By Place H.B. No. 1747
75R6219 GWK-F
A BILL TO BE ENTITLED
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. (a) Not later than 72 hours after
1-10 receiving [If a sheriff provides to a magistrate] evidence or a
1-11 statement that establishes reasonable cause to believe that a
1-12 defendant committed to the sheriff's custody has a mental illness
1-13 or is a person with [mental illness or] mental retardation, the
1-14 sheriff shall notify a magistrate of that fact. The magistrate
1-15 shall order an examination of the defendant by a disinterested
1-16 expert experienced and qualified in mental health or mental
1-17 retardation to determine whether the defendant has a mental illness
1-18 as defined by Section 571.003, Health and Safety Code, or is a
1-19 person with mental retardation as defined by Section 591.003,
1-20 Health and Safety Code. If the defendant fails or refuses to
1-21 submit to examination, the magistrate may order the defendant to
1-22 custody for examination for a reasonable period not to exceed 21
1-23 days. The magistrate may not order a defendant to a facility
1-24 operated by the Texas Department of Mental Health and Mental
2-1 Retardation for examination without the consent of the head of that
2-2 facility or for a period exceeding 21 days. If a defendant who has
2-3 been ordered to a facility operated by the Texas Department of
2-4 Mental Health and Mental Retardation for examination remains in the
2-5 facility for a period exceeding 21 days, the head of that facility
2-6 shall cause the defendant to be immediately transported to the
2-7 committing court and placed in the custody of the sheriff of the
2-8 county in which the committing court is located. That county shall
2-9 reimburse the Texas Department of Mental Health and Mental
2-10 Retardation facility for the mileage and per diem expenses of the
2-11 personnel required to transport the defendant calculated in
2-12 accordance with the state travel regulations in effect at the time.
2-13 (b) A written report of the examination shall be submitted
2-14 to the magistrate within 30 days of the order of examination, and
2-15 the magistrate shall furnish copies of the report to the defense
2-16 counsel and the prosecuting attorney. The report shall include a
2-17 description of the procedures used in the examination, the
2-18 examiner's observations and findings pertaining to whether the
2-19 defendant is a person with mental illness or is mentally retarded,
2-20 and recommended treatment [under Section 3(b), Article 46.02, of
2-21 this code and, if necessary, the transfer of the defendant to the
2-22 nearest appropriate mental health or mental retardation facility in
2-23 the manner provided by Section 3(b), Article 46.02, of this code].
2-24 (c) [(b)] After the court receives the examining expert's
2-25 report relating to the defendant under Subsection (b) of this
2-26 section [Section 3(d), Article 46.02, of this code], the court may
2-27 resume the criminal proceedings against the defendant or [further]
3-1 competency proceedings, if required, as provided by Article 46.02
3-2 of this code.
3-3 SECTION 2. Subsections (b) and (c), Article 17.032, Code of
3-4 Criminal Procedure, are amended to read as follows:
3-5 (b) A magistrate shall release a defendant on personal bond
3-6 if the:
3-7 (1) defendant is not charged with and has not been
3-8 previously convicted of a violent offense;
3-9 (2) defendant is examined by a mental health expert
3-10 under [Section 3(b),] Article 16.22 [46.02] of this code;
3-11 (3) examining expert, in a report submitted to the
3-12 magistrate under [Section 3(d),] Article 16.22 [46.02,] of this
3-13 code:
3-14 (A) concludes that the defendant has a mental
3-15 illness or is a person with mental retardation [is mentally ill]
3-16 and is nonetheless competent to stand trial; and
3-17 (B) recommends mental health treatment for the
3-18 defendant; and
3-19 (4) magistrate determines, in consultation with a
3-20 local mental health services provider, that appropriate mental
3-21 health services for the defendant are available through the Texas
3-22 Department of Mental Health and Mental Retardation under Section
3-23 534.053, Health and Safety Code, or through another mental health
3-24 services provider.
3-25 (c) The magistrate, unless good cause is shown for not
3-26 requiring treatment, shall [may] require as a condition of release
3-27 on personal bond under this article that the defendant submit to
4-1 outpatient or inpatient mental health treatment if the defendant's:
4-2 (1) mental illness is chronic in nature; or
4-3 (2) ability to function independently will continue to
4-4 deteriorate if the defendant is not treated.
