1-1 By: Place (Senate Sponsor - Moncrief) H.B. No. 1747
1-2 (In the Senate - Received from the House April 18, 1997;
1-3 April 22, 1997, read first time and referred to Committee on
1-4 Criminal Justice; May 7, 1997, reported favorably by the following
1-5 vote: Yeas 6, Nays 0; May 7, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to procedures to deal with an individual who is in the
1-9 criminal justice system and who has a mental illness or is a person
1-10 with mental retardation.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Article 16.22, Code of Criminal Procedure, is
1-13 amended to read as follows:
1-14 Art. 16.22. EXAMINATION AND TRANSFER OF [SUSPECTED MENTALLY
1-15 ILL OR RETARDED] DEFENDANT SUSPECTED OF HAVING MENTAL ILLNESS OR
1-16 MENTAL RETARDATION. (a) Not later than 72 hours after receiving
1-17 [If a sheriff provides to a magistrate] evidence or a statement
1-18 that may establish [establishes] reasonable cause to believe that a
1-19 defendant committed to the sheriff's custody has a mental illness
1-20 or is a person with [mental illness or] mental retardation, the
1-21 sheriff shall notify a magistrate of that fact. A defendant's
1-22 behavior or the result of a prior evaluation indicating a need for
1-23 referral for further mental health or mental retardation assessment
1-24 must be considered in determining whether reasonable cause exists
1-25 to believe the defendant has a mental illness or is a person with
1-26 mental retardation. On a determination that there is reasonable
1-27 cause to believe that the defendant has a mental illness or is a
1-28 person with mental retardation, the magistrate shall order an
1-29 examination of the defendant by a disinterested expert experienced
1-30 and qualified in mental health or mental retardation to determine
1-31 whether the defendant has a mental illness as defined by Section
1-32 571.003, Health and Safety Code, or is a person with mental
1-33 retardation as defined by Section 591.003, Health and Safety Code.
1-34 If the defendant fails or refuses to submit to examination, the
1-35 magistrate may order the defendant to custody for examination for a
1-36 reasonable period not to exceed 21 days. The magistrate may not
1-37 order a defendant to a facility operated by the Texas Department of
1-38 Mental Health and Mental Retardation for examination without the
1-39 consent of the head of that facility. If a defendant who has been
1-40 ordered to a facility operated by the Texas Department of Mental
1-41 Health and Mental Retardation for examination remains in the
1-42 facility for a period exceeding 21 days, the head of that facility
1-43 shall cause the defendant to be immediately transported to the
1-44 committing court and placed in the custody of the sheriff of the
1-45 county in which the committing court is located. That county shall
1-46 reimburse the Texas Department of Mental Health and Mental
1-47 Retardation facility for the mileage and per diem expenses of the
1-48 personnel required to transport the defendant calculated in
1-49 accordance with the state travel regulations in effect at the time.
1-50 (b) A written report of the examination shall be submitted
1-51 to the magistrate within 30 days of the order of examination, and
1-52 the magistrate shall furnish copies of the report to the defense
1-53 counsel and the prosecuting attorney. The report shall include a
1-54 description of the procedures used in the examination, the
1-55 examiner's observations and findings pertaining to whether the
1-56 defendant is a person who has a mental illness or is a person with
1-57 mental retardation, and recommended treatment [under Section 3(b),
1-58 Article 46.02, of this code and, if necessary, the transfer of the
1-59 defendant to the nearest appropriate mental health or mental
1-60 retardation facility in the manner provided by Section 3(b),
1-61 Article 46.02, of this code].
1-62 (c) [(b)] After the court receives the examining expert's
1-63 report relating to the defendant under Subsection (b) [Section
1-64 3(d), Article 46.02, of this code], the court may resume the
2-1 criminal proceedings against the defendant or [further] competency
2-2 proceedings, if required, as provided by Article 46.02 of this
2-3 code.
2-4 SECTION 2. Subsections (b) and (c), Article 17.032, Code of
2-5 Criminal Procedure, are amended to read as follows:
2-6 (b) A magistrate shall release a defendant on personal bond
2-7 if the:
2-8 (1) defendant is not charged with and has not been
2-9 previously convicted of a violent offense;
2-10 (2) defendant is examined by a mental health expert
2-11 under [Section 3(b),] Article 16.22 [46.02] of this code;
2-12 (3) examining expert, in a report submitted to the
2-13 magistrate under [Section 3(d),] Article 16.22 [46.02,] of this
2-14 code:
2-15 (A) concludes that the defendant has a mental
2-16 illness or is a person with mental retardation [is mentally ill]
2-17 and is nonetheless competent to stand trial; and
2-18 (B) recommends mental health treatment for the
2-19 defendant; and
2-20 (4) magistrate determines, in consultation with a
2-21 local mental health or mental retardation services provider, that
2-22 appropriate mental health or mental retardation services for the
2-23 defendant are available through the Texas Department of Mental
2-24 Health and Mental Retardation under Section 534.053, Health and
2-25 Safety Code, or through another mental health or mental retardation
2-26 services provider.
