By Whitmire                                             S.B. No. 77

      75R739 DD-D                           

                                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

1-23     victimization.

1-24                 (3)  "Prosecuting attorney" means the county or

 2-1     district attorney who prosecutes felony criminal cases in the

 2-2     county.

 2-3                 (4)  "Sexually violent offense" means an act that:

 2-4                       (A)  violates any of the following provisions of

 2-5     the Penal Code:

 2-6                             (i)  Section 21.11(a);

 2-7                             (ii)  Section 22.011;

 2-8                             (iii)  Section 22.021; or

 2-9                             (iv)  Section 19.03(a)(2), if the person

2-10     commits a murder in the course of committing or attempting to

2-11     commit aggravated sexual assault;

2-12                       (B)  is a felony in effect before September 1,

2-13     1995, and is comparable to an offense listed in Paragraph (A);

2-14                       (C)  results in a federal or out-of-state

2-15     conviction for an offense that is comparable to an offense listed

2-16     in Paragraph (A); or

2-17                       (D)  is an attempt or conspiracy, under Chapter

2-18     15, Penal Code, to commit an offense listed in this subdivision.

2-19           Sec. 579.002.  GENERAL APPLICATION OF CHAPTER 574.  Except as

2-20     otherwise provided by this chapter, a proceeding for court-ordered

2-21     mental health services for a sexually violent predator is governed

2-22     by Chapter 574.

2-23           Sec. 579.003.  POWERS AND DUTIES OF PROSECUTING ATTORNEY;

2-24     COORDINATION.  (a)  If a prosecuting attorney who receives notice

2-25     under Section 579.021 does not have jurisdiction or is not the

2-26     county or district attorney who normally represents the state in a

2-27     hearing held under this subtitle, the prosecuting attorney may

 3-1     assume jurisdiction, if necessary, and represent the state in a

 3-2     proceeding under this chapter or may forward the notice to the

 3-3     appropriate county or district attorney and request that attorney

 3-4     to act for the prosecuting attorney.

 3-5           (b)  The prosecuting attorney and county or district attorney

 3-6     shall coordinate as necessary under this chapter.

 3-7           (c)  A prosecuting attorney who assumes jurisdiction under

 3-8     this chapter has the same powers and duties in a proceeding under

 3-9     this chapter as a county or district attorney who normally

3-10     represents the state in a proceeding under this subtitle.

3-11              (Sections 579.004-579.020 reserved for expansion

3-12                  SUBCHAPTER B.  APPLICATION FOR COMMITMENT

3-13                          AND PREHEARING PROCEDURES

3-14           Sec. 579.021.  NOTICE TO PROSECUTING ATTORNEY BEFORE RELEASE.

3-15     (a)  The appropriate entity as determined by this section shall

3-16     provide notice of the impending release of a person:

3-17                 (1)  convicted of a sexually violent offense;

3-18                 (2)  charged with a sexually violent offense;

3-19                 (3)  found not guilty by reason of insanity; or

3-20                 (4)  adjudicated as having engaged as a juvenile in

3-21     delinquent conduct that is classified as a sexually violent offense

3-22     under Section 579.001.

3-23           (b)  Notification under this section must be provided:

3-24                 (1)  to the prosecuting attorney in the county in which

3-25     the offense was committed and the prosecuting attorney in the

3-26     county in which the person proposes to reside; and

3-27                 (2)  before the 10th day before the date of release.

 4-1           (c)  The Board of Pardons and Paroles shall make the

 4-2     notification required by this section before releasing a prisoner

 4-3     on parole from the institutional division of the Texas Department

 4-4     of Criminal Justice.

 4-5           (d)  The institutional division of the Texas Department of

 4-6     Criminal Justice shall make the notification required by this

 4-7     section before releasing a prisoner who:

 4-8                 (1)  has completed the term for which the person was

 4-9     sentenced; or

4-10                 (2)  is to be released to mandatory supervision.

4-11           (e)  The clerk of the court with authority to release a

4-12     person determined to be incompetent to stand trial under Article

4-13     46.02, Code of Criminal Procedure, or found not guilty by reason of

4-14     insanity under Article 46.03, Code of Criminal Procedure, shall

4-15     make the notification required by this section before releasing the

4-16     person.

4-17           (f)  The entity with authority to release a person who has

4-18     been adjudicated as having engaged as a juvenile in delinquent

4-19     conduct that is classified as a sexually violent offense under

4-20     Section 579.001 shall make the notification required by this

4-21     section before releasing the person.

4-22           (g)  An entity that is required by this section to notify the

4-23     prosecuting attorney of the release of a person shall provide:

4-24                 (1)  the person's name;

4-25                 (2)  identifying factors;

4-26                 (3)  the person's offense history;

4-27                 (4)  the address where the person expects to reside on

 5-1     the person's release;

 5-2                 (5)  information regarding treatment received by the

 5-3     person during confinement or commitment; and

 5-4                 (6)  documentation of institutional adjustment.

 5-5           (h)  A prosecuting attorney has notice when an entity listed

 5-6     in this section mails the information prescribed by Subsection (g).

