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.