2-27 (c) The magistrate, unless good cause is shown for not
2-28 requiring treatment, shall [may] require as a condition of release
2-29 on personal bond under this article that the defendant submit to
2-30 outpatient or inpatient mental health or mental retardation
2-31 treatment if the defendant's:
2-32 (1) mental illness or mental retardation is chronic in
2-33 nature; or
2-34 (2) ability to function independently will continue to
2-35 deteriorate if the defendant is not treated.
2-36 SECTION 3. Section 11(d), Article 42.12, Code of Criminal
2-37 Procedure, is amended to read as follows:
2-38 (d) If the judge places a defendant on community supervision
2-39 and the defendant is determined to have a mental illness or be a
2-40 person with mental retardation [be mentally ill] by an examining
2-41 expert under Article 16.22 or Section 3, Article 46.02, of this
2-42 code or in a psychological evaluation conducted under Section 9(i)
2-43 of this article, the judge may require the defendant as a condition
2-44 of community supervision to submit to outpatient or inpatient
2-45 mental health or mental retardation treatment if the:
2-46 (1) defendant's:
2-47 (A) mental impairment [illness] is chronic in
2-48 nature; or
2-49 (B) ability to function independently will
2-50 continue to deteriorate if the defendant does not receive mental
2-51 health or mental retardation services [is not treated]; and
2-52 (2) judge determines, in consultation with a local
2-53 mental health or mental retardation services provider, that
2-54 appropriate mental health or mental retardation services for the
2-55 defendant are available through the Texas Department of Mental
2-56 Health and Mental Retardation under Section 534.053, Health and
2-57 Safety Code, or through another mental health or mental retardation
2-58 services provider.
2-59 SECTION 4. Sections 415.037(a) and (c), Government Code, are
2-60 amended to read as follows:
2-61 (a) The commission may certify a sheriff, sheriff's deputy,
2-62 constable, or other peace officer, or a justice of the peace[,
2-63 constable, or municipal police officer] as a special officer for
2-64 offenders with mental impairments [mental health assignment] if the
2-65 [peace] officer has:
2-66 (1) successfully completed a training course in
2-67 emergency first aid and lifesaving techniques approved by the
2-68 commission;
2-69 (2) successfully completed a training course on
3-1 offenders with mental impairments [in mental health issues]
3-2 administered by the commission; and
3-3 (3) passed an examination administered by the
3-4 commission that is designed to test the officer's:
3-5 (A) knowledge and recognition of the
3-6 characteristics and symptoms of mental illness, mental retardation,
3-7 and mental disabilities; and
3-8 (B) knowledge of mental health crisis
3-9 intervention strategies for people with mental impairments.
3-10 (c) The commission by rule may establish minimum
3-11 requirements for the training, testing, and certification of
3-12 special officers for offenders with mental impairments [mental
3-13 health assignment].
3-14 SECTION 5. Section 574.035(a), Health and Safety Code, is
3-15 amended to read as follows:
3-16 (a) The jury, or the judge if the right to a jury is waived,
3-17 may determine that a proposed patient requires court-ordered
3-18 extended mental health services only if the jury or judge finds,
3-19 from clear and convincing evidence, that:
3-20 (1) the proposed patient is mentally ill;
3-21 (2) as a result of that mental illness the proposed
3-22 patient:
3-23 (A) is likely to cause serious harm to himself;
3-24 (B) is likely to cause serious harm to others;
3-25 or
3-26 (C) will, if not treated, continue to suffer
3-27 severe and abnormal mental, emotional, or physical distress, will
3-28 continue to experience deterioration of his ability to function
3-29 independently, and is unable to make a rational and informed
3-30 decision as to whether or not to submit to treatment;
3-31 (3) the proposed patient's condition is expected to
3-32 continue for more than 90 days; and
3-33 (4) the proposed patient has received court-ordered
3-34 inpatient mental health services under this subtitle or under
3-35 [Section 5,] Article 46.02, Code of Criminal Procedure, for at
3-36 least 60 consecutive days during the preceding 12 months.
3-37 SECTION 6. Section 614.007, Health and Safety Code, is
3-38 amended to read as follows:
3-39 Sec. 614.007. POWERS AND DUTIES. The council shall:
3-40 (1) determine the status of offenders with mental
3-41 impairments in the state criminal justice system;
3-42 (2) identify needed services for offenders with mental
3-43 impairments;
3-44 (3) develop a plan for meeting the treatment,
3-45 rehabilitative, and educational needs of offenders with mental
3-46 impairments that includes a case management system and the
3-47 development of community-based alternatives to incarceration;
3-48 (4) cooperate in coordinating procedures of
3-49 represented agencies for the orderly provision of services for
3-50 offenders with mental impairments;
3-51 (5) evaluate programs in this state and outside this
3-52 state for offenders with mental impairments and recommend to the
3-53 directors of state programs methods of improving the programs;
3-54 (6) collect and disseminate information about
3-55 available programs to judicial officers, law enforcement officers,
3-56 probation and parole officers, providers of social services or
3-57 treatment, and the public;
3-58 (7) provide technical assistance to represented
3-59 agencies and organizations in the development of appropriate
3-60 training programs;
3-61 (8) apply for and receive money made available by the
3-62 federal or state government or by any other public or private
3-63 source to be used by the council to perform its duties;
3-64 (9) distribute to political subdivisions, private
3-65 organizations, or other persons money appropriated by the
3-66 legislature to be used for the development, operation, or
3-67 evaluation of programs for offenders with mental impairments;
3-68 (10) develop and implement pilot projects to
3-69 demonstrate a cooperative program to identify, evaluate, and manage
4-1 outside of incarceration offenders with mental impairments [who do
4-2 not have an instant offense that is an offense described in
4-3 Section 3g, Article 42.12, Code of Criminal Procedure]; and
4-4 (11) assess the need for demonstration projects and
4-5 provide management for approved projects.