 5-7           Sec. 579.022.  APPLICATION FOR COURT-ORDERED MENTAL HEALTH

 5-8     SERVICES FOR SEXUALLY VIOLENT PREDATOR.  (a)  A prosecuting

 5-9     attorney who is entitled to receive a notification under Section

5-10     579.021 may file a sworn written application for court-ordered

5-11     mental health services under this chapter before or after the

5-12     release of the person who is the subject of the notice.  In

5-13     addition, a psychiatrist for the institutional division of the

5-14     Texas Department of Criminal Justice may file an application for

5-15     court-ordered mental health services under this chapter in

5-16     accordance with Section 501.057, Government Code.

5-17           (b)  An application must be filed with the county clerk in

5-18     the county in which:

5-19                 (1)  the offense was committed; or

5-20                 (2)  the proposed patient:

5-21                       (A)  is confined or detained;

5-22                       (B)  resides or intends to reside on release;

5-23                       (C)  is found; or

5-24                       (D)  is receiving mental health services by court

5-25     order.

5-26           (c)  A court may, on request of the proposed patient or the

5-27     proposed patient's attorney and if good cause is shown, transfer an

 6-1     application to any other county described by Subsection (b).

 6-2           (d)  A prosecuting attorney is not required to file a

 6-3     certificate of medical examination with the application.

 6-4           (e)  A psychiatrist or prosecuting attorney who files an

 6-5     application under this chapter may include the proposed patient's

 6-6     criminal history record information when filing the application or

 6-7     may submit that information to the court at a later time.  The

 6-8     psychiatrist or prosecuting attorney is not required to submit the

 6-9     information.

6-10           Sec. 579.023.  FORM OF APPLICATION.  In addition to the

6-11     information required by Sections 574.002(a) and (b), an application

6-12     under this chapter for court-ordered mental health services must

6-13     contain the following information according to the prosecuting

6-14     attorney's or psychiatrist's information and belief:

6-15                 (1)  the proposed patient's name and address;

6-16                 (2)  the proposed patient's county of residence in this

6-17     state;

6-18                 (3)  a statement alleging that the proposed patient is

6-19     a sexually violent predator and meets the criteria in Section

6-20     579.073 or 579.074 for court-ordered mental health services; and

6-21                 (4)  information supporting the allegation that the

6-22     proposed patient is a sexually violent predator.

6-23           Sec. 579.024.  RELEASE IF REQUIREMENT OF MEDICAL EXAMINATION

6-24     NOT MET.  If the certificates required under Section 574.009 are

6-25     not on file at the time set for the hearing on the application, the

6-26     judge shall dismiss the application as required by Section

6-27     574.009(d) but may not order the immediate release of the person as

 7-1     prescribed by that section if the person is:

 7-2                 (1)  confined in the institutional division of the

 7-3     Texas Department of Criminal Justice;

 7-4                 (2)  detained in a facility of the Texas Youth

 7-5     Commission; or

 7-6                 (3)  detained in a mental health facility under Article

 7-7     46.02 or 46.03, Code of Criminal Procedure.

 7-8           Sec. 579.025.  CERTIFICATE OF MEDICAL EXAMINATION FOR MENTAL

 7-9     ILLNESS.  Instead of the information prescribed by Section

7-10     574.011(a)(7), a certificate of medical examination for mental

7-11     illness filed under this chapter must include the examining

7-12     physician's opinion that:

7-13                 (1)  the examined person suffers from a mental illness

7-14     that makes the person likely to commit a predatory sexually violent

7-15     offense; and

7-16                 (2)  as a result of that mental illness the examined

7-17     person:

7-18                       (A)  is likely to cause serious harm to others;

7-19     or

7-20                       (B)  will, if not treated, continue to experience

7-21     the propensity to commit a predatory sexually violent offense, will

7-22     continue to experience an inability to resist the impulse to commit

7-23     a predatory sexually violent offense, and is unable to make a

7-24     rational and informed decision as to whether or not to submit to

7-25     treatment.

7-26           Sec. 579.026.  LIBERTY PENDING HEARING.  A proposed patient

7-27     is entitled to remain at liberty pending the hearing on the

 8-1     application for court-ordered mental health services unless the

 8-2     proposed patient is:

 8-3                 (1)  detained under an appropriate provision of this

 8-4     subtitle;

 8-5                 (2)  confined in the institutional division of the

 8-6     Texas Department of Criminal Justice;

 8-7                 (3)  detained in a facility of the Texas Youth

 8-8     Commission; or

 8-9                 (4)  detained in a mental health facility under Article

8-10     46.02 or 46.03, Code of Criminal Procedure.

8-11              (Sections 579.027-579.050 reserved for expansion

8-12                      SUBCHAPTER C.  PROTECTIVE CUSTODY

8-13           Sec. 579.051.  MOTION FOR ORDER OF PROTECTIVE CUSTODY.  If

8-14     the proposed patient is at liberty pending the hearing on

8-15     court-ordered mental health services or the prosecuting attorney

8-16     believes that the person will be released from detention or

8-17     confinement before proceedings under this chapter may be completed,

8-18     the prosecuting attorney or the court on its own motion may file a

8-19     motion for an order of protective custody as provided by Section

8-20     574.021.