4-5 SECTION 3. Section 11(d), Article 42.12, Code of Criminal
4-6 Procedure, is amended to read as follows:
4-7 (d) If the judge places a defendant on community supervision
4-8 and the defendant is determined to have a mental illness or be a
4-9 person with mental retardation [be mentally ill] by an examining
4-10 expert under Article 16.22 or Section 3, Article 46.02, of this
4-11 code or in a psychological evaluation conducted under Section 9(i)
4-12 of this article, the judge may require the defendant as a condition
4-13 of community supervision to submit to outpatient or inpatient
4-14 mental health treatment if the:
4-15 (1) defendant's:
4-16 (A) mental impairment [illness] is chronic in
4-17 nature; or
4-18 (B) ability to function independently will
4-19 continue to deteriorate if the defendant does not receive mental
4-20 health services [is not treated]; and
4-21 (2) judge determines, in consultation with a local
4-22 mental health services provider, that appropriate mental health
4-23 services for the defendant are available through the Texas
4-24 Department of Mental Health and Mental Retardation under Section
4-25 534.053, Health and Safety Code, or through another mental health
4-26 services provider.
4-27 SECTION 4. Sections 415.037(a) and (c), Government Code, are
5-1 amended to read as follows:
5-2 (a) The commission may certify a sheriff, sheriff's deputy,
5-3 constable, or other peace officer, or a justice of the peace[,
5-4 constable, or municipal police officer] as a special officer for
5-5 offenders with mental impairments [mental health assignment] if the
5-6 [peace] officer has:
5-7 (1) successfully completed a training course in
5-8 emergency first aid and lifesaving techniques approved by the
5-9 commission;
5-10 (2) successfully completed a training course on
5-11 offenders with mental impairments [in mental health issues]
5-12 administered by the commission; and
5-13 (3) passed an examination administered by the
5-14 commission that is designed to test the officer's:
5-15 (A) knowledge and recognition of the
5-16 characteristics and symptoms of mental illness, mental retardation,
5-17 and mental disabilities; and
5-18 (B) knowledge of mental health crisis
5-19 intervention strategies for people with mental impairments.
5-20 (c) The commission by rule may establish minimum
5-21 requirements for the training, testing, and certification of
5-22 special officers for offenders with mental impairments [mental
5-23 health assignment].
5-24 SECTION 5. Section 574.035(a), Health and Safety Code, is
5-25 amended to read as follows:
5-26 (a) The jury, or the judge if the right to a jury is waived,
5-27 may determine that a proposed patient requires court-ordered
6-1 extended mental health services only if the jury or judge finds,
6-2 from clear and convincing evidence, that:
6-3 (1) the proposed patient is mentally ill;
6-4 (2) as a result of that mental illness the proposed
6-5 patient:
6-6 (A) is likely to cause serious harm to himself;
6-7 (B) is likely to cause serious harm to others;
6-8 or
6-9 (C) will, if not treated, continue to suffer
6-10 severe and abnormal mental, emotional, or physical distress, will
6-11 continue to experience deterioration of his ability to function
6-12 independently, and is unable to make a rational and informed
6-13 decision as to whether or not to submit to treatment;
6-14 (3) the proposed patient's condition is expected to
6-15 continue for more than 90 days; and
6-16 (4) the proposed patient has received court-ordered
6-17 inpatient mental health services under this subtitle or under
6-18 [Section 5,] Article 46.02, Code of Criminal Procedure, for at
6-19 least 60 consecutive days during the preceding 12 months.
