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