4-6 SECTION 7. Sections 614.013(a) and (c), Health and Safety
4-7 Code, are amended to read as follows:
4-8 (a) The Texas Department of Criminal Justice, the Texas
4-9 Department of Mental Health and Mental Retardation, [and]
4-10 representatives of local mental health or mental retardation
4-11 authorities appointed by the commissioner of the Texas Department
4-12 of Mental Health and Mental Retardation, and the directors of
4-13 community supervision and corrections departments by rule shall
4-14 adopt a memorandum of understanding that establishes their
4-15 respective responsibilities to institute a continuity of care and
4-16 service program for offenders with mental impairments in the
4-17 criminal justice system. The council shall coordinate and monitor
4-18 the development and implementation of the memorandum of
4-19 understanding.
4-20 (c) The Texas Department of Criminal Justice, the Texas
4-21 Department of Mental Health and Mental Retardation, [and] local
4-22 mental health or mental retardation authorities, and community
4-23 supervision and corrections departments shall:
4-24 (1) operate the continuity of care and service program
4-25 for offenders with mental impairments in the criminal justice
4-26 system with funds appropriated for that purpose; and
4-27 (2) actively seek federal grants or funds to operate
4-28 and expand the program.
4-29 SECTION 8. Section 614.017, Health and Safety Code, is
4-30 amended to read as follows:
4-31 Sec. 614.017. EXCHANGE OF INFORMATION. (a) An
4-32 agency authorized by this chapter to provide continuity of care for
4-33 a special needs offender may:
4-34 (1) receive information relating to a special needs
4-35 offender [a convicted felon] regardless of whether other state law
4-36 makes that information confidential, if the agency receives the
4-37 information to further the purposes of this chapter; or
4-38 (2) disclose information relating to a special needs
4-39 offender [convicted felon], including information about the
4-40 offender's [felon's] identity, needs, treatment, social, criminal,
4-41 and vocational history, and medical and mental health history, if
4-42 the agency discloses the information to further the purposes of
4-43 this chapter.
4-44 (b) This section is not intended to conflict with a federal
4-45 law that restricts the disclosure of information described by
4-46 Subsection (a).
4-47 (c) In this section:
4-48 (1) "Agency" includes a division within an agency, a
4-49 person with an agency relationship with an agency, and a person who
4-50 contracts with an agency.
4-51 (2) "Special needs offender" means a convicted felon
4-52 or an individual who is placed on community supervision after a
4-53 grant of deferred adjudication under Section 5, Article 42.12, Code
4-54 of Criminal Procedure.
4-55 SECTION 9. Chapter 614, Health and Safety Code, is amended
4-56 by adding Section 614.018 to read as follows:
4-57 Sec. 614.018. COUNTY JAIL MEDICAL AND PSYCHOLOGICAL
4-58 ASSESSMENTS. (a) The council in cooperation with the Commission
4-59 on Jail Standards, the Texas Department of Mental Health and Mental
4-60 Retardation, and the Texas Department of Criminal Justice shall
4-61 conduct a study to determine the manner in which medical and
4-62 psychological assessments are conducted in county jails.
4-63 (b) The study must include an examination of:
4-64 (1) the numbers of medical and psychological
4-65 assessments conducted on inmates confined in county jails;
4-66 (2) the entities responsible for conducting the
4-67 assessments;
4-68 (3) the processes for sharing assessment information
4-69 between political subdivisions and state agencies; and
5-1 (4) the costs and benefits of assessments.
5-2 (c) In conducting the study under this section, the council
5-3 shall actively seek the input of representatives from county
5-4 governments who are involved in the assessment of county jail
5-5 inmates.
5-6 (d) The council shall file a copy of the study, a synopsis
5-7 of the results of the study, and the council's recommendations with
5-8 the legislature not later than February 1, 1999.
5-9 (e) This section expires March 1, 1999.
5-10 SECTION 10. This Act takes effect September 1, 1997.
5-11 SECTION 11. The importance of this legislation and the
5-12 crowded condition of the calendars in both houses create an
5-13 emergency and an imperative public necessity that the
5-14 constitutional rule requiring bills to be read on three several
5-15 days in each house be suspended, and this rule is hereby suspended.
5-16 * * * * *