By: Moncrief S.B. No. 1212
97S0747/1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to procedures to deal with an individual who is in the
1-2 criminal justice system and who has a mental illness or is a person
1-3 with mental retardation.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 16.22, Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 Art. 16.22. EXAMINATION AND TRANSFER OF SUSPECTED MENTALLY
1-8 ILL OR RETARDED DEFENDANT. (a) Not later than 72 hours after
1-9 receiving [If a sheriff provides to a magistrate] evidence or a
1-10 statement that establishes reasonable cause to believe that a
1-11 defendant committed to the sheriff's custody has a mental illness
1-12 or is a person with [mental illness or] mental retardation, the
1-13 sheriff shall notify a magistrate of that fact. The magistrate
1-14 shall order an examination of the defendant by a disinterested
1-15 expert experienced and qualified in mental health or mental
1-16 retardation to determine whether the defendant has a mental illness
1-17 as defined by Section 571.003, Health and Safety Code, or is a
1-18 person with mental retardation as defined by Section 591.003,
1-19 Health and Safety Code. If the defendant fails or refuses to
1-20 submit to examination, the magistrate may order the defendant to
1-21 custody for examination for a reasonable period not to exceed 21
1-22 days. The magistrate may not order a defendant to a facility
1-23 operated by the Texas Department of Mental Health and Mental
2-1 Retardation for examination without the consent of the head of that
2-2 facility or for a period exceeding 21 days. If a defendant who has
2-3 been ordered to a facility operated by the Texas Department of
2-4 Mental Health and Mental Retardation for examination remains in the
2-5 facility for a period exceeding 21 days, the head of that facility
2-6 shall cause the defendant to be immediately transported to the
2-7 committing court and placed in the custody of the sheriff of the
2-8 county in which the committing court is located. That county shall
2-9 reimburse the Texas Department of Mental Health and Mental
2-10 Retardation facility for the mileage and per diem expenses of the
2-11 personnel required to transport the defendant, calculated in
2-12 accordance with the state travel regulations in effect at the time.
2-13 (b) A written report of the examination shall be submitted
2-14 to the magistrate within 30 days of the order of examination, and
2-15 the magistrate shall furnish copies of the report to the defense
2-16 counsel and the prosecuting attorney. The report shall include a
2-17 description of the procedures used in the examination, the
2-18 examiner's observations and findings pertaining to whether the
2-19 defendant has a mental illness or is a person with mental
2-20 retardation, and recommended treatment [under Section 3(b), Article
2-21 46.02, of this code and, if necessary, the transfer of the
2-22 defendant to the nearest appropriate mental health or mental
2-23 retardation facility in the manner provided by Section 3(b),
2-24 Article 46.02, of this code].
2-25 (c) [(b)] After the court receives the examining expert's
3-1 report relating to the defendant under Subsection (b) of this
3-2 section [Section 3(d), Article 46.02, of this code], the court may
3-3 resume the criminal proceedings against the defendant or [further]
3-4 competency proceedings, if required, as provided by Article 46.02
3-5 of this code.
3-6 SECTION 2. Subsections (b) and (c), Article 17.032, Code of
3-7 Criminal Procedure, are amended to read as follows:
3-8 (b) A magistrate shall release a defendant on personal bond
3-9 if the:
3-10 (1) defendant is not charged with and has not been
3-11 previously convicted of a violent offense;
3-12 (2) defendant is examined by a mental health expert
3-13 under [Section 3(b),] Article 16.22 [46.02] of this code;
3-14 (3) examining expert, in a report submitted to the
3-15 magistrate under [Section 3(d),] Article 16.22 [46.02,] of this
3-16 code:
3-17 (A) concludes that the defendant has a mental
3-18 illness or is a person with mental retardation [is mentally ill]
3-19 and is nonetheless competent to stand trial; and
3-20 (B) recommends mental health treatment for the
3-21 defendant; and
3-22 (4) magistrate determines, in consultation with a
3-23 local mental health services provider, that appropriate mental
3-24 health services for the defendant are available through the Texas
3-25 Department of Mental Health and Mental Retardation under Section
4-1 534.053, Health and Safety Code, or through another mental health
4-2 services provider.
4-3 (c) The magistrate, unless good cause is shown for not
4-4 requiring treatment, shall [may] require as a condition of release
4-5 on personal bond under this article that the defendant submit to
4-6 outpatient or inpatient mental health treatment if the defendant's:
4-7 (1) mental illness is chronic in nature; or
4-8 (2) ability to function independently will continue to
4-9 deteriorate if the defendant is not treated.
4-10 SECTION 3. Subsection (d), Section 11, Article 42.12, Code
4-11 of Criminal Procedure, is amended to read as follows:
4-12 (d) If the judge places a defendant on community supervision
4-13 and the defendant is determined to have a mental illness or be a
4-14 person with mental retardation [be mentally ill] by an examining
4-15 expert under Article 16.22 or Section 3, Article 46.02, of this
4-16 code or in a psychological evaluation conducted under Section 9(i)
4-17 of this article, the judge may require the defendant as a condition
4-18 of community supervision to submit to outpatient or inpatient
4-19 mental health treatment if the:
4-20 (1) defendant's:
4-21 (A) mental impairment [illness] is chronic in
4-22 nature; or
4-23 (B) ability to function independently will
4-24 continue to deteriorate if the defendant does not receive mental
4-25 health services [is not treated]; and
5-1 (2) judge determines, in consultation with a local
5-2 mental health services provider, that appropriate mental health
5-3 services for the defendant are available through the Texas
5-4 Department of Mental Health and Mental Retardation under Section
5-5 534.053, Health and Safety Code, or through another mental health
5-6 services provider.
