SRC-JFA H.B. 1747 75(R)BILL ANALYSIS


Senate Research CenterH.B. 1747
By: Place (Moncrief)
Criminal Justice
4-29-97
Engrossed


DIGEST 

Recently, a House Joint Interim Committee conducted a study on criminal
justice and persons with mental disabilities.  This bill would amend
various statutory provisions relating to criminal justice and persons with
mental disabilities as recommended by the interim report.   

PURPOSE

As proposed, H.B. 1747 amends several statutory provisions relating to the
arrest and detention of defendants with mental impairments.  Additionally,
this bill would amend provisions relating to continuity of care for
offenders with special needs.   

RULEMAKING AUTHORITY

Rulemaking authority is granted to the directors of community supervision
and corrections departments in SECTION 7 (Sections 614.013(a), Health and
Safety Code) of this bill.  

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 16.22, Code of Criminal Procedure, as follows:

Art. 16.22.  New heading:  EXAMINATION AND TRANSFER OF DEFENDANT SUSPECTED
OF HAVING MENTAL ILLNESS OR MENTAL RETARDATION.  (a) Requires the sheriff,
no later than 72 hours after receiving evidence or a statement that may
establish reasonable cause to believe that a defendant committed to the
sheriff's custody has a mental illness or is a person with mental
retardation, to notify the magistrate of that fact. Requires a defendant's
behavior or the result of a prior evaluation indicating a need for
referral for further mental health or mental retardation assessment to be
considered in determining whether reasonable cause exists to believe the
defendant has a mental illness or is a person with mental retardation.
Requires the magistrate, on a determination that there is reasonable cause
to believe that the defendant has a mental illness or is a person with
mental retardation, to order an examination of the defendant by a
disinterested expert experienced and qualified in mental health or mental
retardation to determine whether the defendant has a mental illness as
defined by Section 571.003, Health and Safety Code, or is a person with
mental retardation as defined by Section 591.003, Health and Safety Code.
Authorizes the magistrate, if the defendant fails or refuses to submit to
examination, to order the defendant to custody for examination for a
reasonable period not to exceed 21 days. Prohibits the magistrate from
ordering a defendant to a facility operated by the Texas Department of
Mental Health and Mental Retardation (MHMR) for examination without the
consent of the head of that facility.  Requires the head of a facility, if
a defendant who has been ordered to a facility operated by MHMR for
examination remains in the facility for a period exceeding 21 days, to
cause the defendant to be immediately transported to the committing court
and placed in the custody of the sheriff of the county in which the
committing court is located.  Requires that county to reimburse MHMR
facility for mileage and per diem expenses of the personnel required to
transport the defendant calculated in accordance with the state travel
regulations in effect at the time.  

(b)  Requires a written report of the examination to be submitted to the
magistrate within 30 days of the order of examination, and the magistrate
to furnish copies of the report to  the defense counsel and prosecuting
attorney.  Requires the report to include certain information.  Deletes
text in reference to actions taken in accordance with Article 46.02, Code
of Criminal Procedure.   

(c)  Authorizes the court, after the court receives the examining expert's
report relating to the defendant under Subsection (b), rather than Section
3(d), Article 46.02, of this code, to resume the criminal proceedings
against the defendant or competency proceedings, if required, as provided
by Article 46.02 of this code.  

SECTION 2. Amends Articles 17.032(b) and (c), Code of Criminal Procedure,
to require a magistrate to release a defendant on personal bond if, among
other conditions, the defendant is examined by a mental health expert
under Article 16.22 of this code, rather than Article 16.22-3(b); the
examining expert, in a report submitted to the magistrate under Article
16.22, concludes that the defendant has a mental illness or is a person
with mental retardation, rather than is mentally ill and is nonetheless
competent to stand trial, recommends mental health treatment for the
defendant; and the magistrate determines, in consultation with a local
mental retardation service provider, among others, that appropriate mental
retardation services for the defendant are available through MHMR under
Section 534.053, Health and Safety Code, or through another mental
retardation services provider.  Requires, rather than authorizes, the
magistrate, unless good cause is shown for not requiring treatment, to
require as a condition of release on personal bond under this article that
the defendant submit to outpatient or inpatient mental health or mental
retardation treatment under certain conditions.  Makes conforming changes.

SECTION 3. Amends Section 11(d), Article 42.12, Code of Criminal
Procedure, to require the judge, under certain conditions, to require the
defendant as a condition of community supervision to submit to outpatient
or inpatient mental health or mental retardation treatment if, among other
options, the defendant's mental impairment is chronic in nature, or the
ability to function independently will continue to deteriorate if the
defendant does not receive mental health or mental retardation services.
Makes conforming changes.   

SECTION 4. Amends Sections 415.037(a) and (c), Government Code, to
authorize the Commission on Law Enforcement Officer Standards and
Education (commission) to certify a sheriff, sheriff's deputy, constable,
or other peace officer, or a justice of the peace as a  special officer
for offenders with mental impairments, rather than mental health
assignment, if the officer has, among other conditions, successfully
completed a training course on offenders with mental impairments, rather
than in mental health issues, administered by the commission; and passed
an examination administered by the commission that is designed to test the
officer's knowledge and recognition of the characteristics and symptoms of
mental illness, mental retardation, and mental disabilities, and knowledge
of mental health crisis intervention strategies for people with mental
impairments. Makes conforming changes.  

SECTION 5. Amends Section 574.035(a), Health and Safety Code, to authorize
the jury, or the judge if the right to a jury is waived, to determine that
a proposed patient requires court-ordered extended mental health services
only if the jury or judge finds, from clear and convincing evidence, that,
among other conditions, the proposed patient has received court-ordered
inpatient mental health services under this subtitle or under Article
46.02, rather than Section 5 of Article 45.02, Code of Criminal Procedure,
for at least 60 consecutive days during the preceding 12 months.   

SECTION 6. Amends Section 614.007, Health and Safety Code, to delete
reference to an offense described in Section 3g, Article 42.12, Code of
Criminal Procedure.   

SECTION 7. Amends Sections 614.013(a) and (c), Health and Safety Code, to
require the directors of community supervision and corrections
departments, among others, by rule, to adopt a memorandum of understanding
that establishes their respective responsibilities to institute a
continuity of care and service program for offenders with mental
impairments in the criminal justice system.  Makes conforming changes.  

SECTION 8. Amends Section 614.017, Health and Safety Code, to authorize an
agency authorized by this chapter to provide continuity of care for a
special needs offender, among other options, to  receive information
relating to a special needs offender, rather than a convicted felon.
Defines "agency" and "special needs offender."  Makes conforming changes.

SECTION 9. Amends Chapter 614, Health and Safety Code, by adding Section
614.018, as follows: 

Sec. 614.018.  COUNTY JAIL MEDICAL AND PSYCHOLOGICAL ASSESSMENTS. Requires
the Texas Council on Offenders with Mental Impairments (council) in
cooperation with the Commission on Jail Standards, MHMR, and the Texas
Department of Criminal Justice to conduct a study to determine the manner
in which medical and psychological assessments are conducted in county
jails.  Requires the study to include an examination of certain
assessments.  Requires the council to actively seek the input of
representatives from county governments who are involved in the assessment
of county jail inmates.  Requires the council to file a copy of the study,
a synopsis of the results of the study, and the council's recommendations
with the legislature no later than February 1, 1998.  Provides that this
section expires March 1, 1999.   

SECTION 10. Effective date: September 1, 1997.

SECTION 11. Emergency clause.