ACM C.S.H.B. 1747 75(R)BILL ANALYSIS CRIMINAL JURISPRUDENCE C.S.H.B. 1747 By: Place 4-3-97 Committee Report (Substituted) BACKGROUND A House Joint Interim Committee conducted a study on criminal justice and persons with mental disabilities. HB 1747 reflects the recommendations set forth in the interim report to the 75th Legislature. PURPOSE HB 1747, as substituted, would amend several statutory provisions relating to the arrest and detention of defendants with mental impairments. This bill would also amend provisions relating to continuity of care for offenders with special needs. RULEMAKING AUTHORITY It is the committee's opinion that this bill does grant additional rulemaking authority in SECTION 7, Section 614.013(a), Health and Safety Code, to the directors of community supervision and corrections departments. SECTION BY SECTION ANALYSIS SECTION 1. Article 16.22, Code of Criminal Procedure, Examination and Transfer of Suspected Mentally Ill or Retarded Defendant, is amended as follows: (1) the title of the Article is changed to "Examination and Transfer of Defendant Suspected of Having Mental Illness or Mental Retardation" (2) provides that a sheriff, who has reasonable cause to believe that a defendant has mental illness or mental retardation, shall notify a magistrate not later than 72 hours after receiving the evidence or statement that establishes that reasonable cause (3) provides that upon a determination that there is reasonable cause to believe that a defendant has a mental illness or is a person with mental retardation, the magistrate shall order an examination of the defendant to determine whether the defendant has a mental illness or is a person with mental retardation. If the defendant fails or refuses to submit to examination the magistrate may order the defendant to custody for examination for a reasonable period not to exceed 21 days. The defendant may not be ordered to a facility operated by the Texas Department of Mental Health and Mental Retardation for examination without the consent of the head of that facility. If a defendant who has been ordered to a facility operated by TDMHMR remains in the facility for more than 21 days, the head of that facility shall cause the defendant to be transported to the committing court and placed in the custody of the sheriff of that county. That county shall reimburse TDMHMR for the expenses to transport the defendant. A written report of the examination shall be issued to the magistrate within 30 days of the order of examination. SECTION 2. Article 17.032, Code of Criminal Procedure, Release on Personal Bond of Certain Mentally Ill Defendants, Subsections (b) and (c) are amended as follows: (1) Subsection (b) is amended to provide that a magistrate shall release a defendant on personal bond if an examining expert concludes that the defendant has a mental illness or is a person with mental retardation and if appropriate mental health or mental retardation services are available. (2) Subsection (c) is amended to provide that the magistrate shall, unless good cause is shown for not requiring treatment, require that the defendant submit to outpatient or inpatient treatment if the defendant's mental illness or mental retardation is chronic in nature or if the defendant's ability to function independently will continue to deteriorate if the defendant is not treated. SECTION 3. Section 11(d), Article 42.12, Code of Criminal Procedure, Basic Conditions of Community Supervision, is amended to provide that a judge may require a defendant with mental retardation to submit to mental retardation treatment as a condition of community supervision if the defendant's mental impairments chronic in nature or the defendant's ability to function will deteriorate. SECTION 4. Section 415.037, Government Code, Certification of Special Officers for Mental Health Assignment, is amended to expand the scope of personnel who may become certified as special officers for offenders with mental impairments. This also expands the training course for certification to include training on mental retardation. SECTION 5. Section 574.035(a), Health and Safety Code, Order for Extended Mental Health Services, is amended by deleting "Subsection 5" from the text of Subsection (4). SECTION 6. Section 614.007, Health and Safety Code, Powers and Duties, is amended to provide that the Texas Council on Offenders with Mental Impairments shall develop and implement pilot projects to demonstrate a cooperative program to identify, evaluate, and manage outside of incarceration offenders with mental impairments regardless of whether the offenders have an instant offense that is an offense described in Section 3g, Article 42.12, Code of Criminal Procedure. SECTION 7. Section 614.013, Health and Safety Code, Continuity of Care for Offenders with Mental Impairments, is amended to provide that the directors of community supervision and corrections departments shall be a part of the memorandum of understanding between the Texas Department of Criminal Justice, The Texas Department of Mental Health and Mental Retardation and representatives of local mental health or mental retardation authorities appointed by the commissioner of the Texas Department of Mental Health and Mental Retardation. SECTION 8. Section 614.017, Health and Safety Code, Exchange of Information, is amended as follows: (1) Subsection (a) is amended to provide that an agency authorized by this chapter to provide continuity of care for a special needs offender may receive information relating to a special needs offender and disclose information relating to a special needs offender if the agency receives or discloses this information to further the purposes of this chapter. (2) Subsection (c) is added to define the terms "agency" and "special needs offender". SECTION 9. Chapter 614, Health and Safety Code, Texas Council on Offenders with Mental Impairments, is amended by adding Section 614.018, County Jail Medical and Psychological Assessments. This Section provides that the council in cooperation with the Commission on Jail Standards, the Texas Department of Mental Health and Mental Retardation, and the Texas Department of Criminal Justice shall conduct a study to determine the manner in which medical and psychological assessments are conducted in county jails. The council shall file a copy of the study, a synopsis with the results of the study, and the council's recommendations with the legislature not later than February 1, 1999. SECTION 10. Effective Date: September 1, 1997. SECTION 11. Emergency Clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute amends Article 16.22(a), Code of Criminal Procedure, to provide that a defendant's behavior or the result of a prior evaluation indicating a need for referral for further mental health or mental retardation assessment must be considered in determining whether reasonable cause exists to believe the defendant has a mental illness or is a person with mental retardation. The substitute adds mental retardation services to the health services addressed in Sections 2 and 3 of the bill. In addition, the substitute provides that the Council on Offenders with Mental Impairments shall conduct a study to determine the manner in which medical and psychological assessments are conducted in county jails.