6-20 SECTION 6. Section 614.007, Health and Safety Code, is
6-21 amended to read as follows:
6-22 Sec. 614.007. POWERS AND DUTIES. The council shall:
6-23 (1) determine the status of offenders with mental
6-24 impairments in the state criminal justice system;
6-25 (2) identify needed services for offenders with mental
6-26 impairments;
6-27 (3) develop a plan for meeting the treatment,
7-1 rehabilitative, and educational needs of offenders with mental
7-2 impairments that includes a case management system and the
7-3 development of community-based alternatives to incarceration;
7-4 (4) cooperate in coordinating procedures of
7-5 represented agencies for the orderly provision of services for
7-6 offenders with mental impairments;
7-7 (5) evaluate programs in this state and outside this
7-8 state for offenders with mental impairments and recommend to the
7-9 directors of state programs methods of improving the programs;
7-10 (6) collect and disseminate information about
7-11 available programs to judicial officers, law enforcement officers,
7-12 probation and parole officers, providers of social services or
7-13 treatment, and the public;
7-14 (7) provide technical assistance to represented
7-15 agencies and organizations in the development of appropriate
7-16 training programs;
7-17 (8) apply for and receive money made available by the
7-18 federal or state government or by any other public or private
7-19 source to be used by the council to perform its duties;
7-20 (9) distribute to political subdivisions, private
7-21 organizations, or other persons money appropriated by the
7-22 legislature to be used for the development, operation, or
7-23 evaluation of programs for offenders with mental impairments;
7-24 (10) develop and implement pilot projects to
7-25 demonstrate a cooperative program to identify, evaluate, and manage
7-26 outside of incarceration offenders with mental impairments [who do
7-27 not have an instant offense that is an offense described in
8-1 Section 3g, Article 42.12, Code of Criminal Procedure]; and
8-2 (11) assess the need for demonstration projects and
8-3 provide management for approved projects.
8-4 SECTION 7. Sections 614.013(a) and (c), Health and Safety
8-5 Code, are amended to read as follows:
8-6 (a) The Texas Department of Criminal Justice, the Texas
8-7 Department of Mental Health and Mental Retardation, [and]
8-8 representatives of local mental health or mental retardation
8-9 authorities appointed by the commissioner of the Texas Department
8-10 of Mental Health and Mental Retardation, and the directors of
8-11 community supervision and corrections departments by rule shall
8-12 adopt a memorandum of understanding that establishes their
8-13 respective responsibilities to institute a continuity of care and
8-14 service program for offenders with mental impairments in the
8-15 criminal justice system. The council shall coordinate and monitor
8-16 the development and implementation of the memorandum of
8-17 understanding.
8-18 (c) The Texas Department of Criminal Justice, the Texas
8-19 Department of Mental Health and Mental Retardation, [and] local
8-20 mental health or mental retardation authorities, and community
8-21 supervision and corrections departments shall:
8-22 (1) operate the continuity of care and service program
8-23 for offenders with mental impairments in the criminal justice
8-24 system with funds appropriated for that purpose; and
8-25 (2) actively seek federal grants or funds to operate
8-26 and expand the program.
8-27 SECTION 8. Section 614.017, Health and Safety Code, is
9-1 amended to read as follows:
9-2 Sec. 614.017. EXCHANGE OF INFORMATION. (a) An
9-3 agency authorized by this chapter to provide continuity of care for
9-4 a special needs offender may:
9-5 (1) receive information relating to a special needs
9-6 offender [a convicted felon] regardless of whether other state law
9-7 makes that information confidential, if the agency receives the
9-8 information to further the purposes of this chapter; or
9-9 (2) disclose information relating to a special needs
9-10 offender [convicted felon], including information about the
9-11 offender's [felon's] identity, needs, treatment, social, criminal,
9-12 and vocational history, and medical and mental health history, if
9-13 the agency discloses the information to further the purposes of
9-14 this chapter.
9-15 (b) This section is not intended to conflict with a federal
9-16 law that restricts the disclosure of information described by
9-17 Subsection (a).
9-18 (c) In this section:
9-19 (1) "Agency" includes a division within an agency, a
9-20 person with an agency relationship with an agency, and a person who
9-21 contracts with an agency.
9-22 (2) "Special needs offender" means a convicted felon
9-23 or an individual who is placed on community supervision after a
9-24 grant of deferred adjudication under Section 5, Article 42.12, Code
9-25 of Criminal Procedure.
9-26 SECTION 9. This Act takes effect September 1, 1997.
9-27 SECTION 10. The importance of this legislation and the
10-1 crowded condition of the calendars in both houses create an
10-2 emergency and an imperative public necessity that the
10-3 constitutional rule requiring bills to be read on three several
10-4 days in each house be suspended, and this rule is hereby suspended.