8-21           Sec. 579.052.  ISSUANCE OF ORDER.  (a)  Instead of the

8-22     criteria prescribed by Section 574.022(a) for issuance of an order

8-23     of protective custody, the judge or designated magistrate may issue

8-24     a protective custody order if the judge or magistrate determines

8-25     that:

8-26                 (1)  the physician has stated the physician's opinion

8-27     and the detailed reasons for the opinion that the proposed patient

 9-1     suffers from a mental illness that makes the person likely to

 9-2     commit a predatory sexually violent offense; and

 9-3                 (2)  the proposed patient presents a substantial risk

 9-4     of serious harm to others if not immediately restrained pending the

 9-5     hearing.

 9-6           (b)  A protective custody order shall:

 9-7                 (1)  if the proposed patient is at liberty pending the

 9-8     hearing, direct a peace officer to take the proposed patient into

 9-9     custody in accordance with Section 574.023; or

9-10                 (2)  if the proposed patient is to be released from

9-11     detention or confinement before proceedings under this chapter may

9-12     be completed, order the person authorized to release the proposed

9-13     patient to transport the proposed patient on release to a facility

9-14     in accordance with Section 574.023.

9-15           (c)  The facility administrator designated to detain the

9-16     proposed patient must agree to the detention.

9-17           Sec. 579.053.  PROBABLE CAUSE HEARING.  (a)  At the probable

9-18     cause hearing held under Section 574.025, the judge or designated

9-19     magistrate must determine if:

9-20                 (1)  there is probable cause to believe that a proposed

9-21     patient under a protective custody order presents a substantial

9-22     risk of serious harm to others to the extent that the proposed

9-23     patient cannot be at liberty pending the hearing on court-ordered

9-24     mental health services; and

9-25                 (2)  a physician has stated the opinion and the

9-26     detailed reasons for the physician's opinion that the proposed

9-27     patient suffers from a mental illness that makes the person likely

 10-1    to commit a predatory sexually violent offense.

 10-2          (b)  The magistrate or master shall order that a proposed

 10-3    patient remain in protective custody if the magistrate or master

 10-4    determines after the hearing that an adequate factual basis exists

 10-5    for probable cause to believe that the proposed patient presents a

 10-6    substantial risk of serious harm to others to the extent that the

 10-7    proposed patient cannot remain at liberty pending the hearing on

 10-8    court-ordered mental health services.

 10-9          (c)  The notification of probable cause hearing required by

10-10    Section 574.026(c) shall read as follows:

10-11                              (Style of Case)

10-12                  NOTIFICATION OF PROBABLE CAUSE HEARING

10-13          On this the __________ day of ___________________, 19___, the

10-14    undersigned hearing officer heard evidence concerning the need for

10-15    protective custody of _________________ (hereinafter referred to as

10-16    proposed patient).  The proposed patient was given the opportunity

10-17    to challenge the allegations that (s)he presents a substantial risk

10-18    of serious harm to others.

10-19          The proposed patient and his attorney ______________________

10-20                                                       (attorney)

10-21    have been given written notice that the proposed patient was placed

10-22    under an order of protective custody and the reasons for such order

10-23    on ____________________.

10-24         (date of notice)

10-25          I have examined the certificate of medical examination for

10-26    mental illness and _____________________________________.  Based on

10-27                            (other evidence considered)

 11-1    this evidence, I find that there is probable cause to believe that

 11-2    the proposed patient presents a substantial risk of serious harm to

 11-3    others (yes _____ or no _____) such that (s)he cannot be at liberty

 11-4    pending final hearing because _____________________________________

 11-5    __________________________________________________________________.

 11-6                 (reasons for finding; type of risk found)

 11-7          Sec. 579.054.  DETENTION IN PROTECTIVE CUSTODY AND RELEASE.

 11-8    (a)  The facility administrator or the administrator's designee

 11-9    shall detain a person under a protective custody order in

11-10    accordance with Section 574.027 until a final order for

11-11    court-ordered mental health services is entered or the person is

11-12    released or discharged under this section.

11-13          (b)  The magistrate or master shall order the release of a

11-14    person under a protective custody order if the magistrate or master

11-15    determines after the hearing under Section 574.025 that no probable

11-16    cause exists to believe that the proposed patient presents a

11-17    substantial risk of serious harm to others.

11-18          (c)  Arrangements shall be made to return a person released

11-19    under Subsection (b) to:

11-20                (1)  the location of the person's apprehension;

11-21                (2)  the person's residence in this state;

11-22                (3)  the location to which the person would have been

11-23    released from detention or confinement if the person was

11-24    transported from the place of detention or confinement under

11-25    Section 579.052(b)(2); or

11-26                (4)  another suitable location.

11-27          (d)  A facility administrator shall discharge a person held

 12-1    under a protective custody order if:

 12-2                (1)  the facility administrator does not receive notice

 12-3    that the person's continued detention is authorized after a

 12-4    probable cause hearing held within 72 hours after the detention

 12-5    under the protective custody order began, excluding Saturdays,

 12-6    Sundays, legal holidays, and the period prescribed by Section

 12-7    574.025(b) for extreme emergencies;

 12-8                (2)  a final order for court-ordered mental health

 12-9    services has not been entered within the time prescribed by Section

12-10    574.005; or

12-11                (3)  the facility administrator or the administrator's

12-12    designee determines that the person no longer meets the criteria

12-13    for protective custody prescribed by Section 579.052(a).

