By Greenberg H.B. No. 3468
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to court-ordered mental health services for a sexually
1-3 violent predator.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle C, Title 7, Health and Safety Code, is
1-6 amended by adding Chapter 579 to read as follows:
1-7 CHAPTER 579. COURT-ORDERED MENTAL HEALTH SERVICES
1-8 FOR SEXUALLY VIOLENT PREDATORS
1-9 SUBCHAPTER A. GENERAL PROVISIONS
1-10 Sec. 579.001. DEFINITIONS. In this chapter:
1-11 (1) "Sexually violent predator" means a person who:
1-12 (A) has been:
1-13 (i) convicted of or charged with a
1-14 sexually violent offense;
1-15 (ii) found not guilty of a sexually
1-16 violent offense by reason of insanity; or
1-17 (iii) adjudicated as having engaged as a
1-18 juvenile in delinquent conduct that is classified as a sexually
1-19 violent offense under Subdivision (4); and
1-20 (B) suffers from a mental illness that makes the
1-21 person likely to commit a predatory sexually violent offense.
1-22 (2) "Predatory" means for the primary purpose of
2-1 victimization.
2-2 (3) "Prosecuting attorney" means the county or
2-3 district attorney who prosecutes felony criminal cases in the
2-4 county.
2-5 (4) "Sexually violent offense" means an act that:
2-6 (A) violates any of the following provisions of
2-7 the Penal Code:
2-8 (i) Section 21.11(a);
2-9 (ii) Section 22.011;
2-10 (iii) Section 22.021; or
2-11 (iv) Section 19.03(a)(2), if the person
2-12 commits a murder in the course of committing or attempting to
2-13 commit aggravated sexual assault;
2-14 (B) is a felony in effect before September 1,
2-15 1995, and is comparable to an offense listed in Paragraph (A);
2-16 (C) results in a federal or out-of-state
2-17 conviction for an offense that is comparable to an offense listed
2-18 in Paragraph (A); or
2-19 (D) is an attempt or conspiracy, as defined by
2-20 Chapter 15, Penal Code, to commit an offense listed in this
2-21 subdivision.
2-22 Sec. 579.002. GENERAL APPLICATION OF CHAPTER 574. Except as
2-23 otherwise provided by this chapter, a proceeding for court-ordered
2-24 mental health services for a sexually violent predator is governed
2-25 by Chapter 574.
2-26 Sec. 579.003. POWERS AND DUTIES OF PROSECUTING ATTORNEY;
2-27 COORDINATION. (a) If a prosecuting attorney who receives notice
3-1 under Section 579.021 does not have jurisdiction or is not the
3-2 county or district attorney who normally represents the state in a
3-3 hearing held under this subtitle, the prosecuting attorney may
3-4 assume jurisdiction, if necessary, and represent the state in a
3-5 proceeding under this chapter or may forward the notice to the
3-6 appropriate county or district attorney and request that attorney
3-7 to act for the prosecuting attorney.
3-8 (b) The prosecuting attorney and county or district attorney
3-9 shall coordinate as necessary under this chapter.
3-10 (c) A prosecuting attorney who assumes jurisdiction under
3-11 this chapter has the same powers and duties in a proceeding under
3-12 this chapter as a county or district attorney who normally
3-13 represents the state in a proceeding under this subtitle.
3-14 (Sections 579.004-579.020 reserved for expansion
3-15 SUBCHAPTER B. APPLICATION FOR COMMITMENT
3-16 AND PREHEARING PROCEDURES
3-17 Sec. 579.021. NOTICE TO PROSECUTING ATTORNEY BEFORE RELEASE.
3-18 (a) The appropriate entity as determined by this section shall
3-19 provide notice of the impending release of a person:
3-20 (1) convicted of a sexually violent offense;
3-21 (2) charged with a sexually violent offense;
3-22 (3) found not guilty by reason of insanity; or
3-23 (4) adjudicated as having engaged as a juvenile in
3-24 delinquent conduct that is classified as a sexually violent offense
3-25 under Section 579.001(4).
3-26 (b) Notification under this section must be provided:
3-27 (1) to the prosecuting attorney in the county in which
4-1 the offense was committed and the prosecuting attorney in the
4-2 county in which the person proposes to reside; and
4-3 (2) at least 10 days before the date of release.
4-4 (c) The Board of Pardons and Paroles shall make the
4-5 notification required by this section before releasing a prisoner
4-6 on parole from the institutional division of the Texas Department
4-7 of Criminal Justice.
4-8 (d) The institutional division of the Texas Department of
4-9 Criminal Justice shall make the notification required by this
4-10 section before releasing a prisoner who:
4-11 (1) has completed the term for which the person was
4-12 sentenced; or
4-13 (2) is to be released to mandatory supervision.
4-14 (e) The clerk of the court with authority to release a
4-15 person determined to be incompetent to stand trial under Article
4-16 46.02, Code of Criminal Procedure, or found not guilty by reason of
4-17 insanity under Article 46.03, Code of Criminal Procedure, shall
4-18 make the notification required by this section before releasing the
4-19 person.
