BG H.B. 1312 75(R)BILL ANALYSIS


PUBLIC HEALTH
C.S.H.B. 1312
By: Naishtat
4-2-97
Committee Report (Substituted)


BACKGROUND 


The current statutory provisions for the modification of orders for
outpatient treatment require a hearing to be held within 72 hours of the
filed motion, excluding weekends and extreme emergencies.  Having to
prepare for a hearing in such a short time frame hinders the
administration of justice by hampering the court's and the prosecutor's
ability to prepare for the hearing.   

The 72 hour time frame also is a disservice to a patient under temporary
detention.  Quite often, a patient is extremely debilitated during the
first 72 hours of detention, but may have a condition stabilized by the
end of a week.  This potential stabilization would allow the person to
remain on an outpatient commitment if the hearing was held at the end of
the week, thus protecting the patient's best interest while also saving
counties the cost of unnecessary inpatient commitments. Protections
against lengthy detentions, while awaiting the final hearing, are provided
through the requirements of a probable cause hearing and the holding of
the final hearing on the motion within seven days, unless a one week
continuance is ordered by the court.    

PURPOSE

CSHB 1312 sets appropriate time schedules for hearings on motions for
modification of an order for outpatient mental health services.  The bill
allows for temporary detention of a patient to extend beyond 72 hours, if
a court finds probable cause that the patient requires court-ordered
temporary mental health services and detention is necessary to determine
the appropriate setting for the patient's court-ordered services. The bill
also ensures that the person being detained under this section will not be
held in a nonmedical facility used to detain persons charged with or
convicted of a crime.  

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. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 574.062, Health and Safety Code, by adding the
following subsections: 

Subsection (d) requires the court to set a date for a hearing on a motion
for modification of an order for outpatient treatment within seven days
after its filing. Allows the court to grant continuances as specified, but
requires that the hearing be held no later than 14 days after the motion
was filed, except as provided by Subsection (e). 

Subsection (e) provides that hazardous weather conditions or other
disasters that threaten the safety of hearing participants allow the
court, by written order, to postponed the hearing for not more than 24
hours. Requires that the written order must declare that an emergency
exists. 

SECTION 2.  Amends Section 574.064, Health and Safety Code, as follows:
 
Subsection (b) clarifies that a patient may be detained under a temporary
detention order for more than 72 hours for an extreme emergency by adding
the language "only if, after a hearing held before the expiration of that
period, a court, a magistrate or a designated master finds that there is
probable cause" as specified.  

Subsection (c) establishes that if probable cause is found, the patient
may be detained under temporary detention until the hearing set under
Section 574.062 is completed.   

Subsection (d) adds language to specify that after the preconditions of a
probable cause hearing held within the 72 hours of when the patient's
detention began or a modification hearing as prescribed by Section
574.062, the immediate release of a temporarily detained patient is
required if no notice of authorized continued detention is received by the
facility administrator. Makes conforming change. 

Subsection (e) makes conforming changes.

Subsection (f) is added to stipulate that a person, under this section,
may not be detained in nonmedical facilities used to detain persons
charged with or convicted of crimes. 

SECTION 3.  Establishes that this Act applies only to the temporary
detention of someone subject to court-ordered outpatient mental health
services whose application for the order or motion to modify an order is
filed on or after the effective date of September 1, 1997. Orders for
which an application or motion is filed before September 1, 1997 are
governed by existing laws, which is continued in effect for those
purposes. 

SECTION 4.  Emergency Clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

In SECTION 2, (Section 574.064, Health and Safety Code) C.S.H.B. 1312 adds
subsection (f) to ensure that persons detained under this section will not
be detained in nonmedical facilities such as jails.