1-1 By: Moncrief S.B. No. 252
1-2 (In the Senate - Filed February 3, 1993; February 4, 1993,
1-3 read first time and referred to Committee on State Affairs;
1-4 April 26, 1993, reported favorably by the following vote: Yeas 11,
1-5 Nays 0; April 26, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Harris of Dallas x
1-9 Rosson x
1-10 Carriker x
1-11 Henderson x
1-12 Leedom x
1-13 Lucio x
1-14 Luna x
1-15 Nelson x
1-16 Patterson x
1-17 Shelley x
1-18 Sibley x
1-19 West x
1-20 Whitmire x
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to continuity of care programs for offenders in the
1-24 criminal justice system who are mentally impaired, elderly,
1-25 physically disabled, terminally ill, or significantly ill.
1-26 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-27 SECTION 1. Chapter 614, Health and Safety Code, is amended
1-28 by adding Sections 614.013 through 614.016 to read as follows:
1-29 Sec. 614.013. CONTINUITY OF CARE FOR OFFENDERS WITH MENTAL
1-30 IMPAIRMENTS. (a) The Texas Department of Criminal Justice, the
1-31 Texas Department of Mental Health and Mental Retardation, and
1-32 representatives of local mental health or mental retardation
1-33 authorities appointed by the commissioner of the Texas Department
1-34 of Mental Health and Mental Retardation by rule shall adopt a
1-35 memorandum of understanding that establishes their respective
1-36 responsibilities to institute a continuity of care and service
1-37 program for offenders with mental impairments in the criminal
1-38 justice system. The council shall coordinate and monitor the
1-39 development and implementation of the memorandum of understanding.
1-40 (b) The memorandum of understanding must establish methods
1-41 for:
1-42 (1) identifying offenders with mental impairments in
1-43 the criminal justice system;
1-44 (2) developing interagency rules, policies, and
1-45 procedures for the coordination of care of and the exchange of
1-46 information on offenders with mental impairments by local and state
1-47 criminal justice agencies, the Texas Department of Mental Health
1-48 and Mental Retardation, and local mental health or mental
1-49 retardation authorities; and
1-50 (3) identifying the services needed by offenders with
1-51 mental impairments to reenter the community successfully.
1-52 (c) The Texas Department of Criminal Justice, the Texas
1-53 Department of Mental Health and Mental Retardation, and local
1-54 mental health or mental retardation authorities shall:
1-55 (1) operate the continuity of care and service program
1-56 for offenders with mental impairments in the criminal justice
1-57 system with funds appropriated for that purpose; and
1-58 (2) actively seek federal grants or funds to operate
1-59 and expand the program.
1-60 Sec. 614.014. CONTINUITY OF CARE FOR ELDERLY OFFENDERS.
1-61 (a) The Texas Department of Criminal Justice, the Texas Department
1-62 of Human Services, and the Texas Department on Aging by rule shall
1-63 adopt a memorandum of understanding that establishes their
1-64 respective responsibilities to institute a continuity of care and
1-65 service program for elderly offenders in the criminal justice
1-66 system. The council shall coordinate and monitor the development
1-67 and implementation of the memorandum of understanding.
1-68 (b) The memorandum of understanding must establish methods
2-1 for:
2-2 (1) identifying elderly offenders in the criminal
2-3 justice system;
2-4 (2) developing interagency rules, policies, and
2-5 procedures for the coordination of care of and the exchange of
2-6 information on elderly offenders by local and state criminal
2-7 justice agencies, the Texas Department of Human Services, and the
2-8 Texas Department on Aging; and
2-9 (3) identifying the services needed by elderly
2-10 offenders to reenter the community successfully.
2-11 (c) The Texas Department of Criminal Justice, the Texas
2-12 Department of Human Services, and the Texas Department on Aging
2-13 shall:
2-14 (1) operate the continuity of care and service program
2-15 for elderly offenders in the criminal justice system with funds
2-16 appropriated for that purpose; and
2-17 (2) actively seek federal grants or funds to operate
2-18 and expand the program.
2-19 Sec. 614.015. CONTINUITY OF CARE FOR PHYSICALLY DISABLED,
2-20 TERMINALLY ILL, OR SIGNIFICANTLY ILL OFFENDERS. (a) The Texas
2-21 Department of Criminal Justice, the Texas Rehabilitation
2-22 Commission, the Texas Commission for the Blind, the Texas
2-23 Commission for the Deaf and Hearing Impaired, the Texas Department
2-24 of Health, and the Texas Department of Human Services by rule shall
2-25 adopt a memorandum of understanding that establishes their
2-26 respective responsibilities to institute a continuity of care and
2-27 service program for offenders in the criminal justice system who
2-28 are physically disabled, terminally ill, or significantly ill. The
2-29 council shall coordinate and monitor the development and
2-30 implementation of the memorandum of understanding.
2-31 (b) The memorandum of understanding must establish methods
2-32 for:
2-33 (1) identifying offenders in the criminal justice
2-34 system who are physically disabled, terminally ill, or
2-35 significantly ill;
2-36 (2) developing interagency rules, policies, and
2-37 procedures for the coordination of care of and the exchange of
2-38 information on offenders who are physically disabled, terminally
2-39 ill, or significantly ill by local and state criminal justice
2-40 agencies, the Texas Department of Criminal Justice, the Texas
2-41 Rehabilitation Commission, the Texas Commission for the Blind, the
2-42 Texas Commission for the Deaf and Hearing Impaired, the Texas
2-43 Department of Health, and the Texas Department of Human Services;
2-44 and
2-45 (3) identifying the services needed by offenders who
2-46 are physically disabled, terminally ill, or significantly ill to
2-47 reenter the community successfully.
