By Luna                                                S.B. No. 273
       74R674 DD-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to court-ordered mental health services for a person who
    1-3  has committed a sexually violent offense.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subtitle C, Title 7, Health and Safety Code, is
    1-6  amended by adding Chapter 579 to read as follows:
    1-7          CHAPTER 579.  COURT-ORDERED MENTAL HEALTH SERVICES
    1-8                     FOR SEXUALLY VIOLENT PERSONS
    1-9                   SUBCHAPTER A.  GENERAL PROVISIONS
   1-10        Sec. 579.001.  DEFINITIONS.  In this chapter:
   1-11              (1)  "Sexually violent person" means a person who:
   1-12                    (A)  has been:
   1-13                          (i)  convicted of or charged with a
   1-14  sexually violent offense;
   1-15                          (ii)  found not guilty of a sexually
   1-16  violent offense by reason of insanity; or
   1-17                          (iii)  adjudicated as having engaged as a
   1-18  juvenile in delinquent conduct that is classified as a sexually
   1-19  violent offense under Subdivision (4); and
   1-20                    (B)  suffers from a mental illness that makes the
   1-21  person likely to commit a predatory sexually violent offense.
   1-22              (2)  "Predatory" means for the primary purpose of
   1-23  victimization.
   1-24              (3)  "Prosecuting attorney" means the county or
    2-1  district attorney who prosecutes felony criminal cases in the
    2-2  county.
    2-3              (4)  "Sexually violent offense" means an act that:
    2-4                    (A)  violates any of the following provisions of
    2-5  the Penal Code:
    2-6                          (i)  Section 21.11(a);
    2-7                          (ii)  Section 22.011;
    2-8                          (iii)  Section 22.021; or
    2-9                          (iv)  Section 19.03(a)(2), if the person
   2-10  commits a murder in the course of committing or attempting to
   2-11  commit aggravated sexual assault;
   2-12                    (B)  is a felony in effect before September 1,
   2-13  1995, and is comparable to an offense listed in Paragraph (A);
   2-14                    (C)  results in a federal or out-of-state
   2-15  conviction for an offense that is comparable to an offense listed
   2-16  in Paragraph (A); or
   2-17                    (D)  is an attempt or conspiracy, as defined by
   2-18  Chapter 15, Penal Code, to commit an offense listed in this
   2-19  subdivision.
   2-20        Sec. 579.002.  GENERAL APPLICATION OF CHAPTER 574.  Except as
   2-21  otherwise provided by this chapter, a proceeding for court-ordered
   2-22  mental health services for a sexually violent person is governed by
   2-23  Chapter 574.
   2-24        Sec. 579.003.  POWERS AND DUTIES OF PROSECUTING ATTORNEY;
   2-25  COORDINATION.  (a)  If a prosecuting attorney who receives notice
   2-26  under Section 579.021 does not have jurisdiction or is not the
   2-27  county or district attorney who normally represents the state in a
    3-1  hearing held under this subtitle, the prosecuting attorney may
    3-2  assume jurisdiction, if necessary, and represent the state in a
    3-3  proceeding under this chapter or may forward the notice to the
    3-4  appropriate county or district attorney and request that attorney
    3-5  to act for the prosecuting attorney.
    3-6        (b)  The prosecuting attorney and county or district attorney
    3-7  shall coordinate as necessary under this chapter.
    3-8        (c)  A prosecuting attorney who assumes jurisdiction under
    3-9  this chapter has the same powers and duties in a proceeding under
   3-10  this chapter as a county or district attorney who normally
   3-11  represents the state in a proceeding under this subtitle.
   3-12           (Sections 579.004-579.020 reserved for expansion
   3-13               SUBCHAPTER B.  APPLICATION FOR COMMITMENT
   3-14                       AND PREHEARING PROCEDURES
   3-15        Sec. 579.021.  NOTICE TO PROSECUTING ATTORNEY BEFORE RELEASE.
   3-16  (a)  The appropriate entity as determined by this section shall
   3-17  provide notice of the impending release of a person:
   3-18              (1)  convicted of a sexually violent offense;
   3-19              (2)  charged with a sexually violent offense;
   3-20              (3)  found not guilty by reason of insanity; or
   3-21              (4)  adjudicated as having engaged as a juvenile in
   3-22  delinquent conduct that is classified as a sexually violent offense
   3-23  under Section 579.001(4).
   3-24        (b)  Notification under this section must be provided:
   3-25              (1)  to the prosecuting attorney in the county in which
   3-26  the offense was committed and the prosecuting attorney in the
   3-27  county in which the person proposes to reside; and
    4-1              (2)  at least 10 days before the date of release.
    4-2        (c)  The Board of Pardons and Paroles shall make the
    4-3  notification required by this section before releasing a prisoner
    4-4  on parole from the institutional division of the Texas Department
    4-5  of Criminal Justice.
    4-6        (d)  The institutional division of the Texas Department of
    4-7  Criminal Justice shall make the notification required by this
    4-8  section before releasing a prisoner who:
    4-9              (1)  has completed the term for which the person was
   4-10  sentenced; or
   4-11              (2)  is to be released to mandatory supervision.
   4-12        (e)  The clerk of the court with authority to release a
   4-13  person determined to be incompetent to stand trial under Article
   4-14  46.02, Code of Criminal Procedure, or found not guilty by reason of
   4-15  insanity under Article 46.03, Code of Criminal Procedure, shall
   4-16  make the notification required by this section before releasing the
   4-17  person.
