By: Moncrief S.B. No. 252
A BILL TO BE ENTITLED
AN ACT
1-1 relating to continuity of care programs for offenders in the
1-2 criminal justice system who are mentally impaired, elderly,
1-3 physically disabled, terminally ill, or significantly ill.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 614, Health and Safety Code, is amended
1-6 by adding Sections 614.013 through 614.016 to read as follows:
1-7 Sec. 614.013. CONTINUITY OF CARE FOR OFFENDERS WITH MENTAL
1-8 IMPAIRMENTS. (a) The Texas Department of Criminal Justice, the
1-9 Texas Department of Mental Health and Mental Retardation, and
1-10 representatives of local mental health or mental retardation
1-11 authorities appointed by the commissioner of the Texas Department
1-12 of Mental Health and Mental Retardation by rule shall adopt a
1-13 memorandum of understanding that establishes their respective
1-14 responsibilities to institute a continuity of care and service
1-15 program for offenders with mental impairments in the criminal
1-16 justice system. The council shall coordinate and monitor the
1-17 development and implementation of the memorandum of understanding.
1-18 (b) The memorandum of understanding must establish methods
1-19 for:
1-20 (1) identifying offenders with mental impairments in
1-21 the criminal justice system;
1-22 (2) developing interagency rules, policies, and
1-23 procedures for the coordination of care of and the exchange of
2-1 information on offenders with mental impairments by local and state
2-2 criminal justice agencies, the Texas Department of Mental Health
2-3 and Mental Retardation, and local mental health or mental
2-4 retardation authorities; and
2-5 (3) identifying the services needed by offenders with
2-6 mental impairments to reenter the community successfully.
2-7 (c) The Texas Department of Criminal Justice, the Texas
2-8 Department of Mental Health and Mental Retardation, and local
2-9 mental health or mental retardation authorities shall:
2-10 (1) operate the continuity of care and service program
2-11 for offenders with mental impairments in the criminal justice
2-12 system with funds appropriated for that purpose; and
2-13 (2) actively seek federal grants or funds to operate
2-14 and expand the program.
2-15 Sec. 614.014. CONTINUITY OF CARE FOR ELDERLY OFFENDERS.
2-16 (a) The Texas Department of Criminal Justice, the Texas Department
2-17 of Human Services, and the Texas Department on Aging by rule shall
2-18 adopt a memorandum of understanding that establishes their
2-19 respective responsibilities to institute a continuity of care and
2-20 service program for elderly offenders in the criminal justice
2-21 system. The council shall coordinate and monitor the development
2-22 and implementation of the memorandum of understanding.
2-23 (b) The memorandum of understanding must establish methods
2-24 for:
2-25 (1) identifying elderly offenders in the criminal
3-1 justice system;
3-2 (2) developing interagency rules, policies, and
3-3 procedures for the coordination of care of and the exchange of
3-4 information on elderly offenders by local and state criminal
3-5 justice agencies, the Texas Department of Human Services, and the
3-6 Texas Department on Aging; and
3-7 (3) identifying the services needed by elderly
3-8 offenders to reenter the community successfully.
3-9 (c) The Texas Department of Criminal Justice, the Texas
3-10 Department of Human Services, and the Texas Department on Aging
3-11 shall:
3-12 (1) operate the continuity of care and service program
3-13 for elderly offenders in the criminal justice system with funds
3-14 appropriated for that purpose; and
3-15 (2) actively seek federal grants or funds to operate
3-16 and expand the program.
3-17 Sec. 614.015. CONTINUITY OF CARE FOR PHYSICALLY DISABLED,
3-18 TERMINALLY ILL, OR SIGNIFICANTLY ILL OFFENDERS. (a) The Texas
3-19 Department of Criminal Justice, the Texas Rehabilitation
3-20 Commission, the Texas Commission for the Blind, the Texas
3-21 Commission for the Deaf and Hearing Impaired, the Texas Department
3-22 of Health, and the Texas Department of Human Services by rule shall
3-23 adopt a memorandum of understanding that establishes their
3-24 respective responsibilities to institute a continuity of care and
3-25 service program for offenders in the criminal justice system who
4-1 are physically disabled, terminally ill, or significantly ill. The
4-2 council shall coordinate and monitor the development and
4-3 implementation of the memorandum of understanding.