5-7 SECTION 4. Subsections (a) and (c), Section 415.037,
5-8 Government Code, are amended to read as follows:
5-9 (a) The commission may certify a sheriff, sheriff's deputy,
5-10 constable, or other peace officer or a justice of the peace[,
5-11 constable, or municipal police officer] as a special officer for
5-12 offenders with mental impairments [mental health assignment] if the
5-13 [peace] officer has:
5-14 (1) successfully completed a training course in
5-15 emergency first aid and lifesaving techniques approved by the
5-16 commission;
5-17 (2) successfully completed a training course on
5-18 offenders with mental impairments [in mental health issues]
5-19 administered by the commission; and
5-20 (3) passed an examination administered by the
5-21 commission that is designed to test the officer's:
5-22 (A) knowledge and recognition of the
5-23 characteristics and symptoms of mental illness, mental retardation,
5-24 and mental disabilities; and
5-25 (B) knowledge of mental health crisis
6-1 intervention strategies for people with mental impairments.
6-2 (c) The commission by rule may establish minimum
6-3 requirements for the training, testing, and certification of
6-4 special officers for offenders with mental impairments [mental
6-5 health assignment].
6-6 SECTION 5. Subsection (a), Section 574.035, Health and
6-7 Safety Code, is amended to read as follows:
6-8 (a) The jury, or the judge if the right to a jury is waived,
6-9 may determine that a proposed patient requires court-ordered
6-10 extended mental health services only if the jury or judge finds,
6-11 from clear and convincing evidence, that:
6-12 (1) the proposed patient is mentally ill;
6-13 (2) as a result of that mental illness the proposed
6-14 patient:
6-15 (A) is likely to cause serious harm to himself;
6-16 (B) is likely to cause serious harm to others;
6-17 or
6-18 (C) will, if not treated, continue to suffer
6-19 severe and abnormal mental, emotional, or physical distress, will
6-20 continue to experience deterioration of his ability to function
6-21 independently, and is unable to make a rational and informed
6-22 decision as to whether or not to submit to treatment;
6-23 (3) the proposed patient's condition is expected to
6-24 continue for more than 90 days; and
6-25 (4) the proposed patient has received court-ordered
7-1 inpatient mental health services under this subtitle or under
7-2 [Section 5,] Article 46.02, Code of Criminal Procedure, for at
7-3 least 60 consecutive days during the preceding 12 months.
7-4 SECTION 6. Subsections (a) and (c), Section 614.013, Health
7-5 and Safety Code, are amended to read as follows:
7-6 (a) The Texas Department of Criminal Justice, the Texas
7-7 Department of Mental Health and Mental Retardation, [and]
7-8 representatives of local mental health or mental retardation
7-9 authorities appointed by the commissioner of the Texas Department
7-10 of Mental Health and Mental Retardation, and the directors of
7-11 community supervision and corrections departments by rule shall
7-12 adopt a memorandum of understanding that establishes their
7-13 respective responsibilities to institute a continuity of care and
7-14 service program for offenders with mental impairments in the
7-15 criminal justice system. The council shall coordinate and monitor
7-16 the development and implementation of the memorandum of
7-17 understanding.
7-18 (c) The Texas Department of Criminal Justice, the Texas
7-19 Department of Mental Health and Mental Retardation, [and] local
7-20 mental health or mental retardation authorities, and community
7-21 supervision and corrections departments shall:
7-22 (1) operate the continuity of care and service program
7-23 for offenders with mental impairments in the criminal justice
7-24 system with funds appropriated for that purpose; and
7-25 (2) actively seek federal grants or funds to operate
8-1 and expand the program.
8-2 SECTION 7. Section 614.017, Health and Safety Code, is
8-3 amended to read as follows:
8-4 Sec. 614.017. EXCHANGE OF INFORMATION. (a) An agency
8-5 authorized by this chapter to provide continuity of care for a
8-6 special needs offender may:
8-7 (1) receive information relating to a special needs
8-8 offender [convicted felon] regardless of whether other state law
8-9 makes that information confidential, if the agency receives the
8-10 information to further the purposes of this chapter; or
8-11 (2) disclose information relating to a special needs
8-12 offender [convicted felon], including information about the
8-13 offender's [felon's] identity, needs, treatment, social, criminal,
8-14 and vocational history, and medical and mental health history, if
8-15 the agency discloses the information to further the purposes of
8-16 this chapter.
8-17 (b) This section is not intended to conflict with a federal
8-18 law that restricts the disclosure of information described by
8-19 Subsection (a).
8-20 (c) In this section:
8-21 (1) "Agency" includes a division within an agency, a
8-22 person who has an agency relationship with an agency, and a person
8-23 who contracts with an agency.
8-24 (2) "Special needs offender" means a convicted felon
8-25 or an individual who is placed on community supervision after a
9-1 grant of deferred adjudication under Section 5, Article 42.12, Code
9-2 of Criminal Procedure.
9-3 SECTION 8. This Act takes effect September 1, 1997.
9-4 SECTION 9. The importance of this legislation and the
9-5 crowded condition of the calendars in both houses create an
9-6 emergency and an imperative public necessity that the
9-7 constitutional rule requiring bills to be read on three several
9-8 days in each house be suspended, and this rule is hereby suspended.