   4-18        (f)  The entity with authority to release a person who has
   4-19  been adjudicated as having engaged as a juvenile in delinquent
   4-20  conduct that is classified as a sexually violent offense under
   4-21  Section 579.001(4) shall make the notification required by this
   4-22  section before releasing the person.
   4-23        (g)  An entity that is required by this section to notify the
   4-24  prosecuting attorney of the release of a person shall provide:
   4-25              (1)  the person's name;
   4-26              (2)  identifying factors;
   4-27              (3)  the person's offense history;
    5-1              (4)  the address where the person expects to reside on
    5-2  the person's release;
    5-3              (5)  treatment received by the person during
    5-4  confinement or commitment; and
    5-5              (6)  documentation of institutional adjustment.
    5-6        (h)  A prosecuting attorney has notice when an entity listed
    5-7  in this section mails the information prescribed by Subsection (g).
    5-8        Sec. 579.022.  APPLICATION FOR COURT-ORDERED MENTAL HEALTH
    5-9  SERVICES FOR SEXUALLY VIOLENT PERSON.  (a)  A prosecuting attorney
   5-10  who is entitled to receive a notification under Section 579.021 may
   5-11  file a sworn written application for court-ordered mental health
   5-12  services under this chapter before or after the release of the
   5-13  person who is the subject of the notice.  In addition, a
   5-14  psychiatrist for the institutional division of the Texas Department
   5-15  of Criminal Justice may file an application for court-ordered
   5-16  mental health services under this chapter in accordance with
   5-17  Section 501.057, Government Code.
   5-18        (b)  An application must be filed with the county clerk in
   5-19  the county in which:
   5-20              (1)  the offense was committed; or
   5-21              (2)  the proposed patient:
   5-22                    (A)  is confined or detained;
   5-23                    (B)  resides or intends to reside on release;
   5-24                    (C)  is found; or
   5-25                    (D)  is receiving mental health services by court
   5-26  order.
   5-27        (c)  A court may, on request of the proposed patient or the
    6-1  proposed patient's attorney and if good cause is shown, transfer an
    6-2  application to any other county described by Subsection (b).
    6-3        (d)  A prosecuting attorney is not required to file a
    6-4  certificate of medical examination with the application.
    6-5        (e)  A psychiatrist or prosecuting attorney who files an
    6-6  application under this chapter may include the proposed patient's
    6-7  criminal history record information when filing the application or
    6-8  may submit that information to the court at a later time.  The
    6-9  psychiatrist or prosecuting attorney is not required to submit the
   6-10  information.
   6-11        Sec. 579.023.  FORM OF APPLICATION.  In addition to the
   6-12  information required by Sections 574.002(a) and (b), an application
   6-13  under this chapter for court-ordered mental health services must
   6-14  contain the following information according to the prosecuting
   6-15  attorney's or psychiatrist's information and belief:
   6-16              (1)  the proposed patient's name and address;
   6-17              (2)  the proposed patient's county of residence in this
   6-18  state;
   6-19              (3)  a statement alleging that the proposed patient is
   6-20  a sexually violent person and meets the criteria in Section 579.073
   6-21  or 579.074 for court-ordered mental health services; and
   6-22              (4)  information supporting the allegation that the
   6-23  proposed patient is a sexually violent person.
   6-24        Sec. 579.024.  RELEASE IF REQUIREMENT OF MEDICAL EXAMINATION
   6-25  NOT MET.  If the certificates required under Section 574.009 are
   6-26  not on file at the time set for the hearing on the application, the
   6-27  judge shall dismiss the application as required by Section
    7-1  574.009(d) but may not order the immediate release of the person as
    7-2  prescribed by that section if the person is:
    7-3              (1)  confined in the institutional division of the
    7-4  Texas Department of Criminal Justice;
    7-5              (2)  detained in a facility of the Texas Youth
    7-6  Commission; or
    7-7              (3)  detained in a mental health facility under Article
    7-8  46.02 or 46.03, Code of Criminal Procedure.
    7-9        Sec. 579.025.  CERTIFICATE OF MEDICAL EXAMINATION FOR MENTAL
   7-10  ILLNESS.  Instead of the information prescribed by Section
   7-11  574.011(a)(7), a certificate of medical examination for mental
   7-12  illness filed under this chapter must include the examining
   7-13  physician's opinion that:
   7-14              (1)  the examined person suffers from a mental illness
   7-15  that makes the person likely to commit a predatory sexually violent
   7-16  offense; and
   7-17              (2)  as a result of that mental illness the examined
   7-18  person:
   7-19                    (A)  is likely to cause serious harm to others;
   7-20  or
   7-21                    (B)  will, if not treated, continue to experience
   7-22  the propensity to commit a predatory sexually violent offense, will
   7-23  continue to experience the inability to resist the impulse to
   7-24  commit a predatory sexually violent offense, and is unable to make
   7-25  a rational and informed decision as to whether or not to submit to
   7-26  treatment.
   7-27        Sec. 579.026.  LIBERTY PENDING HEARING.  A proposed patient
    8-1  is entitled to remain at liberty pending the hearing on the
    8-2  application for court-ordered mental health services unless the
    8-3  proposed patient is:
    8-4              (1)  detained under an appropriate provision of this
    8-5  subtitle;
    8-6              (2)  confined in the institutional division of the
    8-7  Texas Department of Criminal Justice;
    8-8              (3)  detained in a facility of the Texas Youth
    8-9  Commission; or
   8-10              (4)  detained in a mental health facility under Article
   8-11  46.02 or 46.03, Code of Criminal Procedure.