4-20 (f) The entity with authority to release a person who has
4-21 been adjudicated as having engaged as a juvenile in delinquent
4-22 conduct that is classified as a sexually violent offense under
4-23 Section 579.001(4) shall make the notification required by this
4-24 section before releasing the person.
4-25 (g) An entity that is required by this section to notify the
4-26 prosecuting attorney of the release of a person shall provide:
4-27 (1) the person's name;
5-1 (2) identifying factors;
5-2 (3) the person's offense history;
5-3 (4) the address where the person expects to reside on
5-4 the person's release;
5-5 (5) treatment received by the person during
5-6 confinement or commitment; and
5-7 (6) documentation of institutional adjustment.
5-8 (h) A prosecuting attorney has notice when an entity listed
5-9 in this section mails the information prescribed by Subsection (g).
5-10 Sec. 579.022. APPLICATION FOR COURT-ORDERED MENTAL HEALTH
5-11 SERVICES FOR SEXUALLY VIOLENT PREDATOR. (a) A prosecuting
5-12 attorney who is entitled to receive a notification under Section
5-13 579.021 may file a sworn written application for court-ordered
5-14 mental health services under this chapter before or after the
5-15 release of the person who is the subject of the notice. In
5-16 addition, a psychiatrist for the institutional division of the
5-17 Texas Department of Criminal Justice may file an application for
5-18 court-ordered mental health services under this chapter in
5-19 accordance with Section 501.057, Government Code.
5-20 (b) An application must be filed with the county clerk in
5-21 the county in which:
5-22 (1) the offense was committed; or
5-23 (2) the proposed patient:
5-24 (A) is confined or detained;
5-25 (B) resides or intends to reside on release;
5-26 (C) is found; or
5-27 (D) is receiving mental health services by court
6-1 order.
6-2 (c) A court may, on request of the proposed patient or the
6-3 proposed patient's attorney and if good cause is shown, transfer an
6-4 application to any other county described by Subsection (b).
6-5 (d) A prosecuting attorney is not required to file a
6-6 certificate of medical examination with the application.
6-7 (e) A psychiatrist or prosecuting attorney who files an
6-8 application under this chapter may include the proposed patient's
6-9 criminal history record information when filing the application or
6-10 may submit that information to the court at a later time. The
6-11 psychiatrist or prosecuting attorney is not required to submit the
6-12 information.
6-13 Sec. 579.023. FORM OF APPLICATION. In addition to the
6-14 information required by Sections 574.002(a) and (b), an application
6-15 under this chapter for court-ordered mental health services must
6-16 contain the following information according to the prosecuting
6-17 attorney's or psychiatrist's information and belief:
6-18 (1) the proposed patient's name and address;
6-19 (2) the proposed patient's county of residence in this
6-20 state;
6-21 (3) a statement alleging that the proposed patient is
6-22 a sexually violent predator and meets the criteria in Section
6-23 579.073 or 579.074 for court-ordered mental health services; and
6-24 (4) information supporting the allegation that the
6-25 proposed patient is a sexually violent predator.
6-26 Sec. 579.024. RELEASE IF REQUIREMENT OF MEDICAL EXAMINATION
6-27 NOT MET. If the certificates required under Section 574.009 are
7-1 not on file at the time set for the hearing on the application, the
7-2 judge shall dismiss the application as required by Section
7-3 574.009(d) but may not order the immediate release of the person as
7-4 prescribed by that section if the person is:
7-5 (1) confined in the institutional division of the
7-6 Texas Department of Criminal Justice;
7-7 (2) detained in a facility of the Texas Youth
7-8 Commission; or
7-9 (3) detained in a mental health facility under Article
7-10 46.02 or 46.03, Code of Criminal Procedure.
7-11 Sec. 579.025. CERTIFICATE OF MEDICAL EXAMINATION FOR MENTAL
7-12 ILLNESS. Instead of the information prescribed by Section
7-13 574.011(a)(7), a certificate of medical examination for mental
7-14 illness filed under this chapter must include the examining
7-15 physician's opinion that:
7-16 (1) the examined person suffers from a mental illness
7-17 that makes the person likely to commit a predatory sexually violent
7-18 offense; and
7-19 (2) as a result of that mental illness the examined
7-20 person:
7-21 (A) is likely to cause serious harm to others;
7-22 or
7-23 (B) will, if not treated, continue to experience
7-24 the propensity to commit a predatory sexually violent offense, will
7-25 continue to experience the inability to resist the impulse to
7-26 commit a predatory sexually violent offense, and is unable to make
7-27 a rational and informed decision as to whether or not to submit to
8-1 treatment.
8-2 Sec. 579.026. LIBERTY PENDING HEARING. A proposed patient
8-3 is entitled to remain at liberty pending the hearing on the
8-4 application for court-ordered mental health services unless the
8-5 proposed patient is:
8-6 (1) detained under an appropriate provision of this
8-7 subtitle;
8-8 (2) confined in the institutional division of the
8-9 Texas Department of Criminal Justice;
8-10 (3) detained in a facility of the Texas Youth
8-11 Commission; or
8-12 (4) detained in a mental health facility under Article
8-13 46.02 or 46.03, Code of Criminal Procedure.