12-14             (Sections 579.055-579.070 reserved for expansion

12-15            SUBCHAPTER D.  PROCEEDINGS FOR COURT-ORDERED MENTAL

12-16              HEALTH SERVICES FOR SEXUALLY VIOLENT PREDATORS

12-17          Sec. 579.071.  FINDINGS OF FACT FOR PERSON FOUND INCOMPETENT

12-18    TO STAND TRIAL.  (a)  If a person charged with a sexually violent

12-19    offense was determined incompetent to stand trial on that offense

12-20    under Article 46.02, Code of Criminal Procedure, and is about to be

12-21    or has been released, the court or jury shall, at the hearing on an

12-22    application for court-ordered mental health services under this

12-23    chapter, first hear evidence and determine whether the person

12-24    committed the offense.  After hearing evidence on this issue, the

12-25    court or jury shall make findings on whether the person committed

12-26    the offense.

12-27          (b)  If the court or jury finds that the person committed the

 13-1    sexually violent offense, the court shall:

 13-2                (1)  enter a final order, appealable by the person, on

 13-3    that issue; and

 13-4                (2)  proceed under Subchapter C, Chapter 574, and this

 13-5    chapter to determine whether the person should receive

 13-6    court-ordered mental health services.

 13-7          (c)  The state must prove that the person committed the

 13-8    offense by clear and convincing evidence.

 13-9          (d)  A determination or finding of guilt in a hearing under

13-10    this chapter is not admissible in a criminal proceeding.

13-11          Sec. 579.072.  RELEASE AFTER HEARING.  (a)  The court shall

13-12    enter an order denying an application for court-ordered temporary

13-13    or extended mental health services under this chapter if after a

13-14    hearing the court or jury fails to find, from clear and convincing

13-15    evidence, that the proposed patient suffers from a mental illness

13-16    that makes the person likely to commit a predatory sexually violent

13-17    offense and meets the applicable criteria for court-ordered mental

13-18    health services.

13-19          (b)  If the court denies the application, the court shall

13-20    order the immediate release of a proposed patient who is not at

13-21    liberty.

13-22          (c)  The court shall make arrangements to return a person

13-23    released under Subsection (b) to:

13-24                (1)  the location of the person's apprehension;

13-25                (2)  the person's residence in this state;

13-26                (3)  the location to which the person would have been

13-27    released from detention or confinement if the person was

 14-1    transported from the place of detention or confinement under

 14-2    Section 579.052(b)(2);

 14-3                (4)  the custody of the entity or institution

 14-4    responsible for the person's detention or confinement, if the

 14-5    entity or institution has not released the person; or

 14-6                (5)  another suitable location.

 14-7          Sec. 579.073.  ORDER FOR TEMPORARY MENTAL HEALTH SERVICES.

 14-8    (a)  The judge or jury may determine that a proposed patient

 14-9    requires court-ordered temporary mental health services under this

14-10    chapter only if the judge or jury finds, from clear and convincing

14-11    evidence, that:

14-12                (1)  the proposed patient suffers from a mental illness

14-13    that makes the proposed patient likely to commit a predatory

14-14    sexually violent offense; and

14-15                (2)  as a result of that mental illness the proposed

14-16    patient:

14-17                      (A)  is likely to cause serious harm to others;

14-18    or

14-19                      (B)  will, if not treated, continue to experience

14-20    the propensity to commit a predatory sexually violent offense, will

14-21    continue to experience an inability to resist the impulse to commit

14-22    a predatory sexually violent offense, and is unable to make a

14-23    rational and informed decision as to whether or not to submit to

14-24    treatment.

14-25          (b)  The judge or jury must specify which criterion listed in

14-26    Subsection (a)(2) forms the basis for the decision.

14-27          (c)  To be clear and convincing under this section, the

 15-1    evidence must include expert testimony and, unless waived:

 15-2                (1)  if the person was not in the custody of an entity

 15-3    described by Sections 579.021(c)-(f) at the time the application

 15-4    was filed, evidence of a recent overt act or a continuing pattern

 15-5    of behavior before or after release from detention or confinement

 15-6    that tends to confirm the likelihood to commit a predatory sexually

 15-7    violent offense or the person's inability to resist the impulse to

 15-8    commit a predatory sexually violent offense; or

 15-9                (2)  if the person was in the custody of an entity

15-10    described by Sections 579.021(c)-(f) at the time the application

15-11    was filed, evidence that the mental illness that makes the person

15-12    likely to commit a predatory sexually violent offense is not

15-13    subject to treatment, or if the illness is subject to treatment,

15-14    that the person was either unable to obtain treatment or did not

15-15    respond to treatment.

15-16          (d)  The proposed patient and the proposed patient's

15-17    attorney, by a written document filed with the court, may waive the

15-18    right to cross-examine witnesses, and, if that right is waived, the

15-19    court may admit, as evidence, the certificates of medical

15-20    examination for mental illness.  The certificates admitted under

15-21    this subsection constitute competent medical or psychiatric

15-22    testimony, and the court may make its findings solely from the

15-23    certificates.  If the proposed patient and the proposed patient's

15-24    attorney do not waive in writing the right to cross-examine

15-25    witnesses, the court shall proceed to hear testimony.  The

15-26    testimony must include competent medical or psychiatric testimony.

15-27    In addition, the court may consider the testimony of a nonphysician

 16-1    mental health professional as provided by Section 574.031(f).

 16-2          (e)  An order for temporary mental health services shall

 16-3    state that treatment is authorized for not longer than 90 days.

 16-4    The order may not specify a shorter period.

 16-5          Sec. 579.074.  ORDER FOR EXTENDED MENTAL HEALTH SERVICES.

 16-6    (a)  The jury, or the judge if the right to a jury is waived, may

 16-7    determine that a proposed patient requires court-ordered extended

 16-8    mental health services only if the jury or judge finds, from clear

 16-9    and convincing evidence, that:

16-10                (1)  the proposed patient suffers from a mental illness

16-11    that makes the proposed patient likely to commit a predatory

16-12    sexually violent offense;

16-13                (2)  as a result of that mental illness the proposed

16-14    patient:

16-15                      (A)  is likely to cause serious harm to others;

16-16    or

16-17                      (B)  will, if not treated, continue to experience

16-18    the propensity to commit a predatory sexually violent offense, will

16-19    continue to experience an inability to resist the impulse to commit

16-20    a predatory sexually violent offense, and is unable to make a

16-21    rational and informed decision as to whether or not to submit to

16-22    treatment; and

16-23                (3)  the proposed patient's condition is expected to

16-24    continue for more than 90 days.

16-25          (b)  The jury or judge must specify which criterion listed in

16-26    Subsection (a)(2) forms the basis for the decision.

16-27          (c)  To be clear and convincing under this section, the

 17-1    evidence must include expert testimony and, unless waived:

 17-2                (1)  if the person was not in the custody of an entity

 17-3    described by Sections 579.021(c)-(f) at the time the application

 17-4    was filed, evidence of a recent overt act or a continuing pattern

 17-5    of behavior before or after release from detention or confinement

 17-6    that tends to confirm the likelihood to commit a predatory sexually

 17-7    violent offense or the person's inability to resist the impulse to

 17-8    commit a predatory sexually violent offense; or

 17-9                (2)  if the person was in the custody of an entity

17-10    described by Sections 579.021(c)-(f) at the time the application

17-11    was filed, evidence that the mental illness that makes the person

17-12    likely to commit a predatory sexually violent offense is not

17-13    subject to treatment, or if the illness is subject to treatment,

17-14    that the person was either unable to obtain treatment or did not

17-15    respond to treatment.

17-16          (d)  The court may not make its findings solely from the

17-17    certificates of medical examination for mental illness but shall

17-18    hear testimony.  The court may not enter an order for extended

17-19    mental health services unless appropriate findings are made and are

17-20    supported by testimony taken at the hearing.  The testimony must

17-21    include competent medical or psychiatric testimony.

17-22          (e)  An order for extended mental health services shall state

17-23    that treatment is authorized for not longer than 12 months.  The

17-24    order may not specify a shorter period.

17-25          Sec. 579.075.  ORDER OF CARE AND COMMITMENT.  (a)  The judge

17-26    shall dismiss the jury, if any, after a hearing in which a person

17-27    is found to suffer from a mental illness that makes the person

 18-1    likely to commit a predatory sexually violent offense and to meet

 18-2    the applicable criteria for court-ordered temporary or extended

 18-3    mental health services.

 18-4          (b)  The judge may hear additional evidence relating to

 18-5    alternative settings for care before entering an order relating to

 18-6    the setting for the care the person will receive.

 18-7          (c)  The judge shall consider in determining the setting for

 18-8    care the recommendation for the most appropriate treatment

 18-9    alternative filed under Section 574.012.

18-10          (d)  The judge shall order the mental health services

18-11    provided in the least restrictive appropriate setting available.

18-12    In determining the least restrictive appropriate setting, the judge

18-13    may order that a person be housed and treated in an area that is

18-14    separate from patients who do not receive mental health services

18-15    under this chapter if the judge finds that:

18-16                (1)  the person will not receive adequate mental health

18-17    treatment unless the person is housed and treated separately;

18-18                (2)  a mental health facility or area within a mental

18-19    health facility that treats other patients is insufficiently

18-20    secure; or

18-21                (3)  housing and treating the person with other

18-22    patients in a mental health facility or area within a mental health

18-23    facility is not safe for the other patients.

18-24          (e)  The judge may enter an order:

18-25                (1)  committing the person to a mental health facility

18-26    for inpatient care; or

18-27                (2)  requiring the person to participate in other

 19-1    mental health services, including community center programs and

 19-2    services provided by a private psychiatrist or psychologist.

 19-3             (Sections 579.076-579.090 reserved for expansion)

 19-4       SUBCHAPTER E.  DESIGNATION OF FACILITY AND TRANSPORTATION OF

 19-5                        SEXUALLY VIOLENT PREDATORS

 19-6          Sec. 579.091.  COMMITMENT OF SEXUALLY VIOLENT PREDATOR TO

 19-7    INSTITUTIONAL DIVISION.  (a)  The court may not commit a sexually

 19-8    violent predator to an inpatient mental health facility of the

 19-9    institutional division of the Texas Department of Criminal Justice.

19-10          (b)  The court shall order the sheriff or constable to

19-11    accompany the patient to the designated mental health facility

19-12    unless the court determines that the sheriff or constable is not

19-13    necessary.

