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.