1-1 AN ACT
1-2 relating to procedures to deal with an individual who is in the
1-3 criminal justice system and who has a mental illness or is a person
1-4 with mental retardation.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Article 16.22, Code of Criminal Procedure, is
1-7 amended to read as follows:
1-8 Art. 16.22. EXAMINATION AND TRANSFER OF [SUSPECTED MENTALLY
1-9 ILL OR RETARDED] DEFENDANT SUSPECTED OF HAVING MENTAL ILLNESS OR
1-10 MENTAL RETARDATION. (a) Not later than 72 hours after receiving
1-11 [If a sheriff provides to a magistrate] evidence or a statement
1-12 that may establish [establishes] reasonable cause to believe that a
1-13 defendant committed to the sheriff's custody has a mental illness
1-14 or is a person with [mental illness or] mental retardation, the
1-15 sheriff shall notify a magistrate of that fact. A defendant's
1-16 behavior or the result of a prior evaluation indicating a need for
1-17 referral for further mental health or mental retardation assessment
1-18 must be considered in determining whether reasonable cause exists
1-19 to believe the defendant has a mental illness or is a person with
1-20 mental retardation. On a determination that there is reasonable
1-21 cause to believe that the defendant has a mental illness or is a
1-22 person with mental retardation, the magistrate shall order an
1-23 examination of the defendant by a disinterested expert experienced
1-24 and qualified in mental health or mental retardation to determine
2-1 whether the defendant has a mental illness as defined by Section
2-2 571.003, Health and Safety Code, or is a person with mental
2-3 retardation as defined by Section 591.003, Health and Safety Code.
2-4 If the defendant fails or refuses to submit to examination, the
2-5 magistrate may order the defendant to custody for examination for a
2-6 reasonable period not to exceed 21 days. The magistrate may not
2-7 order a defendant to a facility operated by the Texas Department of
2-8 Mental Health and Mental Retardation for examination without the
2-9 consent of the head of that facility. If a defendant who has been
2-10 ordered to a facility operated by the Texas Department of Mental
2-11 Health and Mental Retardation for examination remains in the
2-12 facility for a period exceeding 21 days, the head of that facility
2-13 shall cause the defendant to be immediately transported to the
2-14 committing court and placed in the custody of the sheriff of the
2-15 county in which the committing court is located. That county shall
2-16 reimburse the Texas Department of Mental Health and Mental
2-17 Retardation facility for the mileage and per diem expenses of the
2-18 personnel required to transport the defendant calculated in
2-19 accordance with the state travel regulations in effect at the time.
2-20 (b) A written report of the examination shall be submitted
2-21 to the magistrate within 30 days of the order of examination, and
2-22 the magistrate shall furnish copies of the report to the defense
2-23 counsel and the prosecuting attorney. The report shall include a
2-24 description of the procedures used in the examination, the
2-25 examiner's observations and findings pertaining to whether the
2-26 defendant is a person who has a mental illness or is a person with
2-27 mental retardation, and recommended treatment [under Section 3(b),
3-1 Article 46.02, of this code and, if necessary, the transfer of the
3-2 defendant to the nearest appropriate mental health or mental
3-3 retardation facility in the manner provided by Section 3(b),
3-4 Article 46.02, of this code].
3-5 (c) [(b)] After the court receives the examining expert's
3-6 report relating to the defendant under Subsection (b) [Section
3-7 3(d), Article 46.02, of this code], the court may resume the
3-8 criminal proceedings against the defendant or [further] competency
3-9 proceedings, if required, as provided by Article 46.02 of this
3-10 code.
3-11 SECTION 2. Subsections (b) and (c), Article 17.032, Code of
3-12 Criminal Procedure, are amended to read as follows:
3-13 (b) A magistrate shall release a defendant on personal bond
3-14 unless good cause is shown otherwise or if the:
3-15 (1) defendant is not charged with and has not been
3-16 previously convicted of a violent offense;
3-17 (2) defendant is examined by a mental health expert
3-18 under [Section 3(b),] Article 16.22 [46.02] of this code;
3-19 (3) examining expert, in a report submitted to the
3-20 magistrate under [Section 3(d),] Article 16.22 [46.02,] of this
3-21 code:
3-22 (A) concludes that the defendant has a mental
3-23 illness or is a person with mental retardation [is mentally ill]
3-24 and is nonetheless competent to stand trial; and
3-25 (B) recommends mental health treatment for the
3-26 defendant; and
3-27 (4) magistrate determines, in consultation with a
4-1 local mental health or mental retardation services provider, that
4-2 appropriate mental health or mental retardation services for the
4-3 defendant are available through the Texas Department of Mental
4-4 Health and Mental Retardation under Section 534.053, Health and
4-5 Safety Code, or through another mental health or mental retardation
4-6 services provider.