8-14 (Sections 579.027-579.050 reserved for expansion
8-15 SUBCHAPTER C. PROTECTIVE CUSTODY
8-16 Sec. 579.051. MOTION FOR ORDER OF PROTECTIVE CUSTODY. If
8-17 the proposed patient is at liberty pending the hearing on
8-18 court-ordered mental health services or the prosecuting attorney
8-19 believes that the person will be released from detention or
8-20 confinement before proceedings under this chapter may be completed,
8-21 the prosecuting attorney or the court on its own motion may file a
8-22 motion for an order of protective custody as provided by Section
8-23 574.021.
8-24 Sec. 579.052. ISSUANCE OF ORDER. (a) Instead of the
8-25 criteria prescribed by Section 574.022(a) for issuance of an order
8-26 of protective custody, the judge or designated magistrate may issue
8-27 a protective custody order if the judge or magistrate determines:
9-1 (1) that the physician has stated the physician's
9-2 opinion and the detailed reasons for the opinion that the proposed
9-3 patient suffers from a mental illness that makes the person likely
9-4 to commit a predatory sexually violent offense; and
9-5 (2) the proposed patient presents a substantial risk
9-6 of serious harm to others if not immediately restrained pending the
9-7 hearing.
9-8 (b) A protective custody order shall:
9-9 (1) if the proposed patient is at liberty pending the
9-10 hearing, direct a peace officer to take the proposed patient into
9-11 custody in accordance with Section 574.023; or
9-12 (2) if the proposed patient is to be released from
9-13 detention or confinement before proceedings under this chapter may
9-14 be completed, order the person authorized to release the proposed
9-15 patient to transport the proposed patient on release to a facility
9-16 in accordance with Section 574.023.
9-17 (c) The facility administrator designated to detain the
9-18 proposed patient must agree to the detention.
9-19 Sec. 579.053. PROBABLE CAUSE HEARING. (a) At the probable
9-20 cause hearing held under Section 574.025, the judge or designated
9-21 magistrate must determine if:
9-22 (1) there is probable cause to believe that a proposed
9-23 patient under a protective custody order presents a substantial
9-24 risk of serious harm to others to the extent that the proposed
9-25 patient cannot be at liberty pending the hearing on court-ordered
9-26 mental health services; and
9-27 (2) a physician has stated the opinion and the
10-1 detailed reasons for the physician's opinion that the proposed
10-2 patient suffers from a mental illness that makes the person likely
10-3 to commit a predatory sexually violent offense.
10-4 (b) The magistrate or master shall order that a proposed
10-5 patient remain in protective custody if the magistrate or master
10-6 determines after the hearing that an adequate factual basis exists
10-7 for probable cause to believe that the proposed patient presents a
10-8 substantial risk of serious harm to others to the extent that the
10-9 proposed patient cannot remain at liberty pending the hearing on
10-10 court-ordered mental health services.
10-11 (c) The notification of probable cause hearing required by
10-12 Section 574.026(c) shall read as follows:
10-13 (Style of Case)
10-14 NOTIFICATION OF PROBABLE CAUSE HEARING
10-15 On this the __________ day of ___________________, 19___, the
10-16 undersigned hearing officer heard evidence concerning the need for
10-17 protective custody of _________________ (hereinafter referred to as
10-18 proposed patient). The proposed patient was given the opportunity
10-19 to challenge the allegations that (s)he presents a substantial risk
10-20 of serious harm to others.
10-21 The proposed patient and his attorney ______________________
10-22 (attorney)
10-23 have been given written notice that the proposed patient was placed
10-24 under an order of protective custody and the reasons for such order
10-25 on ____________________.
10-26 (date of notice)
10-27 I have examined the certificate of medical examination for
11-1 mental illness and _____________________________________. Based on
11-2 (other evidence considered)
11-3 this evidence, I find that there is probable cause to believe that
11-4 the proposed patient presents a substantial risk of serious harm to
11-5 others (yes _____ or no _____) such that (s)he cannot be at liberty
11-6 pending final hearing because _____________________________________
11-7 __________________________________________________________________.
11-8 (reasons for finding; type of risk found)
11-9 Sec. 579.054. DETENTION IN PROTECTIVE CUSTODY AND RELEASE.
11-10 (a) The facility administrator or the administrator's designee
11-11 shall detain a person under a protective custody order in
11-12 accordance with Section 574.027 until a final order for
11-13 court-ordered mental health services is entered or the person is
11-14 released or discharged under this section.
11-15 (b) The magistrate or master shall order the release of a
11-16 person under a protective custody order if the magistrate or master
11-17 determines after the hearing under Section 574.025 that no probable
11-18 cause exists to believe that the proposed patient presents a
11-19 substantial risk of serious harm to others.
11-20 (c) Arrangements shall be made to return a person released
11-21 under Subsection (b) to:
11-22 (1) the location of the person's apprehension;
11-23 (2) the person's residence in this state;
11-24 (3) the location to which the person would have been
11-25 released from detention or confinement if the person was
11-26 transported from the place of detention or confinement under
11-27 Section 579.052(b)(2); or
12-1 (4) another suitable location.
