By Naishtat H.B. No. 1039
75R616 JJT-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to court-ordered mental health services.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 574.034, Health and Safety Code, is
1-5 amended to read as follows:
1-6 Sec. 574.034. ORDER FOR TEMPORARY MENTAL HEALTH SERVICES.
1-7 (a) The judge [or jury] may order [determine that] a proposed
1-8 patient to receive [requires] court-ordered temporary inpatient
1-9 mental health services only if the judge or jury finds, from clear
1-10 and convincing evidence, that:
1-11 (1) the proposed patient is mentally ill; and
1-12 (2) as a result of that mental illness the proposed
1-13 patient:
1-14 (A) is likely to cause serious harm to himself;
1-15 (B) is likely to cause serious harm to others;
1-16 or
1-17 (C) is:
1-18 (i) suffering [will, if not treated,
1-19 continue to suffer] severe and abnormal mental, emotional, or
1-20 physical distress;
1-21 (ii) experiencing substantial mental or
1-22 physical[, will continue to experience] deterioration of the
1-23 proposed patient's [his] ability to function independently, which
1-24 is exhibited by the proposed patient's inability, except for
2-1 reasons of indigence, to provide for the proposed patient's basic
2-2 needs, including food, clothing, health, and safety; and
2-3 (iii) [, and is] unable to make a rational
2-4 and informed decision as to whether or not to submit to treatment.
2-5 (b) The judge may order a proposed patient to receive
2-6 court-ordered temporary outpatient mental health services only if:
2-7 (1) the judge finds that appropriate mental health
2-8 services are available to the patient through:
2-9 (A) the local mental health authority because:
2-10 (i) the proposed patient is a member of a
2-11 priority population identified for those mental health services in
2-12 the department's long-range plan; and
2-13 (ii) the local mental health authority
2-14 determines that it has the necessary resources available; or
2-15 (B) another mental health services provider; and
2-16 (2) the judge or jury finds, from clear and convincing
2-17 evidence, that:
2-18 (A) the proposed patient is mentally ill;
2-19 (B) the nature of the mental illness is severe
2-20 and persistent;
2-21 (C) as a result of the mental illness, the
2-22 proposed patient will, if not treated, continue to:
2-23 (i) suffer severe and abnormal mental,
2-24 emotional, or physical distress; and
2-25 (ii) experience deterioration of the
2-26 ability to function independently to the extent that the proposed
2-27 patient will be unable to live safely in the community without
3-1 court-ordered outpatient mental health services; and
3-2 (D) the proposed patient has an inability to
3-3 participate in outpatient treatment services effectively and
3-4 voluntarily, demonstrated by:
3-5 (i) the proposed patient's actions during
3-6 the two years preceding the hearing; or
3-7 (ii) specific characteristics of the
3-8 proposed patient's clinical condition that make impossible a
3-9 rational and informed decision whether to submit to voluntary
3-10 outpatient treatment.
3-11 (c) If the judge or jury finds that the proposed patient
3-12 meets the commitment criteria prescribed by Subsection (a), the
3-13 [The] judge or jury must specify which criterion listed in
3-14 Subsection (a)(2) forms the basis for the decision.
3-15 (d) [(c)] To be clear and convincing under Subsection (a)
3-16 [this section], the evidence must include expert testimony and,
3-17 unless waived, evidence of a recent overt act or a continuing
3-18 pattern of behavior that tends to confirm:
3-19 (1) the likelihood of serious harm to the proposed
3-20 patient or others; or
3-21 (2) the proposed patient's distress and the
3-22 deterioration of the proposed patient's ability to function.
3-23 (e) To be clear and convincing under Subdivision (b)(2), the
3-24 evidence must include expert testimony and, unless waived, evidence
3-25 of a recent overt act or a continuing pattern of behavior that
3-26 tends to confirm:
3-27 (1) [or] the proposed patient's distress;
4-1 (2) [and] the deterioration of ability to function;
4-2 and
4-3 (3) the proposed patient's inability to participate in
4-4 outpatient treatment services effectively and voluntarily.
4-5 (f) [(d)] The proposed patient and the proposed patient's
4-6 attorney, by a written document filed with the court, may waive the
4-7 right to cross-examine witnesses, and, if that right is waived, the
4-8 court may admit, as evidence, the certificates of medical
4-9 examination for mental illness. The certificates admitted under
4-10 this subsection constitute competent medical or psychiatric
4-11 testimony, and the court may make its findings solely from the
4-12 certificates. If the proposed patient and the proposed patient's
4-13 attorney do not waive in writing the right to cross-examine
4-14 witnesses, the court shall proceed to hear testimony. The
4-15 testimony must include competent medical or psychiatric testimony.