4-7 (c) The magistrate, unless good cause is shown for not
4-8 requiring treatment, shall [may] require as a condition of release
4-9 on personal bond under this article that the defendant submit to
4-10 outpatient or inpatient mental health or mental retardation
4-11 treatment if the defendant's:
4-12 (1) mental illness or mental retardation is chronic in
4-13 nature; or
4-14 (2) ability to function independently will continue to
4-15 deteriorate if the defendant is not treated.
4-16 SECTION 3. Section 11(d), Article 42.12, Code of Criminal
4-17 Procedure, is amended to read as follows:
4-18 (d) If the judge places a defendant on community supervision
4-19 and the defendant is determined to have a mental illness or be a
4-20 person with mental retardation [be mentally ill] by an examining
4-21 expert under Article 16.22 or Section 3, Article 46.02, of this
4-22 code or in a psychological evaluation conducted under Section 9(i)
4-23 of this article, the judge may require the defendant as a condition
4-24 of community supervision to submit to outpatient or inpatient
4-25 mental health or mental retardation treatment if the:
4-26 (1) defendant's:
4-27 (A) mental impairment [illness] is chronic in
5-1 nature; or
5-2 (B) ability to function independently will
5-3 continue to deteriorate if the defendant does not receive mental
5-4 health or mental retardation services [is not treated]; and
5-5 (2) judge determines, in consultation with a local
5-6 mental health or mental retardation services provider, that
5-7 appropriate mental health or mental retardation services for the
5-8 defendant are available through the Texas Department of Mental
5-9 Health and Mental Retardation under Section 534.053, Health and
5-10 Safety Code, or through another mental health or mental retardation
5-11 services provider.
5-12 SECTION 4. Sections 415.037(a) and (c), Government Code, are
5-13 amended to read as follows:
5-14 (a) The commission may certify a sheriff, sheriff's deputy,
5-15 constable, or other peace officer, or a justice of the peace[,
5-16 constable, or municipal police officer] as a special officer for
5-17 offenders with mental impairments [mental health assignment] if the
5-18 [peace] officer has:
5-19 (1) successfully completed a training course in
5-20 emergency first aid and lifesaving techniques approved by the
5-21 commission;
5-22 (2) successfully completed a training course on
5-23 offenders with mental impairments [in mental health issues]
5-24 administered by the commission; and
5-25 (3) passed an examination administered by the
5-26 commission that is designed to test the officer's:
5-27 (A) knowledge and recognition of the
6-1 characteristics and symptoms of mental illness, mental retardation,
6-2 and mental disabilities; and
6-3 (B) knowledge of mental health crisis
6-4 intervention strategies for people with mental impairments.
6-5 (c) The commission by rule may establish minimum
6-6 requirements for the training, testing, and certification of
6-7 special officers for offenders with mental impairments [mental
6-8 health assignment].
6-9 SECTION 5. Section 574.035(a), Health and Safety Code, is
6-10 amended to read as follows:
6-11 (a) The jury, or the judge if the right to a jury is waived,
6-12 may determine that a proposed patient requires court-ordered
6-13 extended mental health services only if the jury or judge finds,
6-14 from clear and convincing evidence, that:
6-15 (1) the proposed patient is mentally ill;
6-16 (2) as a result of that mental illness the proposed
6-17 patient:
6-18 (A) is likely to cause serious harm to himself;
6-19 (B) is likely to cause serious harm to others;
6-20 or
6-21 (C) will, if not treated, continue to suffer
6-22 severe and abnormal mental, emotional, or physical distress, will
6-23 continue to experience deterioration of his ability to function
6-24 independently, and is unable to make a rational and informed
6-25 decision as to whether or not to submit to treatment;
6-26 (3) the proposed patient's condition is expected to
6-27 continue for more than 90 days; and
7-1 (4) the proposed patient has received court-ordered
7-2 inpatient mental health services under this subtitle or under
7-3 [Section 5,] Article 46.02, Code of Criminal Procedure, for at
7-4 least 60 consecutive days during the preceding 12 months.
7-5 SECTION 6. Section 614.007, Health and Safety Code, is
7-6 amended to read as follows:
7-7 Sec. 614.007. POWERS AND DUTIES. The council shall:
7-8 (1) determine the status of offenders with mental
7-9 impairments in the state criminal justice system;
7-10 (2) identify needed services for offenders with mental
7-11 impairments;
7-12 (3) develop a plan for meeting the treatment,
7-13 rehabilitative, and educational needs of offenders with mental
7-14 impairments that includes a case management system and the
7-15 development of community-based alternatives to incarceration;
7-16 (4) cooperate in coordinating procedures of
7-17 represented agencies for the orderly provision of services for
7-18 offenders with mental impairments;
7-19 (5) evaluate programs in this state and outside this
7-20 state for offenders with mental impairments and recommend to the
7-21 directors of state programs methods of improving the programs;
7-22 (6) collect and disseminate information about
7-23 available programs to judicial officers, law enforcement officers,
7-24 probation and parole officers, providers of social services or
7-25 treatment, and the public;
7-26 (7) provide technical assistance to represented
7-27 agencies and organizations in the development of appropriate
8-1 training programs;
8-2 (8) apply for and receive money made available by the
8-3 federal or state government or by any other public or private
8-4 source to be used by the council to perform its duties;
8-5 (9) distribute to political subdivisions, private
8-6 organizations, or other persons money appropriated by the
8-7 legislature to be used for the development, operation, or
8-8 evaluation of programs for offenders with mental impairments;
8-9 (10) develop and implement pilot projects to
8-10 demonstrate a cooperative program to identify, evaluate, and manage
8-11 outside of incarceration offenders with mental impairments [who do
8-12 not have an instant offense that is an offense described in
8-13 Section 3g, Article 42.12, Code of Criminal Procedure]; and
8-14 (11) assess the need for demonstration projects and
8-15 provide management for approved projects.