12-2 (d) A facility administrator shall discharge a person held
12-3 under a protective custody order if:
12-4 (1) the facility administrator does not receive notice
12-5 that the person's continued detention is authorized after a
12-6 probable cause hearing held within 72 hours after the detention
12-7 under the protective custody order began, excluding Saturdays,
12-8 Sundays, legal holidays, and the period prescribed by Section
12-9 574.025(b) for extreme emergencies;
12-10 (2) a final order for court-ordered mental health
12-11 services has not been entered within the time prescribed by Section
12-12 574.005; or
12-13 (3) the facility administrator or the administrator's
12-14 designee determines that the person no longer meets the criteria
12-15 for protective custody prescribed by Section 579.052(a).
12-16 (Sections 579.055-579.070 reserved for expansion
12-17 SUBCHAPTER D. PROCEEDINGS FOR COURT-ORDERED MENTAL
12-18 HEALTH SERVICES FOR SEXUALLY VIOLENT PREDATORS
12-19 Sec. 579.071. FINDINGS OF FACT FOR PERSON FOUND INCOMPETENT
12-20 TO STAND TRIAL. (a) If a person charged with a sexually violent
12-21 offense was determined incompetent to stand trial on that offense
12-22 under Article 46.02, Code of Criminal Procedure, and is about to be
12-23 or has been released, the court or jury shall, at the hearing on an
12-24 application for court-ordered mental health services under this
12-25 chapter, first hear evidence and determine whether the person
12-26 committed the offense. After hearing evidence on this issue, the
12-27 court or jury shall make findings on whether the person committed
13-1 the offense.
13-2 (b) If the court or jury finds that the person committed the
13-3 sexually violent offense, the court shall:
13-4 (1) enter a final order, appealable by the person, on
13-5 that issue; and
13-6 (2) proceed under Subchapter C, Chapter 574, and this
13-7 chapter to determine whether the person should receive
13-8 court-ordered mental health services.
13-9 (c) The state must prove that the person committed the
13-10 offense by clear and convincing evidence.
13-11 (d) A determination or finding of guilt in a hearing under
13-12 this chapter is not admissible in a criminal proceeding.
13-13 Sec. 579.072. RELEASE AFTER HEARING. (a) The court shall
13-14 enter an order denying an application for court-ordered temporary
13-15 or extended mental health services under this chapter if after a
13-16 hearing the court or jury fails to find, from clear and convincing
13-17 evidence, that the proposed patient suffers from a mental illness
13-18 that makes the person likely to commit a predatory sexually violent
13-19 offense and meets the applicable criteria for court-ordered mental
13-20 health services.
13-21 (b) If the court denies the application, the court shall
13-22 order the immediate release of a proposed patient who is not at
13-23 liberty.
13-24 (c) The court shall make arrangements to return a person
13-25 released under Subsection (b) to:
13-26 (1) the location of the person's apprehension;
13-27 (2) the person's residence in this state;
14-1 (3) the location to which the person would have been
14-2 released from detention or confinement if the person was
14-3 transported from the place of detention or confinement under
14-4 Section 579.052(b)(2);
14-5 (4) the custody of the entity or institution
14-6 responsible for the person's detention or confinement, if the
14-7 entity or institution has not released the person; or
14-8 (5) another suitable location.
14-9 Sec. 579.073. ORDER FOR TEMPORARY MENTAL HEALTH SERVICES.
14-10 (a) The judge or jury may determine that a proposed patient
14-11 requires court-ordered temporary mental health services under this
14-12 chapter only if the judge or jury finds, from clear and convincing
14-13 evidence, that:
14-14 (1) the proposed patient suffers from a mental illness
14-15 that makes the proposed patient likely to commit a predatory
14-16 sexually violent offense; and
14-17 (2) as a result of that mental illness the proposed
14-18 patient:
14-19 (A) is likely to cause serious harm to others;
14-20 or
14-21 (B) will, if not treated, continue to experience
14-22 the propensity to commit a predatory sexually violent offense, will
14-23 continue to experience an inability to resist the impulse to commit
14-24 a predatory sexually violent offense, and is unable to make a
14-25 rational and informed decision as to whether or not to submit to
14-26 treatment.
14-27 (b) The judge or jury must specify which criterion listed in
15-1 Subsection (a)(2) forms the basis for the decision.
15-2 (c) To be clear and convincing under this section, the
15-3 evidence must include expert testimony and, unless waived:
15-4 (1) if the person was not in the custody of an entity
15-5 described by Sections 579.021(c)-(f) at the time the application
15-6 was filed, evidence of a recent overt act or a continuing pattern
15-7 of behavior before or after release from detention or confinement
15-8 that tends to confirm the likelihood to commit a predatory sexually
15-9 violent offense or the person's inability to resist the impulse to
15-10 commit a predatory sexually violent offense; or
15-11 (2) if the person was in the custody of an entity
15-12 described by Sections 579.021(c)-(f) at the time the application
15-13 was filed, evidence that the mental illness that makes the person
15-14 likely to commit a predatory sexually violent offense is not
15-15 subject to treatment, or if the illness is subject to treatment,
15-16 that the person was either unable to obtain treatment or did not
15-17 respond to treatment.