4-16 In addition, the court may consider the testimony of a nonphysician
4-17 mental health professional as provided by Section 574.031(f).
4-18 (g) [(e)] An order for temporary inpatient or outpatient
4-19 mental health services shall state that treatment is authorized for
4-20 not longer than 90 days. The order may not specify a shorter
4-21 period.
4-22 (h) [(f)] A judge may not issue an order for temporary
4-23 inpatient or outpatient mental health services for a proposed
4-24 patient who is charged with a criminal offense that involves an
4-25 act, attempt, or threat of serious bodily injury to another person.
4-26 (i) A judge may advise, but may not compel, the proposed
4-27 patient to:
5-1 (1) receive treatment with psychoactive medication as
5-2 specified by the outpatient mental health services treatment plan;
5-3 (2) participate in counseling; and
5-4 (3) refrain from the use of alcohol or illicit drugs.
5-5 SECTION 2. Section 574.035, Health and Safety Code, is
5-6 amended to read as follows:
5-7 Sec. 574.035. ORDER FOR EXTENDED MENTAL HEALTH SERVICES.
5-8 (a) The [jury, or the] judge [if the right to a jury is waived,]
5-9 may order [determine that] a proposed patient to receive [requires]
5-10 court-ordered extended inpatient mental health services only if the
5-11 jury, or the judge if the right to a jury is waived, finds, from
5-12 clear and convincing evidence, that:
5-13 (1) the proposed patient is mentally ill;
5-14 (2) as a result of that mental illness the proposed
5-15 patient:
5-16 (A) is likely to cause serious harm to himself;
5-17 (B) is likely to cause serious harm to others;
5-18 or
5-19 (C) is:
5-20 (i) suffering [will, if not treated,
5-21 continue to suffer] severe and abnormal mental, emotional, or
5-22 physical distress;
5-23 (ii) experiencing substantial mental or
5-24 physical [, will continue to experience] deterioration of the
5-25 proposed patient's [his] ability to function independently, which
5-26 is exhibited by the proposed patient's inability, except for
5-27 reasons of indigence, to provide for the proposed patient's basic
6-1 needs, including food, clothing, health, and safety; and
6-2 (iii) [is] unable to make a rational and
6-3 informed decision as to whether or not to submit to treatment;
6-4 (3) the proposed patient's condition is expected to
6-5 continue for more than 90 days; and
6-6 (4) the proposed patient has received court-ordered
6-7 inpatient mental health services under this subtitle or under
6-8 Section 5, Article 46.02, Code of Criminal Procedure, for at least
6-9 60 consecutive days during the preceding 12 months.
6-10 (b) The judge may order a proposed patient to receive
6-11 court-ordered extended outpatient mental health services only if:
6-12 (1) the judge finds that appropriate mental health
6-13 services are available to the patient through:
6-14 (A) the local mental health authority because:
6-15 (i) the proposed patient is a member of a
6-16 priority population identified for those mental health services in
6-17 the department's long-range plan; and
6-18 (ii) the local mental health authority
6-19 determines that it has the necessary resources available; or
6-20 (B) another mental health services provider; and
6-21 (2) the jury, or the judge if the right to a jury is
6-22 waived, finds from clear and convincing evidence that:
6-23 (A) the proposed patient is mentally ill;
6-24 (B) the nature of the mental illness is severe
6-25 and persistent;
6-26 (C) as a result of the mental illness, the
6-27 proposed patient will, if not treated, continue to:
7-1 (i) suffer severe and abnormal mental,
7-2 emotional, or physical distress; and
7-3 (ii) experience deterioration of the
7-4 ability to function independently to the extent that the proposed
7-5 patient will be unable to live safely in the community without
7-6 court-ordered outpatient mental health services;
7-7 (D) the proposed patient has an inability to
7-8 participate in outpatient treatment services effectively or
7-9 voluntarily, demonstrated by:
7-10 (i) the proposed patient's actions during
7-11 the two years preceding the hearing; or
7-12 (ii) specific characteristics of the
7-13 proposed patient's clinical condition that make impossible a
7-14 rational and informed decision whether to submit to voluntary
7-15 outpatient treatment;
7-16 (E) the proposed patient's condition is expected
7-17 to continue for more than 90 days; and
7-18 (F) the proposed patient has received
7-19 court-ordered inpatient mental health services under this subtitle
7-20 or under Section 5, Article 46.02, Code of Criminal Procedure, for
7-21 at least 60 consecutive days during the preceding 12 months.
