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.