15-18 (d) The proposed patient and the proposed patient's
15-19 attorney, by a written document filed with the court, may waive the
15-20 right to cross-examine witnesses, and, if that right is waived, the
15-21 court may admit, as evidence, the certificates of medical
15-22 examination for mental illness. The certificates admitted under
15-23 this subsection constitute competent medical or psychiatric
15-24 testimony, and the court may make its findings solely from the
15-25 certificates. If the proposed patient and the proposed patient's
15-26 attorney do not waive in writing the right to cross-examine
15-27 witnesses, the court shall proceed to hear testimony. The
16-1 testimony must include competent medical or psychiatric testimony.
16-2 In addition, the court may consider the testimony of a nonphysician
16-3 mental health professional as provided by Section 574.031(f).
16-4 (e) An order for temporary mental health services shall
16-5 state that treatment is authorized for not longer than 90 days.
16-6 The order may not specify a shorter period.
16-7 Sec. 579.074. ORDER FOR EXTENDED MENTAL HEALTH SERVICES.
16-8 (a) The jury, or the judge if the right to a jury is waived, may
16-9 determine that a proposed patient requires court-ordered extended
16-10 mental health services only if the jury or judge finds, from clear
16-11 and convincing evidence, that:
16-12 (1) the proposed patient suffers from a mental illness
16-13 that makes the proposed patient likely to commit a predatory
16-14 sexually violent offense;
16-15 (2) as a result of that mental illness the proposed
16-16 patient:
16-17 (A) is likely to cause serious harm to others;
16-18 or
16-19 (B) will, if not treated, continue to experience
16-20 the propensity to commit a predatory sexually violent offense, will
16-21 continue to experience an inability to resist the impulse to commit
16-22 a predatory sexually violent offense, and is unable to make a
16-23 rational and informed decision as to whether or not to submit to
16-24 treatment; and
16-25 (3) the proposed patient's condition is expected to
16-26 continue for more than 90 days.
16-27 (b) The jury or judge must specify which criterion listed in
17-1 Subsection (a)(2) forms the basis for the decision.
17-2 (c) To be clear and convincing under this section, the
17-3 evidence must include expert testimony and, unless waived:
17-4 (1) if the person was not in the custody of an entity
17-5 described by Sections 579.021(c)-(f) at the time the application
17-6 was filed, evidence of a recent overt act or a continuing pattern
17-7 of behavior before or after release from detention or confinement
17-8 that tends to confirm the likelihood to commit a predatory sexually
17-9 violent offense or the person's inability to resist the impulse to
17-10 commit a predatory sexually violent offense; or
17-11 (2) if the person was in the custody of an entity
17-12 described by Sections 579.021(c)-(f) at the time the application
17-13 was filed, evidence that the mental illness that makes the person
17-14 likely to commit a predatory sexually violent offense is not
17-15 subject to treatment, or if the illness is subject to treatment,
17-16 that the person was either unable to obtain treatment or did not
17-17 respond to treatment.
17-18 (d) The court may not make its findings solely from the
17-19 certificates of medical examination for mental illness but shall
17-20 hear testimony. The court may not enter an order for extended
17-21 mental health services unless appropriate findings are made and are
17-22 supported by testimony taken at the hearing. The testimony must
17-23 include competent medical or psychiatric testimony.
17-24 (e) An order for extended mental health services shall state
17-25 that treatment is authorized for not longer than 12 months. The
17-26 order may not specify a shorter period.
17-27 Sec. 579.075. ORDER OF CARE AND COMMITMENT. (a) The judge
18-1 shall dismiss the jury, if any, after a hearing in which a person
18-2 is found to suffer from a mental illness that makes the person
18-3 likely to commit a predatory sexually violent offense and to meet
18-4 the applicable criteria for court-ordered temporary or extended
18-5 mental health services.
18-6 (b) The judge may hear additional evidence relating to
18-7 alternative settings for care before entering an order relating to
18-8 the setting for the care the person will receive.
18-9 (c) The judge shall consider in determining the setting for
18-10 care the recommendation for the most appropriate treatment
18-11 alternative filed under Section 574.012.
18-12 (d) The judge shall order the mental health services
18-13 provided in the least restrictive appropriate setting available.
18-14 In determining the least restrictive appropriate setting, the judge
18-15 may order that a person be housed and treated in an area that is
18-16 separate from patients who do not receive mental health services
18-17 under this chapter if the judge finds that:
18-18 (1) the person will not receive adequate mental health
18-19 treatment unless the person is housed and treated separately;
18-20 (2) a mental health facility or area within a mental
18-21 health facility that treats other patients is insufficiently
18-22 secure; or
18-23 (3) housing and treating the person with other
18-24 patients in a mental health facility or area within a mental health
18-25 facility is not safe for the other patients.
18-26 (e) The judge may enter an order:
18-27 (1) committing the person to a mental health facility
19-1 for inpatient care; or
19-2 (2) requiring the person to participate in other
19-3 mental health services, including community center programs and
19-4 services provided by a private psychiatrist or psychologist.
