental Health Court Program
H.B. 5465 revises the definition of "mental health court program" for purpose of provisions governing such programs, as follows: · specifies that such a program is under the supervision and direction of a court with criminal jurisdiction; and · includes among the programs an assisted outpatient treatment court program for persons subject to court-ordered outpatient mental health services under applicable state law. With respect to the essential characteristics of a mental health court program, the bill makes the following changes: · includes the use of a nonadversarial approach involving attorneys representing proposed patients and attorneys requesting court-ordered outpatient mental health services under applicable state law; and · clarifies that an essential characteristic is the diversion or potential diversion of a defendant in any pending criminal case who has a mental illness or an intellectual disability to needed services as an alternative to subjecting the defendant to the criminal justice system.
H.B. 5465 authorizes a county commissioners court to establish a mental health court program for persons who satisfy the following conditions: · have a mental illness; · have demonstrated an inability to effectively participate in outpatient mental health services voluntarily; and · meet the criteria for court-ordered outpatient mental health services under state law.
Administration of Medication to Patients Under Court-Ordered Mental Health Services
H.B. 5465 replaces references to "physician" for purposes of provisions relating to an application for an order to authorize psychoactive medication to a patient under court-ordered mental health services with references to "primary care provider."
H.B. 5465 revises the authorization for a court to issue an order authorizing the administration of one or more classes of psychoactive medication to a patient who is in custody awaiting trial in a criminal proceeding and was ordered to receive inpatient mental health services by removing the condition that the patient was ordered to receive such services in the six months preceding the applicable hearing for the services. The bill replaces references to "mental disorder or mental defect" with references to "mental illness" for purposes of provisions relating to that authorization and a finding that a patient presents a danger.
H.B. 5465 changes the persons for whom a county in which the applicable criminal charges are pending or were adjudicated must pay the costs of a hearing to evaluate the court-ordered administration of psychoactive medication from a patient ordered to receive mental health services after having been determined to be incompetent to stand trial or having been acquitted of an offense by reason of insanity or a patient who is awaiting trial after having been determined to be competent to stand trial and was ordered to receive mental health services to any person under the jurisdiction of a criminal court.
H.B. 5465 makes the provision relating to the continued effect of an order authorizing the administration of psychoactive medication until the earlier of the 180th day after the date the defendant was returned to a correctional facility, the date the defendant is acquitted, is convicted, or enters a plea of guilty, or the date on which charges are dismissed only applicable to a patient who is subject to court-ordered inpatient mental health services or a jail-based competency restoration program. The bill includes among those dates the 180th day after the date the defendant was returned to the court and conditions the provision on the filing of a report indicating the patient has attained competency to stand trial.
H.B. 5465 extends an order for a patient subject to court-ordered inpatient mental health services or a jail-based competency restoration program who is recommitted for competency restoration until the 30th day after the date of the expiration of the previous order of the criminal court. A subsequently issued order for psychoactive medication is extended until the 30th day after the date of the expiration of the commitment order by the criminal court, including any extension that may be ordered. The bill also extends an order for a patient subject to court-ordered inpatient mental health services until the 30th day after the date of the expiration of the previous order of the criminal court, including any renewal of the order. The bill authorizes a new order for psychoactive medication to be sought from a court with probate jurisdiction during any such extension.
Repealed Provisions
H.B. 5465 repeals the following Health and Safety Code provisions with respect to court-ordered mental health services: · the provision establishing that a jury or judge is not required to make the finding that a proposed patient has received court-ordered inpatient mental health for at least 60 consecutive days during the preceding 12 months if the proposed patient has already been subject to an order for extended mental health services; and · the provision establishing that a jury or judge is not required to make the finding that a proposed patient has received court-ordered inpatient mental health services for a total of at least 60 days during the preceding 12 months or court-ordered outpatient mental health services during the preceding 60 days if the proposed patient has already been subject to an order for extended mental health services.
H.B. 5465 repeals the following provisions: · Article 46B.071(b), Code of Criminal Procedure; · Articles 46B.073(c), (d), (e), and (f), Code of Criminal Procedure; and · Sections 574.035(d) and 574.0355(b), Health and Safety Code.
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EFFECTIVE DATE
September 1, 2025.
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