7-22 (c) If the jury or judge finds that the proposed patient
7-23 meets the commitment criteria prescribed by Subsection (a), the
7-24 [The] jury or judge must specify which criterion listed in
7-25 Subsection (a)(2) forms the basis for the decision.
7-26 (d) [(c)] The jury or judge is not required to make the
7-27 finding under Subsection (a)(4) or (b)(2)(F) if the proposed
8-1 patient has already been subject to an order for extended mental
8-2 health services.
8-3 (e) [(d)] To be clear and convincing under Subsection (a)
8-4 [this section], the evidence must include expert testimony and
8-5 evidence of a recent overt act or a continuing pattern of behavior
8-6 that tends to confirm:
8-7 (1) the likelihood of serious harm to the proposed
8-8 patient or others; or
8-9 (2) the proposed patient's distress and the
8-10 deterioration of the proposed patient's ability to function.
8-11 (f) To be clear and convincing under Subdivision (b)(2), the
8-12 evidence must include expert testimony and evidence of a recent
8-13 overt act or a continuing pattern of behavior that tends to
8-14 confirm:
8-15 (1) [or] the proposed patient's distress;
8-16 (2) [and] the deterioration of ability to function;
8-17 and
8-18 (3) the proposed patient's inability to participate in
8-19 outpatient treatment services effectively and voluntarily.
8-20 (g) [(e)] The court may not make its findings solely from
8-21 the certificates of medical examination for mental illness but
8-22 shall hear testimony. The court may not enter an order for
8-23 extended mental health services unless appropriate findings are
8-24 made and are supported by testimony taken at the hearing. The
8-25 testimony must include competent medical or psychiatric testimony.
8-26 (h) [(f)] An order for extended inpatient or outpatient
8-27 mental health services shall state that treatment is authorized for
9-1 not longer than 12 months. The order may not specify a shorter
9-2 period.
9-3 (i) [(g)] A judge may not issue an order for extended
9-4 inpatient or outpatient mental health services for a proposed
9-5 patient who is charged with a criminal offense that involves an
9-6 act, attempt, or threat of serious bodily injury to another person.
9-7 (j) A judge may advise, but may not compel, the proposed
9-8 patient to:
9-9 (1) receive treatment with psychoactive medication as
9-10 specified by the outpatient mental health services treatment plan;
9-11 (2) participate in counseling; and
9-12 (3) refrain from the use of alcohol or illicit drugs.
9-13 SECTION 3. Section 574.036(e), Health and Safety Code, is
9-14 amended to read as follows:
9-15 (e) The judge may enter an order:
9-16 (1) committing the person to a mental health facility
9-17 for inpatient care if the trier of fact finds that the person meets
9-18 the commitment criteria prescribed by Section 574.034(a) or
9-19 574.035(a); or
9-20 (2) committing the person to outpatient mental health
9-21 services if the trier of fact finds that the person meets the
9-22 commitment criteria prescribed by Section 574.034(b) or 574.035(b)
9-23 [requiring the person to participate in other mental health
9-24 services, including community center programs and services provided
9-25 by a private psychiatrist or psychologist].
9-26 SECTION 4. Section 574.065(a), Health and Safety Code, is
9-27 amended to read as follows:
10-1 (a) The court may modify an order for outpatient services at
10-2 the modification hearing if the court determines that the patient
10-3 meets [continues to meet] the applicable criteria for court-ordered
10-4 mental health services prescribed by Section 574.034(a) [574.034]
10-5 or 574.035(a) [574.035 and that:]
10-6 [(1) the patient has not complied with the court's
10-7 order; or]
10-8 [(2) the patient's condition has deteriorated to the
10-9 extent that outpatient services are no longer appropriate].
10-10 SECTION 5. This Act takes effect September 1, 1997, and
10-11 applies to a commitment proceeding that begins on or after that
10-12 date. A commitment proceeding that begins before the effective
10-13 date of this Act is governed by the law in existence on the date
10-14 the proceeding began, and that law is continued in effect for that
10-15 purpose.
10-16 SECTION 6. The importance of this legislation and the
10-17 crowded condition of the calendars in both houses create an
10-18 emergency and an imperative public necessity that the
10-19 constitutional rule requiring bills to be read on three several
10-20 days in each house be suspended, and this rule is hereby suspended.