19-5 (Sections 579.076-579.090 reserved for expansion)
19-6 SUBCHAPTER E. DESIGNATION OF FACILITY AND TRANSPORTATION OF
19-7 SEXUALLY VIOLENT PREDATORS
19-8 Sec. 579.091. COMMITMENT OF SEXUALLY VIOLENT PREDATOR TO
19-9 INSTITUTIONAL DIVISION. (a) The court may not commit a sexually
19-10 violent predator to an inpatient mental health facility of the
19-11 institutional division of the Texas Department of Criminal Justice.
19-12 (b) The court shall order the sheriff or constable to
19-13 accompany the patient to the designated mental health facility
19-14 unless the court determines that the sheriff or constable is not
19-15 necessary.
19-16 Sec. 579.092. TRANSCRIPT. In addition to information
19-17 required under Section 574.047, the court clerk shall include:
19-18 (1) the patient's criminal history record information,
19-19 if available, in accordance with the procedures prescribed by
19-20 Subchapter F, Chapter 411, Government Code; and
19-21 (2) any information relating to the classification or
19-22 reclassification of the patient while confined in the Texas Youth
19-23 Commission or the institutional division of the Texas Department of
19-24 Criminal Justice.
19-25 (Sections 579.093-579.100 reserved for expansion)
20-1 SUBCHAPTER F. POST-COMMITMENT PROCEEDINGS
20-2 Sec. 579.101. MODIFICATION OF ORDER FOR OUTPATIENT TREATMENT
20-3 OF SEXUALLY VIOLENT PREDATOR. (a) A prosecuting attorney who is
20-4 entitled to receive notice under Section 579.021 may, in addition
20-5 to the persons authorized under Section 574.062, request a hearing
20-6 under Section 574.062 for modification of an order requiring
20-7 outpatient treatment.
20-8 (b) Instead of the information required under Section
20-9 574.063(b), an application for the temporary detention of a person
20-10 receiving outpatient treatment pending a modification hearing must
20-11 state the applicant's opinion and detail the reasons for the
20-12 applicant's opinion that:
20-13 (1) the patient meets the criteria described by
20-14 Subsection (c); and
20-15 (2) detention in an inpatient mental health facility
20-16 is necessary to evaluate the appropriate setting for continued
20-17 court-ordered services.
20-18 (c) The court may modify an order for outpatient services as
20-19 prescribed by Section 574.065 if the court determines that the
20-20 patient continues to meet the applicable criteria for court-ordered
20-21 mental health services prescribed by Section 579.073 or 579.074 and
20-22 that:
20-23 (1) the patient has not complied with the court's
20-24 order; or
20-25 (2) the patient's condition has deteriorated to the
20-26 extent that outpatient services are no longer appropriate.
20-27 Sec. 579.102. NOTICE TO PROSECUTING ATTORNEY BEFORE
21-1 TERMINATION OF EXTENDED MENTAL HEALTH SERVICES. (a) The
21-2 administrator of a facility that provides extended mental health
21-3 services to a person committed under this chapter shall, at least
21-4 45 days before the date the court order expires or the date the
21-5 facility administrator intends to release the person from the
21-6 facility in accordance with Section 574.086 or 579.105, notify each
21-7 prosecuting attorney who is entitled to receive notice under
21-8 Section 579.021 of the impending release of the person.
21-9 (b) The facility administrator may designate an employee to
21-10 provide notice required by this section.
21-11 (c) The facility administrator may not release a person
21-12 committed under Section 574.086 or 579.105 before the 46th day
21-13 after the date the administrator provides notice under Subsection
21-14 (a).
21-15 Sec. 579.103. RENEWAL OF ORDER FOR EXTENDED MENTAL HEALTH
21-16 SERVICES FOR SEXUALLY VIOLENT PREDATOR. (a) A prosecuting
21-17 attorney who receives a notification under Section 579.102 or other
21-18 adult may file an application to renew an order under this chapter
21-19 for extended mental health services.
21-20 (b) The application must explain in detail why the
21-21 prosecuting attorney or person requests renewal. An application
21-22 under this chapter to renew an order committing the patient to
21-23 extended inpatient mental health services must also explain in
21-24 detail why a less restrictive setting is not appropriate.
21-25 (c) The application must be accompanied by two certificates
21-26 of medical examination for mental illness signed by physicians who
21-27 examined the patient during the 30 days preceding the date on which
22-1 the application is filed.
22-2 (d) The court shall appoint an attorney to represent the
22-3 patient when an application is filed.
22-4 (e) The patient or the patient's attorney or other
22-5 individual may request a hearing on the application. The court may
22-6 set a hearing on its own motion. An application for which a
22-7 hearing is requested or set is considered an original application
22-8 for court-ordered extended mental health services.
22-9 (f) A court may not renew an order unless the court finds
22-10 that the patient meets the criteria for extended mental health
22-11 services prescribed by Section 579.074(a). The court must make the
22-12 findings prescribed by this subsection to renew an order,
22-13 regardless of whether a hearing is requested or set. A renewed
22-14 order authorizes treatment for not more than 12 months.
22-15 (g) If a hearing is not requested or set, the court may
22-16 admit into evidence the certificates of medical examination for
22-17 mental illness. The certificates constitute competent medical or
22-18 psychiatric testimony, and the court may make its findings solely
22-19 from the certificates and the detailed request for renewal.