4-4 (b) The memorandum of understanding must establish methods
4-5 for:
4-6 (1) identifying offenders in the criminal justice
4-7 system who are physically disabled, terminally ill, or
4-8 significantly ill;
4-9 (2) developing interagency rules, policies, and
4-10 procedures for the coordination of care of and the exchange of
4-11 information on offenders who are physically disabled, terminally
4-12 ill, or significantly ill by local and state criminal justice
4-13 agencies, the Texas Department of Criminal Justice, the Texas
4-14 Rehabilitation Commission, the Texas Commission for the Blind, the
4-15 Texas Commission for the Deaf and Hearing Impaired, the Texas
4-16 Department of Health, and the Texas Department of Human Services;
4-17 and
4-18 (3) identifying the services needed by offenders who
4-19 are physically disabled, terminally ill, or significantly ill to
4-20 reenter the community successfully.
4-21 (c) The Texas Department of Criminal Justice, the Texas
4-22 Rehabilitation Commission, the Texas Commission for the Blind, the
4-23 Texas Commission for the Deaf and Hearing Impaired, the Texas
4-24 Department of Health, and the Texas Department of Human Services
4-25 shall:
5-1 (1) operate the continuity of care and service program
5-2 for offenders in the criminal justice system who are physically
5-3 disabled, terminally ill, or significantly ill with funds
5-4 appropriated for that purpose; and
5-5 (2) actively seek federal grants or funds to operate
5-6 and expand the program.
5-7 Sec. 614.016. CONTINUITY OF CARE FOR CERTAIN OFFENDERS BY
5-8 LAW ENFORCEMENT AND JAILS. (a) The council, the Commission on Law
5-9 Enforcement Officer Standards and Education, and the Commission on
5-10 Jail Standards by rule shall adopt a memorandum of understanding
5-11 that establishes their respective responsibilities to institute a
5-12 continuity of care and service program for offenders in the
5-13 criminal justice system who are mentally impaired, elderly,
5-14 physically disabled, terminally ill, or significantly ill.
5-15 (b) The memorandum of understanding must establish methods
5-16 for:
5-17 (1) identifying offenders in the criminal justice
5-18 system who are mentally impaired, elderly, physically disabled,
5-19 terminally ill, or significantly ill;
5-20 (2) developing procedures for the exchange of
5-21 information relating to offenders who are mentally impaired,
5-22 elderly, physically disabled, terminally ill, or significantly ill
5-23 by the council, the Commission on Law Enforcement Officer Standards
5-24 and Education, and the Commission on Jail Standards for use in the
5-25 continuity of care and services program; and
6-1 (3) adopting rules and standards that assist in the
6-2 development of a continuity of care and services program for
6-3 offenders who are mentally impaired, elderly, physically disabled,
6-4 terminally ill, or significantly ill.
6-5 SECTION 2. Section 614.009, Health and Safety Code, is
6-6 amended to read as follows:
6-7 Sec. 614.009. REPORT. Not later than February 1 of each
6-8 odd-numbered year, the council shall file with the governor,
6-9 lieutenant governor, and speaker of the house of representatives a
6-10 report giving the details of the council's activities during the
6-11 preceding biennium. The report must include:
6-12 (1) an evaluation of any demonstration project
6-13 undertaken by the council;
6-14 (2) an evaluation of the council's progress toward
6-15 developing a plan for meeting the treatment, rehabilitative, and
6-16 educational needs of offenders with special needs <mental
6-17 impairments>;
6-18 (3) recommendations of the council made in accordance
6-19 with Section 614.007(5); <and>
6-20 (4) an evaluation of the development and
6-21 implementation of the continuity of care and service programs
6-22 established under Sections 614.013, 614.014, 614.015, and 614.016,
6-23 changes in rules, policies, or procedures relating to the programs,
6-24 future plans for the programs, and any recommendations for
6-25 legislation; and
7-1 (5) any other recommendations that the council
7-2 considers appropriate.
7-3 SECTION 3. Sections 501.091, 501.092, and 501.094,
7-4 Government Code, are repealed.
7-5 SECTION 4. This Act takes effect September 1, 1993.
7-6 SECTION 5. The importance of this legislation and the
7-7 crowded condition of the calendars in both houses create an
7-8 emergency and an imperative public necessity that the
7-9 constitutional rule requiring bills to be read on three several
7-10 days in each house be suspended, and this rule is hereby suspended.