   8-12           (Sections 579.027-579.050 reserved for expansion
   8-13                   SUBCHAPTER C.  PROTECTIVE CUSTODY
   8-14        Sec. 579.051.  MOTION FOR ORDER OF PROTECTIVE CUSTODY.  If
   8-15  the proposed patient is at liberty pending the hearing on
   8-16  court-ordered mental health services or the prosecuting attorney
   8-17  believes that the person will be released from detention or
   8-18  confinement before proceedings under this chapter may be completed,
   8-19  the prosecuting attorney or the court on its own motion may file a
   8-20  motion for an order of protective custody as provided by Section
   8-21  574.021.
   8-22        Sec. 579.052.  ISSUANCE OF ORDER.  (a)  Instead of the
   8-23  criteria prescribed by Section 574.022(a) for issuance of an order
   8-24  of protective custody, the judge or designated magistrate may issue
   8-25  a protective custody order if the judge or magistrate determines:
   8-26              (1)  that the physician has stated the physician's
   8-27  opinion and the detailed reasons for the opinion that the proposed
    9-1  patient suffers from a mental illness that makes the person likely
    9-2  to commit a predatory sexually violent offense; and
    9-3              (2)  the proposed patient presents a substantial risk
    9-4  of serious harm to others if not immediately restrained pending the
    9-5  hearing.
    9-6        (b)  A protective custody order shall:
    9-7              (1)  if the proposed patient is at liberty pending the
    9-8  hearing, direct a peace officer to take the proposed patient into
    9-9  custody in accordance with Section 574.023; or
   9-10              (2)  if the proposed patient is to be released from
   9-11  detention or confinement before proceedings under this chapter may
   9-12  be completed, order the person authorized to release the proposed
   9-13  patient to transport the proposed patient on release to a facility
   9-14  in accordance with Section 574.023.
   9-15        (c)  The facility administrator designated to detain the
   9-16  proposed patient must agree to the detention.
   9-17        Sec. 579.053.  PROBABLE CAUSE HEARING.  (a)  At the probable
   9-18  cause hearing held under Section 574.025, the judge or designated
   9-19  magistrate must determine if:
   9-20              (1)  there is probable cause to believe that a proposed
   9-21  patient under a protective custody order presents a substantial
   9-22  risk of serious harm to others to the extent that the proposed
   9-23  patient cannot be at liberty pending the hearing on court-ordered
   9-24  mental health services; and
   9-25              (2)  a physician has stated the opinion and the
   9-26  detailed reasons for the physician's opinion that the proposed
   9-27  patient suffers from a mental illness that makes the person likely
   10-1  to commit a predatory sexually violent offense.
   10-2        (b)  The magistrate or master shall order that a proposed
   10-3  patient remain in protective custody if the magistrate or master
   10-4  determines after the hearing that an adequate factual basis exists
   10-5  for probable cause to believe that the proposed patient presents a
   10-6  substantial risk of serious harm to others to the extent that the
   10-7  proposed patient cannot remain at liberty pending the hearing on
   10-8  court-ordered mental health services.
   10-9        (c)  The notification of probable cause hearing required by
  10-10  Section 574.026(c) shall read as follows:
  10-11                            (Style of Case)
  10-12                NOTIFICATION OF PROBABLE CAUSE HEARING
  10-13        On this the __________ day of ___________________, 19___, the
  10-14  undersigned hearing officer heard evidence concerning the need for
  10-15  protective custody of _________________ (hereinafter referred to as
  10-16  proposed patient).  The proposed patient was given the opportunity
  10-17  to challenge the allegations that (s)he presents a substantial risk
  10-18  of serious harm to others.
  10-19        The proposed patient and his attorney ______________________
  10-20                                                     (attorney)
  10-21  have been given written notice that the proposed patient was placed
  10-22  under an order of protective custody and the reasons for such order
  10-23  on ____________________.
  10-24       (date of notice)
  10-25        I have examined the certificate of medical examination for
  10-26  mental illness and _____________________________________.  Based on
  10-27                          (other evidence considered)
   11-1  this evidence, I find that there is probable cause to believe that
   11-2  the proposed patient presents a substantial risk of serious harm to
   11-3  others (yes _____ or no _____) such that (s)he cannot be at liberty
   11-4  pending final hearing because _____________________________________
   11-5  __________________________________________________________________.
   11-6               (reasons for finding; type of risk found)
   11-7        Sec. 579.054.  DETENTION IN PROTECTIVE CUSTODY AND RELEASE.
   11-8  (a)  The facility administrator or the administrator's designee
   11-9  shall detain a person under a protective custody order in
  11-10  accordance with Section 574.027 until a final order for
  11-11  court-ordered mental health services is entered or the person is
  11-12  released or discharged under this section.
  11-13        (b)  The magistrate or master shall order the release of a
  11-14  person under a protective custody order if the magistrate or master
  11-15  determines after the hearing under Section 574.025 that no probable
  11-16  cause exists to believe that the proposed patient presents a
  11-17  substantial risk of serious harm to others.
  11-18        (c)  Arrangements shall be made to return a person released
  11-19  under Subsection (b) to:
  11-20              (1)  the location of the person's apprehension;
  11-21              (2)  the person's residence in this state;
  11-22              (3)  the location to which the person would have been
  11-23  released from detention or confinement if the person was
  11-24  transported from the place of detention or confinement under
  11-25  Section 579.052(b)(2); or
  11-26              (4)  another suitable location.
  11-27        (d)  A facility administrator shall discharge a person held
   12-1  under a protective custody order if:
   12-2              (1)  the facility administrator does not receive notice
   12-3  that the person's continued detention is authorized after a
   12-4  probable cause hearing held within 72 hours after the detention
   12-5  under the protective custody order began, excluding Saturdays,
   12-6  Sundays, legal holidays, and the period prescribed by Section
   12-7  574.025(b) for extreme emergencies;
   12-8              (2)  a final order for court-ordered mental health
   12-9  services has not been entered within the time prescribed by Section
  12-10  574.005; or
  12-11              (3)  the facility administrator or the administrator's
  12-12  designee determines that the person no longer meets the criteria
  12-13  for protective custody prescribed by Section 579.052(a).
  12-14           (Sections 579.055-579.070 reserved for expansion
  12-15          SUBCHAPTER D.  PROCEEDINGS FOR COURT-ORDERED MENTAL
  12-16             HEALTH SERVICES FOR SEXUALLY VIOLENT PERSONS
  12-17        Sec. 579.071.  FINDINGS OF FACT FOR PERSON FOUND INCOMPETENT
  12-18  TO STAND TRIAL.  (a)  If a person charged with a sexually violent
  12-19  offense was determined incompetent to stand trial on that offense
  12-20  under Article 46.02, Code of Criminal Procedure, and is about to be
  12-21  or has been released, the court or jury shall, at the hearing on an
  12-22  application for court-ordered mental health services under this
  12-23  chapter, first hear evidence and determine whether the person
  12-24  committed the offense.  After hearing evidence on this issue, the
  12-25  court or jury shall make findings on whether the person committed
  12-26  the offense.
  12-27        (b)  If the court or jury finds that the person committed the
   13-1  sexually violent offense, the court shall:
   13-2              (1)  enter a final order, appealable by the person, on
   13-3  that issue; and
   13-4              (2)  proceed under Subchapter C, Chapter 574, and this
   13-5  chapter to determine whether the person should receive
   13-6  court-ordered mental health services.
   13-7        (c)  The state must prove that the person committed the
   13-8  offense by clear and convincing evidence.
   13-9        (d)  A determination or finding of guilt in a hearing under
  13-10  this chapter is not admissible in a criminal proceeding.
  13-11        Sec. 579.072.  RELEASE AFTER HEARING.  (a)  The court shall
  13-12  enter an order denying an application for court-ordered temporary
  13-13  or extended mental health services under this chapter if after a
  13-14  hearing the court or jury fails to find, from clear and convincing
  13-15  evidence, that the proposed patient suffers from a mental illness
  13-16  that makes the person likely to commit a predatory sexually violent
  13-17  offense and meets the applicable criteria for court-ordered mental
  13-18  health services.
  13-19        (b)  If the court denies the application, the court shall
  13-20  order the immediate release of a proposed patient who is not at
  13-21  liberty.
  13-22        (c)  The court shall make arrangements to return a person
  13-23  released under Subsection (b) to:
  13-24              (1)  the location of the person's apprehension;
  13-25              (2)  the person's residence in this state;
  13-26              (3)  the location to which the person would have been
  13-27  released from detention or confinement if the person was
   14-1  transported from the place of detention or confinement under
   14-2  Section 579.052(b)(2);
   14-3              (4)  the custody of the entity or institution
   14-4  responsible for the person's detention or confinement, if the
   14-5  entity or institution has not released the person; or
   14-6              (5)  another suitable location.
   14-7        Sec. 579.073.  ORDER FOR TEMPORARY MENTAL HEALTH SERVICES.
   14-8  (a)  The judge or jury may determine that a proposed patient
   14-9  requires court-ordered temporary mental health services under this
  14-10  chapter only if the judge or jury finds, from clear and convincing
  14-11  evidence, that:
  14-12              (1)  the proposed patient suffers from a mental illness
  14-13  that makes the proposed patient likely to commit a predatory
  14-14  sexually violent offense; and
  14-15              (2)  as a result of that mental illness the proposed
  14-16  patient:
  14-17                    (A)  is likely to cause serious harm to others;
  14-18  or
  14-19                    (B)  will, if not treated, continue to experience
  14-20  the propensity to commit a predatory sexually violent offense, will
  14-21  continue to experience an inability to resist the impulse to commit
  14-22  a predatory sexually violent offense, and is unable to make a
  14-23  rational and informed decision as to whether or not to submit to
  14-24  treatment.
  14-25        (b)  The judge or jury must specify which criterion listed in
  14-26  Subsection (a)(2) forms the basis for the decision.
  14-27        (c)  To be clear and convincing under this section, the
   15-1  evidence must include expert testimony and, unless waived:
   15-2              (1)  if the person was not in the custody of an entity
   15-3  described by Sections 579.021(c)-(f) at the time the application
   15-4  was filed, evidence of a recent overt act or a continuing pattern
   15-5  of behavior before or after release from detention or confinement
   15-6  that tends to confirm the likelihood to commit a predatory sexually
   15-7  violent offense or the person's inability to resist the impulse to
   15-8  commit a predatory sexually violent offense; or
   15-9              (2)  if the person was in the custody of an entity
  15-10  described by Sections 579.021(c)-(f) at the time the application
  15-11  was filed, evidence that the mental illness that makes the person
  15-12  likely to commit a predatory sexually violent offense is not
  15-13  subject to treatment, or if the illness is subject to treatment,
  15-14  that the person was either unable to obtain treatment or did not
  15-15  respond to treatment.