22-20 (h) The court, after renewing an order for extended
22-21 inpatient mental health services, may modify the order to provide
22-22 for outpatient mental health services in accordance with Section
22-23 574.037.
22-24 Sec. 579.104. MOTION FOR REHEARING. (a) The court may set
22-25 aside an order requiring court-ordered mental health services under
22-26 this chapter and grant a motion for rehearing for good cause shown.
22-27 (b) Pending the hearing, the court may:
23-1 (1) stay the court-ordered mental health services and
23-2 release the proposed patient from custody before the hearing if the
23-3 court is satisfied that the proposed patient does not meet the
23-4 criteria for protective custody under Section 579.052(a); and
23-5 (2) if the proposed patient is at liberty, require an
23-6 appearance bond in an amount set by the court.
23-7 Sec. 579.105. REQUEST FOR REEXAMINATION. (a) A patient
23-8 receiving court-ordered extended mental health services under this
23-9 chapter, or any interested person on the patient's behalf and with
23-10 the patient's consent, may file a request with a court for a
23-11 reexamination and a hearing to determine if the patient continues
23-12 to meet the criteria for the services.
23-13 (b) The request must be filed in the county in which the
23-14 patient is receiving the services.
23-15 (c) The court may, for good cause shown:
23-16 (1) require that the patient be reexamined;
23-17 (2) schedule a hearing on the request; and
23-18 (3) notify each prosecuting attorney entitled to
23-19 notice under Section 579.021 and the facility administrator of the
23-20 facility providing mental health services to the patient.
23-21 (d) A court is not required to order a reexamination or
23-22 hearing if the request is filed within six months after an order
23-23 under this chapter for extended mental health services is entered
23-24 or after a similar request is filed.
23-25 (e) After receiving the court's notice, the facility
23-26 administrator shall arrange for the patient to be reexamined.
23-27 (f) The facility administrator or the administrator's
24-1 qualified authorized designee shall discharge the patient if the
24-2 facility administrator or designee determines that the patient no
24-3 longer meets the criteria for court-ordered extended mental health
24-4 services under this chapter. The administrator or designee shall
24-5 notify each prosecuting attorney of the impending discharge of the
24-6 person as prescribed by Section 579.102.
24-7 (g) If the facility administrator or the administrator's
24-8 designee determines that the patient continues to meet the criteria
24-9 for court-ordered extended mental health services under this
24-10 chapter, the facility administrator or designee shall file a
24-11 certificate of medical examination for mental illness with the
24-12 court within 10 days after the date on which the request for
24-13 reexamination and hearing is filed.
24-14 Sec. 579.106. HEARING ON REQUEST FOR REEXAMINATION. (a) A
24-15 court that required a patient's reexamination under Section 579.105
24-16 may set a date and place for a hearing on the request if, not later
24-17 than the 10th day after the date on which the request is filed:
24-18 (1) a certificate of medical examination for mental
24-19 illness stating that the patient continues to meet the criteria for
24-20 court-ordered extended mental health services under this chapter
24-21 has been filed; or
24-22 (2) a certificate has not been filed and the patient
24-23 has not been discharged.
24-24 (b) At the time the hearing is set, the judge shall:
24-25 (1) appoint an attorney to represent a patient who
24-26 does not have an attorney; and
24-27 (2) give notice of the hearing to the patient, the
25-1 patient's attorney, each prosecuting attorney who is entitled to
25-2 notice under Section 579.021, and the facility administrator.
25-3 (c) The judge shall appoint a physician to examine the
25-4 patient and file a certificate of medical examination for mental
25-5 illness with the court. The judge shall appoint a physician who is
25-6 not on the staff of the mental health facility in which the patient
25-7 is receiving services and who is a psychiatrist if a psychiatrist
25-8 is available in the county. The court shall ensure that the
25-9 patient may be examined by a physician of the patient's choice and
25-10 at the patient's own expense if requested by the patient.
25-11 (d) The hearing is held before the court and without a jury.
25-12 The hearing must be held in accordance with the requirements for a
25-13 hearing on an application for court-ordered mental health services.
25-14 (e) The court shall dismiss the request if the court finds
25-15 from clear and convincing evidence that the patient continues to
25-16 meet the criteria for court-ordered extended mental health services
25-17 prescribed by Section 579.074.
25-18 (f) The judge shall order the facility administrator to
25-19 discharge the patient if the court fails to find from clear and
25-20 convincing evidence that the patient continues to meet the
25-21 criteria.
25-22 Sec. 579.107. APPEAL. Pending an appeal under Section
25-23 574.070, the trial judge in whose court the cause is pending may:
25-24 (1) stay the order and release the patient from
25-25 custody before the appeal if the judge is satisfied that the
25-26 patient was released from the custody of an entity described by
25-27 Sections 579.021(c)-(f) and does not meet the criteria for
26-1 protective custody under Section 579.052; and
26-2 (2) if the proposed patient is at liberty, require an
26-3 appearance bond in an amount set by the court.