19-14          Sec. 579.092.  TRANSCRIPT.  In addition to information

19-15    required under Section 574.047, the court clerk shall include:

19-16                (1)  the patient's criminal history record information,

19-17    if available, in accordance with the procedures prescribed by

19-18    Subchapter F, Chapter 411, Government Code; and

19-19                (2)  any information relating to the classification or

19-20    reclassification of the patient while confined in the Texas Youth

19-21    Commission or the institutional division of the Texas Department of

19-22    Criminal Justice.

19-23             (Sections 579.093-579.100 reserved for expansion)

19-24                SUBCHAPTER F.  POST-COMMITMENT PROCEEDINGS

19-25          Sec. 579.101.  MODIFICATION OF ORDER FOR OUTPATIENT TREATMENT

19-26    OF SEXUALLY VIOLENT PREDATOR.  (a)  A prosecuting attorney who is

19-27    entitled to receive notice under Section 579.021 may, in addition

 20-1    to the persons authorized under Section 574.062, request a hearing

 20-2    under Section 574.062 for modification of an order requiring

 20-3    outpatient treatment.

 20-4          (b)  Instead of the information required under Section

 20-5    574.063(b), an application for the temporary detention of a person

 20-6    receiving outpatient treatment pending a modification hearing must

 20-7    state the applicant's opinion and detail the reasons for the

 20-8    applicant's opinion that:

 20-9                (1)  the patient meets the criteria described by

20-10    Subsection (c); and

20-11                (2)  detention in an inpatient mental health facility

20-12    is necessary to evaluate the appropriate setting for continued

20-13    court-ordered services.

20-14          (c)  The court may modify an order for outpatient services as

20-15    prescribed by Section 574.065 if the court determines that the

20-16    patient continues to meet the applicable criteria for court-ordered

20-17    mental health services prescribed by Section 579.073 or 579.074 and

20-18    that:

20-19                (1)  the patient has not complied with the court's

20-20    order; or

20-21                (2)  the patient's condition has deteriorated to the

20-22    extent that outpatient services are no longer appropriate.

20-23          Sec. 579.102.  NOTICE TO PROSECUTING ATTORNEY BEFORE

20-24    TERMINATION OF EXTENDED MENTAL HEALTH SERVICES.  (a)  The

20-25    administrator of a facility that provides extended mental health

20-26    services to a person committed under this chapter shall, before the

20-27    45th day before the date the court order expires or the date the

 21-1    facility administrator intends to release the person from the

 21-2    facility in accordance with Section 574.086 or 579.105, notify each

 21-3    prosecuting attorney who is entitled to receive notice under

 21-4    Section 579.021 of the impending release of the person.

 21-5          (b)  The facility administrator may designate an employee to

 21-6    provide notice required by this section.

 21-7          (c)  The facility administrator may not release a person

 21-8    committed under Section 574.086 or 579.105 before the 46th day

 21-9    after the date the administrator provides notice under Subsection

21-10    (a).

21-11          Sec. 579.103.  RENEWAL OF ORDER FOR EXTENDED MENTAL HEALTH

21-12    SERVICES FOR SEXUALLY VIOLENT PREDATOR.  (a)  A prosecuting

21-13    attorney who receives a notification under Section 579.102 or other

21-14    adult may file an application to renew an order under this chapter

21-15    for extended mental health services.

21-16          (b)  The application must explain in detail why the

21-17    prosecuting attorney or person requests renewal.  An application

21-18    under this chapter to renew an order committing the patient to

21-19    extended inpatient mental health services must also explain in

21-20    detail why a less restrictive setting is not appropriate.

21-21          (c)  The application must be accompanied by two certificates

21-22    of medical examination for mental illness signed by physicians who

21-23    examined the patient during the 30 days preceding the date on which

21-24    the application is filed.

21-25          (d)  The court shall appoint an attorney to represent the

21-26    patient when an application is filed.

21-27          (e)  The patient or the patient's attorney or other

 22-1    individual may request a hearing on the application.  The court may

 22-2    set a hearing on its own motion.  An application for which a

 22-3    hearing is requested or set is considered an original application

 22-4    for court-ordered extended mental health services.

 22-5          (f)  A court may not renew an order unless the court finds

 22-6    that the patient meets the criteria for extended mental health

 22-7    services prescribed by Section 579.074(a).  The court must make the

 22-8    findings prescribed by this subsection to renew an order,

 22-9    regardless of whether a hearing is requested or set.  A renewed

22-10    order authorizes treatment for not more than 12 months.

22-11          (g)  If a hearing is not requested or set, the court may

22-12    admit into evidence the certificates of medical examination for

22-13    mental illness.  The certificates constitute competent medical or

22-14    psychiatric testimony, and the court may make its findings solely

22-15    from the certificates and the detailed request for renewal.

22-16          (h)  The court, after renewing an order for extended

22-17    inpatient mental health services, may modify the order to provide

22-18    for outpatient mental health services in accordance with Section

22-19    574.037.

22-20          Sec. 579.104.  MOTION FOR REHEARING.  (a)  The court may set

22-21    aside an order requiring court-ordered mental health services under

22-22    this chapter and grant a motion for rehearing for good cause shown.

22-23          (b)  Pending the hearing, the court may:

22-24                (1)  stay the court-ordered mental health services and

22-25    release the proposed patient from custody before the hearing if the

22-26    court is satisfied that the proposed patient does not meet the

22-27    criteria for protective custody under Section 579.052(a); and

 23-1                (2)  if the proposed patient is at liberty, require an

 23-2    appearance bond in an amount set by the court.

 23-3          Sec. 579.105.  REQUEST FOR REEXAMINATION.  (a)  A patient

 23-4    receiving court-ordered extended mental health services under this

 23-5    chapter, or any interested person on the patient's behalf and with

 23-6    the patient's consent, may file a request with a court for a

 23-7    reexamination and a hearing to determine if the patient continues

 23-8    to meet the criteria for the services.

 23-9          (b)  The request must be filed in the county in which the

23-10    patient is receiving the services.

23-11          (c)  The court may, for good cause shown:

23-12                (1)  require that the patient be reexamined;

23-13                (2)  schedule a hearing on the request; and

23-14                (3)  notify each prosecuting attorney entitled to

23-15    notice under Section 579.021 and the facility administrator of the

23-16    facility providing mental health services to the patient.

23-17          (d)  A court is not required to order a reexamination or

23-18    hearing if the request is filed within six months after the date an

23-19    order under this chapter for extended mental health services is

23-20    entered or after a similar request is filed.

23-21          (e)  After receiving the court's notice, the facility

23-22    administrator shall arrange for the patient to be reexamined.

23-23          (f)  The facility administrator or the administrator's

23-24    qualified authorized designee shall discharge the patient if the

23-25    facility administrator or designee determines that the patient no

23-26    longer meets the criteria for court-ordered extended mental health

23-27    services under this chapter.  The administrator or designee shall

 24-1    notify each prosecuting attorney of the impending discharge of the

 24-2    person as prescribed by Section 579.102.

 24-3          (g)  If the facility administrator or the administrator's

 24-4    designee determines that the patient continues to meet the criteria

 24-5    for court-ordered extended mental health services under this

 24-6    chapter, the facility administrator or designee shall file a

 24-7    certificate of medical examination for mental illness with the

 24-8    court within 10 days after the date on which the request for

 24-9    reexamination and hearing is filed.

24-10          Sec. 579.106.  HEARING ON REQUEST FOR REEXAMINATION.  (a)  A

24-11    court that required a patient's reexamination under Section 579.105

24-12    may set a date and place for a hearing on the request if, not later

24-13    than the 10th day after the date on which the request is filed:

24-14                (1)  a certificate of medical examination for mental

24-15    illness stating that the patient continues to meet the criteria for

24-16    court-ordered extended mental health services under this chapter

24-17    has been filed; or

24-18                (2)  a certificate has not been filed and the patient

24-19    has not been discharged.

24-20          (b)  At the time the hearing is set, the judge shall:

24-21                (1)  appoint an attorney to represent a patient who

24-22    does not have an attorney; and

24-23                (2)  give notice of the hearing to the patient, the

24-24    patient's attorney, each prosecuting attorney who is entitled to

24-25    notice under Section 579.021, and the facility administrator.

24-26          (c)  The judge shall appoint a physician to examine the

24-27    patient and file a certificate of medical examination for mental

 25-1    illness with the court.  The judge shall appoint a physician who is

 25-2    not on the staff of the mental health facility in which the patient

 25-3    is receiving services and who is a psychiatrist if a psychiatrist

 25-4    is available in the county.  The court shall ensure that the

 25-5    patient may be examined by a physician of the patient's choice and

 25-6    at the patient's own expense if requested by the patient.

 25-7          (d)  The hearing is held before the court and without a jury.

 25-8    The hearing must be held in accordance with the requirements for a

 25-9    hearing on an application for court-ordered mental health services.

25-10          (e)  The court shall dismiss the request if the court finds

25-11    from clear and convincing evidence that the patient continues to

25-12    meet the criteria for court-ordered extended mental health services

25-13    prescribed by Section 579.074.

25-14          (f)  The judge shall order the facility administrator to

25-15    discharge the patient if the court fails to find from clear and

25-16    convincing evidence that the patient continues to meet the

25-17    criteria.

25-18          Sec. 579.107.  APPEAL.  Pending an appeal under Section

25-19    574.070, the trial judge in whose court the cause is pending may:

25-20                (1)  stay the order and release the patient from

25-21    custody before the appeal if the judge is satisfied that the

25-22    patient was released from the custody of an entity described by

25-23    Sections 579.021(c)-(f) and does not meet the criteria for

25-24    protective custody under Section 579.052; and

25-25                (2)  if the proposed patient is at liberty, require an

25-26    appearance bond in an amount set by the court.

25-27          SECTION 2.  Subchapter F, Chapter 411, Government Code, is

 26-1    amended by adding Section 411.132 to read as follows:

 26-2          Sec. 411.132.  ACCESS TO CRIMINAL HISTORY RECORD

 26-3    INFORMATION:  SEXUALLY VIOLENT PREDATORS.  (a)  A prosecuting

 26-4    attorney or county or district attorney who files or intends to

 26-5    file an application for court-ordered mental health services under

 26-6    Chapter 579, Health and Safety Code, may obtain from the department

 26-7    criminal history record information maintained by the department

 26-8    that relates to a person who is the subject of the application.

 26-9          (b)  A psychiatrist for the institutional division of the

26-10    Texas Department of Criminal Justice who files or intends to file

26-11    an application for court-ordered mental health services under

26-12    Chapter 579, Health and Safety Code, may obtain from the department

26-13    criminal history record information maintained by the department

26-14    that relates to the person who is the subject of the application.

26-15          SECTION 3.  Section 411.083(c), Government Code, is amended

26-16    to read as follows:

26-17          (c)  Except as provided by Section 411.132, the [The]

26-18    department may disseminate criminal history record information

26-19    under Subsection (b)(1) only for a criminal justice purpose.  The

26-20    department may disseminate criminal history record information

26-21    under Subsection (b)(2) only for a purpose specified in the statute

26-22    or order.  The department may disseminate criminal history record

26-23    information under Subsection (b)(4) or (b)(5) only for a purpose

26-24    approved by the department and only under rules adopted by the

26-25    department.

26-26          SECTION 4.  Section 571.0165(a), Health and Safety Code, is

26-27    amended to read as follows:

 27-1          (a)  If extremely hazardous weather conditions exist or a

 27-2    disaster occurs, the judge of a court having jurisdiction of a

 27-3    proceeding under Chapter [Chapters] 572, 573, 574, [and] 575, or

 27-4    579 or a magistrate appointed by the judge may by written order

 27-5    made each day extend the period during which the person may be

 27-6    detained under those chapters until 4 p.m. on the first succeeding

 27-7    business day.

 27-8          SECTION 5.  Sections 571.018(a) and (f), Health and Safety

 27-9    Code, are amended to read as follows:

27-10          (a)  The costs for a hearing or proceeding under this

27-11    subtitle shall be paid by:

27-12                (1)  the county that initiates emergency detention

27-13    procedures under Subchapter A or B, Chapter 573, or Chapter 579; or

27-14                (2)  if no emergency detention procedures are

27-15    initiated, the county that accepts an application for court-ordered

27-16    mental health services, issues an order for protective custody, or

27-17    issues an order for temporary mental health services.

27-18          (f)  A proposed patient's county of residence shall pay the

27-19    court-approved expenses incurred under Section 574.010 if ordered

27-20    by the court under that section or under similar circumstances in a

27-21    proceeding under Chapter 579 if ordered by the court.

27-22          SECTION 6.  Section 574.102, Health and Safety Code, is

27-23    amended to read as follows:

27-24          Sec. 574.102.  APPLICATION OF SUBCHAPTER.  This subchapter

27-25    applies only to the application of medication to a patient subject

27-26    to an order for inpatient mental health services under Section

27-27    574.034, [or] 574.035, 579.073, or 579.074.

 28-1          SECTION 7.  Sections 574.104(a), (b), and (d), Health and

 28-2    Safety Code, are amended to read as follows:

 28-3          (a)  A physician who is treating a patient may, on behalf of

 28-4    the state, file an application in a probate court or a court with

 28-5    probate jurisdiction for an order to authorize the administration

 28-6    of a psychoactive medication regardless of the patient's refusal

 28-7    if:

 28-8                (1)  the physician believes that the patient lacks the

 28-9    capacity to make a decision regarding the administration of the

28-10    psychoactive medication;

28-11                (2)  the physician determines that the medication is

28-12    the proper course of treatment for the patient;

28-13                (3)  the patient is under an order for temporary or

28-14    extended mental health services under Section 574.034, [or]

28-15    574.035, 579.073, or 579.074 or an application for court-ordered

28-16    mental health services under Section 574.034, [or] 574.035,

28-17    579.073, or 579.074 has been filed for the patient; and

28-18                (4)  the patient, verbally or by other indication,

28-19    refuses to take the medication voluntarily.

28-20          (b)  An application filed under this section must state:

28-21                (1)  that the physician believes that the patient lacks

28-22    the capacity to make a decision regarding administration of the

28-23    psychoactive medication and the reasons for that belief;

28-24                (2)  each medication the physician wants the court to

28-25    compel the patient to take;

28-26                (3)  whether an application for court-ordered mental

28-27    health services under Section 574.034, [or] 574.035, 579.073, or

 29-1    579.074 has been filed or the current order for inpatient mental

 29-2    health services for the patient was issued under Section 574.034,

 29-3    [or under Section] 574.035, 579.073, or 579.074; and

 29-4                (4)  the physician's diagnosis of the patient.

 29-5          (d)  The hearing on the application may be held on the date

 29-6    of a hearing on an application for court-ordered mental health

 29-7    services under Section 574.034, [or] 574.035, 579.073, or 579.074

 29-8    but shall be held not later than 30 days after the filing of the

 29-9    application for the order to authorize psychoactive medication.  If

29-10    the hearing is not held on the same day as the application for

29-11    court-ordered mental health services under Section 574.034, [or]

29-12    574.035, 579.073, or 579.074 and the patient is transferred to a

29-13    mental health facility in another county, the court may transfer

29-14    the application for an order to authorize psychoactive medication

29-15    to the county where the patient has been transferred.

29-16          SECTION 8.  This Act takes effect September 1, 1997.

29-17          SECTION 9.  Chapter 579, Health and Safety Code, as added by

29-18    this Act, applies to the commitment of a person who commits or has

29-19    committed a sexually violent offense regardless of the date on

29-20    which the offense occurs or has occurred.

29-21          SECTION 10.  The importance of this legislation and the

29-22    crowded condition of the calendars in both houses create an

29-23    emergency and an imperative public necessity that the

29-24    constitutional rule requiring bills to be read on three several

29-25    days in each house be suspended, and this rule is hereby suspended.