  15-16        (d)  The proposed patient and the proposed patient's
  15-17  attorney, by a written document filed with the court, may waive the
  15-18  right to cross-examine witnesses, and, if that right is waived, the
  15-19  court may admit, as evidence, the certificates of medical
  15-20  examination for mental illness.  The certificates admitted under
  15-21  this subsection constitute competent medical or psychiatric
  15-22  testimony, and the court may make its findings solely from the
  15-23  certificates.  If the proposed patient and the proposed patient's
  15-24  attorney do not waive in writing the right to cross-examine
  15-25  witnesses, the court shall proceed to hear testimony.  The
  15-26  testimony must include competent medical or psychiatric testimony.
  15-27  In addition, the court may consider the testimony of a nonphysician
   16-1  mental health professional as provided by Section 574.031(f).
   16-2        (e)  An order for temporary mental health services shall
   16-3  state that treatment is authorized for not longer than 90 days.
   16-4  The order may not specify a shorter period.
   16-5        Sec. 579.074.  ORDER FOR EXTENDED MENTAL HEALTH SERVICES.
   16-6  (a)  The jury, or the judge if the right to a jury is waived, may
   16-7  determine that a proposed patient requires court-ordered extended
   16-8  mental health services only if the jury or judge finds, from clear
   16-9  and convincing evidence, that:
  16-10              (1)  the proposed patient suffers from a mental illness
  16-11  that makes the proposed patient likely to commit a predatory
  16-12  sexually violent offense;
  16-13              (2)  as a result of that mental illness the proposed
  16-14  patient:
  16-15                    (A)  is likely to cause serious harm to others;
  16-16  or
  16-17                    (B)  will, if not treated, continue to experience
  16-18  the propensity to commit a predatory sexually violent offense, will
  16-19  continue to experience an inability to resist the impulse to commit
  16-20  a predatory sexually violent offense, and is unable to make a
  16-21  rational and informed decision as to whether or not to submit to
  16-22  treatment; and
  16-23              (3)  the proposed patient's condition is expected to
  16-24  continue for more than 90 days.
  16-25        (b)  The jury or judge must specify which criterion listed in
  16-26  Subsection (a)(2) forms the basis for the decision.
  16-27        (c)  To be clear and convincing under this section, the
   17-1  evidence must include expert testimony and, unless waived:
   17-2              (1)  if the person was not in the custody of an entity
   17-3  described by Sections 579.021(c)-(f) at the time the application
   17-4  was filed, evidence of a recent overt act or a continuing pattern
   17-5  of behavior before or after release from detention or confinement
   17-6  that tends to confirm the likelihood to commit a predatory sexually
   17-7  violent offense or the person's inability to resist the impulse to
   17-8  commit a predatory sexually violent offense; or
   17-9              (2)  if the person was in the custody of an entity
  17-10  described by Sections 579.021(c)-(f) at the time the application
  17-11  was filed, evidence that the mental illness that makes the person
  17-12  likely to commit a predatory sexually violent offense is not
  17-13  subject to treatment, or if the illness is subject to treatment,
  17-14  that the person was either unable to obtain treatment or did not
  17-15  respond to treatment.
  17-16        (d)  The court may not make its findings solely from the
  17-17  certificates of medical examination for mental illness but shall
  17-18  hear testimony.  The court may not enter an order for extended
  17-19  mental health services unless appropriate findings are made and are
  17-20  supported by testimony taken at the hearing.  The testimony must
  17-21  include competent medical or psychiatric testimony.
  17-22        (e)  An order for extended mental health services shall state
  17-23  that treatment is authorized for not longer than 12 months.  The
  17-24  order may not specify a shorter period.
  17-25        Sec. 579.075.  ORDER OF CARE AND COMMITMENT.  (a)  The judge
  17-26  shall dismiss the jury, if any, after a hearing in which a person
  17-27  is found to suffer from a mental illness that makes the person
   18-1  likely to commit a predatory sexually violent offense and to meet
   18-2  the applicable criteria for court-ordered temporary or extended
   18-3  mental health services.
   18-4        (b)  The judge may hear additional evidence relating to
   18-5  alternative settings for care before entering an order relating to
   18-6  the setting for the care the person will receive.
   18-7        (c)  The judge shall consider in determining the setting for
   18-8  care the recommendation for the most appropriate treatment
   18-9  alternative filed under Section 574.012.
  18-10        (d)  The judge shall order the mental health services
  18-11  provided in the least restrictive appropriate setting available.
  18-12  In determining the least restrictive appropriate setting, the judge
  18-13  may order that a person be housed and treated in an area that is
  18-14  separate from patients who do not receive mental health services
  18-15  under this chapter if the judge finds that:
  18-16              (1)  the person will not receive adequate mental health
  18-17  treatment unless the person is housed and treated separately;
  18-18              (2)  a mental health facility or area within a mental
  18-19  health facility that treats other patients is insufficiently
  18-20  secure; or
  18-21              (3)  housing and treating the person with other
  18-22  patients in a mental health facility or area within a mental health
  18-23  facility is not safe for the other patients.
  18-24        (e)  The judge may enter an order:
  18-25              (1)  committing the person to a mental health facility
  18-26  for inpatient care; or
  18-27              (2)  requiring the person to participate in other
   19-1  mental health services, including community center programs and
   19-2  services provided by a private psychiatrist or psychologist.