8-16 SECTION 7. Sections 614.013(a) and (c), Health and Safety
8-17 Code, are amended to read as follows:
8-18 (a) The Texas Department of Criminal Justice, the Texas
8-19 Department of Mental Health and Mental Retardation, [and]
8-20 representatives of local mental health or mental retardation
8-21 authorities appointed by the commissioner of the Texas Department
8-22 of Mental Health and Mental Retardation, and the directors of
8-23 community supervision and corrections departments by rule shall
8-24 adopt a memorandum of understanding that establishes their
8-25 respective responsibilities to institute a continuity of care and
8-26 service program for offenders with mental impairments in the
8-27 criminal justice system. The council shall coordinate and monitor
9-1 the development and implementation of the memorandum of
9-2 understanding.
9-3 (c) The Texas Department of Criminal Justice, the Texas
9-4 Department of Mental Health and Mental Retardation, [and] local
9-5 mental health or mental retardation authorities, and community
9-6 supervision and corrections departments shall:
9-7 (1) operate the continuity of care and service program
9-8 for offenders with mental impairments in the criminal justice
9-9 system with funds appropriated for that purpose; and
9-10 (2) actively seek federal grants or funds to operate
9-11 and expand the program.
9-12 SECTION 8. Section 614.017, Health and Safety Code, is
9-13 amended to read as follows:
9-14 Sec. 614.017. EXCHANGE OF INFORMATION. (a) An
9-15 agency authorized by this chapter to provide continuity of care for
9-16 a special needs offender may:
9-17 (1) receive information relating to a special needs
9-18 offender [a convicted felon] regardless of whether other state law
9-19 makes that information confidential, if the agency receives the
9-20 information to further the purposes of this chapter; or
9-21 (2) disclose information relating to a special needs
9-22 offender [convicted felon], including information about the
9-23 offender's [felon's] identity, needs, treatment, social, criminal,
9-24 and vocational history, and medical and mental health history, if
9-25 the agency discloses the information to further the purposes of
9-26 this chapter.
9-27 (b) This section is not intended to conflict with a federal
10-1 law that restricts the disclosure of information described by
10-2 Subsection (a).
10-3 (c) In this section:
10-4 (1) "Agency" includes a division within an agency, a
10-5 person with an agency relationship with an agency, and a person who
10-6 contracts with an agency.
10-7 (2) "Special needs offender" means a convicted felon
10-8 or an individual who is placed on community supervision after a
10-9 grant of deferred adjudication under Section 5, Article 42.12, Code
10-10 of Criminal Procedure.
10-11 SECTION 9. Chapter 614, Health and Safety Code, is amended
10-12 by adding Section 614.018 to read as follows:
10-13 Sec. 614.018. COUNTY JAIL MEDICAL AND PSYCHOLOGICAL
10-14 ASSESSMENTS. (a) The council in cooperation with the Commission
10-15 on Jail Standards, the Texas Department of Mental Health and Mental
10-16 Retardation, and the Texas Department of Criminal Justice shall
10-17 conduct a study to determine the manner in which medical and
10-18 psychological assessments are conducted in county jails.
10-19 (b) The study must include an examination of:
10-20 (1) the numbers of medical and psychological
10-21 assessments conducted on inmates confined in county jails;
10-22 (2) the entities responsible for conducting the
10-23 assessments;
10-24 (3) the processes for sharing assessment information
10-25 between political subdivisions and state agencies; and
10-26 (4) the costs and benefits of assessments.
10-27 (c) In conducting the study under this section, the council
11-1 shall actively seek the input of representatives from county
11-2 governments who are involved in the assessment of county jail
11-3 inmates.
11-4 (d) The council shall file a copy of the study, a synopsis
11-5 of the results of the study, and the council's recommendations with
11-6 the legislature not later than February 1, 1999.
11-7 (e) This section expires March 1, 1999.
11-8 SECTION 10. This Act takes effect September 1, 1997.
11-9 SECTION 11. The importance of this legislation and the
11-10 crowded condition of the calendars in both houses create an
11-11 emergency and an imperative public necessity that the
11-12 constitutional rule requiring bills to be read on three several
11-13 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1747 was passed by the House on April
17, 1997, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 1747 on May 13, 1997, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1747 was passed by the Senate, with
amendments, on May 8, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor