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.