   19-3           (Sections 579.076-579.090 reserved for expansion)
   19-4     SUBCHAPTER E.  DESIGNATION OF FACILITY AND TRANSPORTATION OF
   19-5                       SEXUALLY VIOLENT PERSONS
   19-6        Sec. 579.091.  COMMITMENT OF SEXUALLY VIOLENT PERSON TO
   19-7  INSTITUTIONAL DIVISION.  (a)  The court may not commit a sexually
   19-8  violent person to an inpatient mental health facility of the
   19-9  institutional division of the Texas Department of Criminal Justice.
  19-10        (b)  The court shall order the sheriff or constable to
  19-11  accompany the patient to the designated mental health facility
  19-12  unless the court determines that the sheriff or constable is not
  19-13  necessary.
  19-14        Sec. 579.092.  TRANSCRIPT.  In addition to information
  19-15  required under Section 574.047, the court clerk shall include:
  19-16              (1)  the patient's criminal history record information,
  19-17  if available, in accordance with the procedures prescribed by
  19-18  Subchapter F, Chapter 411, Government Code; and
  19-19              (2)  any information relating to the classification or
  19-20  reclassification of the patient while confined in the Texas Youth
  19-21  Commission or the institutional division of the Texas Department of
  19-22  Criminal Justice.
  19-23           (Sections 579.093-579.100 reserved for expansion)
  19-24              SUBCHAPTER F.  POST-COMMITMENT PROCEEDINGS
  19-25        Sec. 579.101.  MODIFICATION OF ORDER FOR OUTPATIENT TREATMENT
  19-26  OF SEXUALLY VIOLENT PERSON.  (a)  A prosecuting attorney who is
  19-27  entitled to receive notice under Section 579.021 may, in addition
   20-1  to the persons authorized under Section 574.062, request a hearing
   20-2  under Section 574.062 for modification of an order requiring
   20-3  outpatient treatment.
   20-4        (b)  Instead of the information required under Section
   20-5  574.063(b), an application for the temporary detention of a person
   20-6  receiving outpatient treatment pending a modification hearing must
   20-7  state the applicant's opinion and detail the reasons for the
   20-8  applicant's opinion that:
   20-9              (1)  the patient meets the criteria described by
  20-10  Subsection (c); and
  20-11              (2)  detention in an inpatient mental health facility
  20-12  is necessary to evaluate the appropriate setting for continued
  20-13  court-ordered services.
  20-14        (c)  The court may modify an order for outpatient services as
  20-15  prescribed by Section 574.065 if the court determines that the
  20-16  patient continues to meet the applicable criteria for court-ordered
  20-17  mental health services prescribed by Section 579.073 or 579.074 and
  20-18  that:
  20-19              (1)  the patient has not complied with the court's
  20-20  order; or
  20-21              (2)  the patient's condition has deteriorated to the
  20-22  extent that outpatient services are no longer appropriate.
  20-23        Sec. 579.102.  NOTICE TO PROSECUTING ATTORNEY BEFORE
  20-24  TERMINATION OF EXTENDED MENTAL HEALTH SERVICES.  (a)  The
  20-25  administrator of a facility that provides extended mental health
  20-26  services to a person committed under this chapter shall, at least
  20-27  45 days before the date the court order expires or the date the
   21-1  facility administrator intends to release the person from the
   21-2  facility in accordance with Section 574.086 or 579.105, notify each
   21-3  prosecuting attorney who is entitled to receive notice under
   21-4  Section 579.021 of the impending release of the person.
   21-5        (b)  The facility administrator may designate an employee to
   21-6  provide notice required by this section.
   21-7        (c)  The facility administrator may not release a person
   21-8  committed under Section 574.086 or 579.105 before the 46th day
   21-9  after the date the administrator provides notice under Subsection
  21-10  (a).
  21-11        Sec. 579.103.  RENEWAL OF ORDER FOR EXTENDED MENTAL HEALTH
  21-12  SERVICES FOR SEXUALLY VIOLENT PERSON.  (a)  A prosecuting attorney
  21-13  who receives a notification under Section 579.102 or other adult
  21-14  may file an application to renew an order under this chapter for
  21-15  extended mental health services.
  21-16        (b)  The application must explain in detail why the
  21-17  prosecuting attorney or person requests renewal.  An application
  21-18  under this chapter to renew an order committing the patient to
  21-19  extended inpatient mental health services must also explain in
  21-20  detail why a less restrictive setting is not appropriate.
  21-21        (c)  The application must be accompanied by two certificates
  21-22  of medical examination for mental illness signed by physicians who
  21-23  examined the patient during the 30 days preceding the date on which
  21-24  the application is filed.
  21-25        (d)  The court shall appoint an attorney to represent the
  21-26  patient when an application is filed.
  21-27        (e)  The patient or the patient's attorney or other
   22-1  individual may request a hearing on the application.  The court may
   22-2  set a hearing on its own motion.  An application for which a
   22-3  hearing is requested or set is considered an original application
   22-4  for court-ordered extended mental health services.
   22-5        (f)  A court may not renew an order unless the court finds
   22-6  that the patient meets the criteria for extended mental health
   22-7  services prescribed by Section 579.074(a).  The court must make the
   22-8  findings prescribed by this subsection to renew an order,
   22-9  regardless of whether a hearing is requested or set.  A renewed
  22-10  order authorizes treatment for not more than 12 months.
  22-11        (g)  If a hearing is not requested or set, the court may
  22-12  admit into evidence the certificates of medical examination for
  22-13  mental illness.  The certificates constitute competent medical or
  22-14  psychiatric testimony, and the court may make its findings solely
  22-15  from the certificates and the detailed request for renewal.
  22-16        (h)  The court, after renewing an order for extended
  22-17  inpatient mental health services, may modify the order to provide
  22-18  for outpatient mental health services in accordance with Section
  22-19  574.037.
  22-20        Sec. 579.104.  MOTION FOR REHEARING.  (a)  The court may set
  22-21  aside an order requiring court-ordered mental health services under
  22-22  this chapter and grant a motion for rehearing for good cause shown.
  22-23        (b)  Pending the hearing, the court may:
  22-24              (1)  stay the court-ordered mental health services and
  22-25  release the proposed patient from custody before the hearing if the
  22-26  court is satisfied that the proposed patient does not meet the
  22-27  criteria for protective custody under Section 579.052(a); and
   23-1              (2)  if the proposed patient is at liberty, require an
   23-2  appearance bond in an amount set by the court.
   23-3        Sec. 579.105.  REQUEST FOR REEXAMINATION.  (a)  A patient
   23-4  receiving court-ordered extended mental health services under this
   23-5  chapter, or any interested person on the patient's behalf and with
   23-6  the patient's consent, may file a request with a court for a
   23-7  reexamination and a hearing to determine if the patient continues
   23-8  to meet the criteria for the services.
   23-9        (b)  The request must be filed in the county in which the
  23-10  patient is receiving the services.
  23-11        (c)  The court may, for good cause shown:
  23-12              (1)  require that the patient be reexamined;
  23-13              (2)  schedule a hearing on the request; and
  23-14              (3)  notify each prosecuting attorney entitled to
  23-15  notice under Section 579.021 and the facility administrator of the
  23-16  facility providing mental health services to the patient.
  23-17        (d)  A court is not required to order a reexamination or
  23-18  hearing if the request is filed within six months after an order
  23-19  under this chapter for extended mental health services is entered
  23-20  or after a similar request is filed.
  23-21        (e)  After receiving the court's notice, the facility
  23-22  administrator shall arrange for the patient to be reexamined.
  23-23        (f)  The facility administrator or the administrator's
  23-24  qualified authorized designee shall discharge the patient if the
  23-25  facility administrator or designee determines that the patient no
  23-26  longer meets the criteria for court-ordered extended mental health
  23-27  services under this chapter.  The administrator or designee shall
   24-1  notify each prosecuting attorney of the impending discharge of the
   24-2  person as prescribed by Section 579.102.
   24-3        (g)  If the facility administrator or the administrator's
   24-4  designee determines that the patient continues to meet the criteria
   24-5  for court-ordered extended mental health services under this
   24-6  chapter, the facility administrator or designee shall file a
   24-7  certificate of medical examination for mental illness with the
   24-8  court within 10 days after the date on which the request for
   24-9  reexamination and hearing is filed.
  24-10        Sec. 579.106.  HEARING ON REQUEST FOR REEXAMINATION.  (a)  A
  24-11  court that required a patient's reexamination under Section 579.105
  24-12  may set a date and place for a hearing on the request if, not later
  24-13  than the 10th day after the date on which the request is filed:
  24-14              (1)  a certificate of medical examination for mental
  24-15  illness stating that the patient continues to meet the criteria for
  24-16  court-ordered extended mental health services under this chapter
  24-17  has been filed; or
  24-18              (2)  a certificate has not been filed and the patient
  24-19  has not been discharged.
  24-20        (b)  At the time the hearing is set, the judge shall:
  24-21              (1)  appoint an attorney to represent a patient who
  24-22  does not have an attorney; and
  24-23              (2)  give notice of the hearing to the patient, the
  24-24  patient's attorney, each prosecuting attorney who is entitled to
  24-25  notice under Section 579.021, and the facility administrator.
  24-26        (c)  The judge shall appoint a physician to examine the
  24-27  patient and file a certificate of medical examination for mental
   25-1  illness with the court.  The judge shall appoint a physician who is
   25-2  not on the staff of the mental health facility in which the patient
   25-3  is receiving services and who is a psychiatrist if a psychiatrist
   25-4  is available in the county.  The court shall ensure that the
   25-5  patient may be examined by a physician of the patient's choice and
   25-6  at the patient's own expense if requested by the patient.
   25-7        (d)  The hearing is held before the court and without a jury.
   25-8  The hearing must be held in accordance with the requirements for a
   25-9  hearing on an application for court-ordered mental health services.
  25-10        (e)  The court shall dismiss the request if the court finds
  25-11  from clear and convincing evidence that the patient continues to
  25-12  meet the criteria for court-ordered extended mental health services
  25-13  prescribed by Section 579.074.
  25-14        (f)  The judge shall order the facility administrator to
  25-15  discharge the patient if the court fails to find from clear and
  25-16  convincing evidence that the patient continues to meet the
  25-17  criteria.
  25-18        Sec. 579.107.  APPEAL.  Pending an appeal under Section
  25-19  574.070, the trial judge in whose court the cause is pending may:
  25-20              (1)  stay the order and release the patient from
  25-21  custody before the appeal if the judge is satisfied that the
  25-22  patient was released from the custody of an entity described by
  25-23  Sections 579.021(c)-(f) and does not meet the criteria for
  25-24  protective custody under Section 579.052; and
  25-25              (2)  if the proposed patient is at liberty, require an
  25-26  appearance bond in an amount set by the court.
  25-27        SECTION 2.  Subchapter F, Chapter 411, Government Code, is
   26-1  amended by adding Section 411.128 to read as follows:
   26-2        Sec. 411.128.  ACCESS TO CRIMINAL HISTORY RECORD
   26-3  INFORMATION:  SEXUALLY VIOLENT PERSONS.  (a)  A prosecuting
   26-4  attorney or county or district attorney who files or intends to
   26-5  file an application for court-ordered mental health services under
   26-6  Chapter 579, Health and Safety Code, is entitled to obtain from the
   26-7  department criminal history record information maintained by the
   26-8  department that relates to a person who is the subject of the
   26-9  application.
  26-10        (b)  A psychiatrist for the institutional division of the
  26-11  Texas Department of Criminal Justice who files or intends to file
  26-12  an application for court-ordered mental health services under
  26-13  Chapter 579, Health and Safety Code, is entitled to obtain from the
  26-14  department criminal history record information maintained by the
  26-15  department that relates to the person who is the subject of the
  26-16  application.
  26-17        SECTION 3.  Section 411.083(c), Government Code, is amended
  26-18  to read as follows:
  26-19        (c)  Except as provided by Section 411.128, the <The>
  26-20  department may disseminate criminal history record information
  26-21  under Subsection (b)(1) only for a criminal justice purpose.  The
  26-22  department may disseminate criminal history record information
  26-23  under Subsection (b)(2) only for a purpose specified in the statute
  26-24  or order.  The department may disseminate criminal history record
  26-25  information under Subsection (b)(4) or (b)(5) only for a purpose
  26-26  approved by the department and only under rules adopted by the
  26-27  department.
   27-1        SECTION 4.  Section 571.0165(a), Health and Safety Code, is
   27-2  amended to read as follows:
   27-3        (a)  If extremely hazardous weather conditions exist or a
   27-4  disaster occurs, the judge of a court having jurisdiction of a
   27-5  proceeding under Chapter <Chapters> 572, 573, 574, <and> 575, or
   27-6  579 or a magistrate appointed by the judge may by written order
   27-7  made each day extend the period during which the person may be
   27-8  detained under those chapters until 4 p.m. on the first succeeding
   27-9  business day.
  27-10        SECTION 5.  Sections 571.018(a) and (e), Health and Safety
  27-11  Code, are amended to read as follows:
  27-12        (a)  A county shall pay the costs for a hearing or proceeding
  27-13  under this subtitle if the county:
  27-14              (1)  initiates emergency detention procedures under
  27-15  Subchapter A or B, Chapter 573, or Chapter 579;
  27-16              (2)  has an application for court-ordered mental health
  27-17  services transferred to it under Section 574.008(b) or Section
  27-18  579.022(c); or
  27-19              (3)  accepts an application for court-ordered mental
  27-20  health services and issues an order for protective custody or for
  27-21  temporary mental health services.
  27-22        (e)  A proposed patient's county of residence shall pay the
  27-23  court-approved expenses incurred under Section 574.010 if ordered
  27-24  by the court under that section or under similar circumstances in a
  27-25  proceeding under Chapter 579 if ordered by the court.
  27-26        SECTION 6.  Section 574.102, Health and Safety Code, is
  27-27  amended to read as follows:
   28-1        Sec. 574.102.  Application of Subchapter.  This subchapter
   28-2  applies only to the application of medication to a patient subject
   28-3  to an order for inpatient mental health services under Section
   28-4  574.034, <or> 574.035, 579.073, or 579.074 who is receiving those
   28-5  services in a mental health facility operated or funded by the
   28-6  department.
   28-7        SECTION 7.  Sections 574.104(a) and (d), Health and Safety
   28-8  Code, are amended to read as follows:
   28-9        (a)  A physician who is treating a patient may petition a
  28-10  probate court or a court with probate jurisdiction for an order to
  28-11  authorize the administration of a psychoactive medication
  28-12  regardless of the patient's refusal if:
  28-13              (1)  the physician believes that the patient lacks the
  28-14  capacity to make a decision regarding the administration of the
  28-15  psychoactive medication;
  28-16              (2)  the physician determines that the medication is
  28-17  the proper course of treatment for the patient; and
  28-18              (3)  the patient is under an order for temporary or
  28-19  extended mental health services under Section 574.034, <or>
  28-20  574.035, 579.073, or 579.074 and the patient, verbally or by other
  28-21  indication, refuses to take the medication voluntarily.
  28-22        (d)  The court with which a petition is filed under this
  28-23  section shall set a hearing on the petition to be held not later
  28-24  than the seventh day after the date the petition is filed.  The
  28-25  hearing on the petition may be held on the date of a hearing on an
  28-26  application for court-ordered extended mental health services under
  28-27  Section 574.035 or 579.074.  The hearing on the petition may not be
   29-1  held on the date of a hearing on an application for court-ordered
   29-2  temporary mental health services under Section 574.034 or 579.073
   29-3  unless the patient and the patient's attorney agree in writing to
   29-4  have the hearing on that date.
   29-5        SECTION 8.  This Act takes effect September 1, 1995.
   29-6        SECTION 9.  Chapter 579, Health and Safety Code, as added by
   29-7  this Act, applies to the commitment of a person who commits or has
   29-8  committed a sexually violent offense regardless of the date on
   29-9  which the offense occurs or has occurred.
  29-10        SECTION 10.  The importance of this legislation and the
  29-11  crowded condition of the calendars in both houses create an
  29-12  emergency and an imperative public necessity that the
  29-13  constitutional rule requiring bills to be read on three several
  29-14  days in each house be suspended, and this rule is hereby suspended.