2-48 (c) The Texas Department of Criminal Justice, the Texas
2-49 Rehabilitation Commission, the Texas Commission for the Blind, the
2-50 Texas Commission for the Deaf and Hearing Impaired, the Texas
2-51 Department of Health, and the Texas Department of Human Services
2-52 shall:
2-53 (1) operate, with funds appropriated for that purpose,
2-54 the continuity of care and service program for offenders in the
2-55 criminal justice system who are physically disabled, terminally
2-56 ill, or significantly ill; and
2-57 (2) actively seek federal grants or funds to operate
2-58 and expand the program.
2-59 Sec. 614.016. CONTINUITY OF CARE FOR CERTAIN OFFENDERS BY
2-60 LAW ENFORCEMENT AND JAILS. (a) The council, the Commission on Law
2-61 Enforcement Officer Standards and Education, and the Commission on
2-62 Jail Standards by rule shall adopt a memorandum of understanding
2-63 that establishes their respective responsibilities to institute a
2-64 continuity of care and service program for offenders in the
2-65 criminal justice system who are mentally impaired, elderly,
2-66 physically disabled, terminally ill, or significantly ill.
2-67 (b) The memorandum of understanding must establish methods
2-68 for:
2-69 (1) identifying offenders in the criminal justice
2-70 system who are mentally impaired, elderly, physically disabled,
3-1 terminally ill, or significantly ill;
3-2 (2) developing procedures for the exchange of
3-3 information relating to offenders who are mentally impaired,
3-4 elderly, physically disabled, terminally ill, or significantly ill
3-5 by the council, the Commission on Law Enforcement Officer Standards
3-6 and Education, and the Commission on Jail Standards for use in the
3-7 continuity of care and services program; and
3-8 (3) adopting rules and standards that assist in the
3-9 development of a continuity of care and services program for
3-10 offenders who are mentally impaired, elderly, physically disabled,
3-11 terminally ill, or significantly ill.
3-12 SECTION 2. Section 614.009, Health and Safety Code, is
3-13 amended to read as follows:
3-14 Sec. 614.009. REPORT. Not later than February 1 of each
3-15 odd-numbered year, the council shall file with the governor,
3-16 lieutenant governor, and speaker of the house of representatives a
3-17 report giving the details of the council's activities during the
3-18 preceding biennium. The report must include:
3-19 (1) an evaluation of any demonstration project
3-20 undertaken by the council;
3-21 (2) an evaluation of the council's progress toward
3-22 developing a plan for meeting the treatment, rehabilitative, and
3-23 educational needs of offenders with special needs <mental
3-24 impairments>;
3-25 (3) recommendations of the council made in accordance
3-26 with Section 614.007(5); <and>
3-27 (4) an evaluation of the development and
3-28 implementation of the continuity of care and service programs
3-29 established under Sections 614.013, 614.014, 614.015, and 614.016,
3-30 changes in rules, policies, or procedures relating to the programs,
3-31 future plans for the programs, and any recommendations for
3-32 legislation; and
3-33 (5) any other recommendations that the council
3-34 considers appropriate.
3-35 SECTION 3. Sections 501.091, 501.092, and 501.094,
3-36 Government Code, are repealed.
3-37 SECTION 4. This Act takes effect September 1, 1993.
3-38 SECTION 5. The importance of this legislation and the
3-39 crowded condition of the calendars in both houses create an
3-40 emergency and an imperative public necessity that the
3-41 constitutional rule requiring bills to be read on three several
3-42 days in each house be suspended, and this rule is hereby suspended.
3-43 * * * * *
3-44 Austin,
3-45 Texas
3-46 April 26, 1993
3-47 Hon. Bob Bullock
3-48 President of the Senate
3-49 Sir:
3-50 We, your Committee on State Affairs to which was referred S.B.
3-51 No. 252, have had the same under consideration, and I am instructed
3-52 to report it back to the Senate with the recommendation that it do
3-53 pass and be printed.
3-54 Harris of
3-55 Dallas, Chairman
3-56 * * * * *
3-57 WITNESSES
3-58 FOR AGAINST ON
3-59 ___________________________________________________________________
3-60 Name: TX COUNCIL ON OFFENDERS W x
3-61 Representing: MENTAL HEALTH ASSN OF TEXAS
3-62 City: AUSTIN
3-63 ___________________________________________________________________
3-64 Name: JACQUELINE SHANNON x
3-65 Representing: TX ALLIANCE FOR THE MENTALLY
3-66 City: AUSTIN
3-67 ___________________________________________________________________
3-68 Name: ROSALIE BOLDIN x
3-69 Representing: TX COUNCIL OF COMMUNITY MHMR
3-70 City: AUSTIN
4-1 ___________________________________________________________________
4-2 Name: DEBBIE FILLMORE
4-3 Representing: TX COMM ON JAIL STANDARDS
4-4 City: AUSTIN
4-5 ___________________________________________________________________
4-6 Name: DEE KIFOWIT x
4-7 Representing: TX COMMISSION ON OFFENDERS
4-8 City: AUSTIN
4-9 ___________________________________________________________________
4-10 Name: DEBORAH BERNDT x
4-11 Representing: MENTAL HEALTH ASSOCIATION
4-12 City: AUSTIN
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