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.

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