26-4 SECTION 2. Subchapter F, Chapter 411, Government Code, is
26-5 amended by adding Section 411.128 to read as follows:
26-6 Sec. 411.128. ACCESS TO CRIMINAL HISTORY RECORD
26-7 INFORMATION: SEXUALLY VIOLENT PREDATORS. (a) A prosecuting
26-8 attorney or county or district attorney who files or intends to
26-9 file an application for court-ordered mental health services under
26-10 Chapter 579, Health and Safety Code, may obtain from the department
26-11 criminal history record information maintained by the department
26-12 that relates to a person who is the subject of the application.
26-13 (b) A psychiatrist for the institutional division of the
26-14 Texas Department of Criminal Justice who files or intends to file
26-15 an application for court-ordered mental health services under
26-16 Chapter 579, Health and Safety Code, may obtain from the department
26-17 criminal history record information maintained by the department
26-18 that relates to the person who is the subject of the application.
26-19 SECTION 3. Section 411.083(c), Government Code, is amended
26-20 to read as follows:
26-21 (c) Except as provided by Section 411.128, the [The]
26-22 department may disseminate criminal history record information
26-23 under Subsection (b)(1) only for a criminal justice purpose. The
26-24 department may disseminate criminal history record information
26-25 under Subsection (b)(2) only for a purpose specified in the statute
26-26 or order. The department may disseminate criminal history record
26-27 information under Subsection (b)(4) or (b)(5) only for a purpose
27-1 approved by the department and only under rules adopted by the
27-2 department.
27-3 SECTION 4. Section 571.0165(a), Health and Safety Code, is
27-4 amended to read as follows:
27-5 (a) If extremely hazardous weather conditions exist or a
27-6 disaster occurs, the judge of a court having jurisdiction of a
27-7 proceeding under Chapter [Chapters] 572, 573, 574, [and] 575, or
27-8 579 or a magistrate appointed by the judge may by written order
27-9 made each day extend the period during which the person may be
27-10 detained under those chapters until 4 p.m. on the first succeeding
27-11 business day.
27-12 SECTION 5. Sections 571.018(a) and (e), Health and Safety
27-13 Code, are amended to read as follows:
27-14 (a) A county shall pay the costs for a hearing or proceeding
27-15 under this subtitle if the county:
27-16 (1) initiates emergency detention procedures under
27-17 Subchapter A or B, Chapter 573, or Chapter 579;
27-18 (2) has an application for court-ordered mental health
27-19 services transferred to it under Section 574.008(b) or Section
27-20 579.022(c); or
27-21 (3) accepts an application for court-ordered mental
27-22 health services and issues an order for protective custody or for
27-23 temporary mental health services.
27-24 (e) A proposed patient's county of residence shall pay the
27-25 court-approved expenses incurred under Section 574.010 if ordered
27-26 by the court under that section or under similar circumstances in a
27-27 proceeding under Chapter 579 if ordered by the court.
28-1 SECTION 6. Section 574.102, Health and Safety Code, is
28-2 amended to read as follows:
28-3 Sec. 574.102. Application of Subchapter. This subchapter
28-4 applies only to the application of medication to a patient subject
28-5 to an order for inpatient mental health services under Section
28-6 574.034, [or] 574.035, 579.073, or 579.074 who is receiving those
28-7 services in a mental health facility operated or funded by the
28-8 department.
28-9 SECTION 7. Sections 574.104(a) and (d), Health and Safety
28-10 Code, are amended to read as follows:
28-11 (a) A physician who is treating a patient may petition a
28-12 probate court or a court with probate jurisdiction for an order to
28-13 authorize the administration of a psychoactive medication
28-14 regardless of the patient's refusal if:
28-15 (1) the physician believes that the patient lacks the
28-16 capacity to make a decision regarding the administration of the
28-17 psychoactive medication;
28-18 (2) the physician determines that the medication is
28-19 the proper course of treatment for the patient; and
28-20 (3) the patient is under an order for temporary or
28-21 extended mental health services under Section 574.034, [or]
28-22 574.035, 579.073, or 579.074 and the patient, verbally or by other
28-23 indication, refuses to take the medication voluntarily.
28-24 (d) The court with which a petition is filed under this
28-25 section shall set a hearing on the petition to be held not later
28-26 than the seventh day after the date the petition is filed. The
28-27 hearing on the petition may be held on the date of a hearing on an
29-1 application for court-ordered extended mental health services under
29-2 Section 574.035 or 579.074. The hearing on the petition may not be
29-3 held on the date of a hearing on an application for court-ordered
29-4 temporary mental health services under Section 574.034 or 579.073
29-5 unless the patient and the patient's attorney agree in writing to
29-6 have the hearing on that date.
29-7 SECTION 8. This Act takes effect September 1, 1997.
29-8 SECTION 9. Chapter 579, Health and Safety Code, as added by
29-9 this Act, applies to the commitment of a person who commits or has
29-10 committed a sexually violent offense regardless of the date on
29-11 which the offense occurs or has occurred.
29-12 SECTION 10. The importance of this legislation and the
29-13 crowded condition of the calendars in both houses create an
29-14 emergency and an imperative public necessity that the
29-15 constitutional rule requiring bills to be read on three several
29-16 days in each house be suspended, and this rule is hereby suspended.