By Maxey H.B. No. 2952
76R7331 SMJ-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the participation of certain inmates and former inmates
1-3 in certain pilot programs for mental health care.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. TESTING OF MEDICATION ALGORITHMS AT CORRECTIONS
1-6 FACILITY. (a) The Texas Department of Criminal Justice, in
1-7 cooperation with the Texas Department of Mental Health and Mental
1-8 Retardation, shall select a site at a state corrections facility
1-9 and permit mentally ill inmates at the site to participate in pilot
1-10 testing of the Texas Medication Algorithm Project. The site
1-11 selected must be conducive to the project's evaluation of the costs
1-12 and benefits of treatment algorithms for persons with mental
1-13 illness.
1-14 (b) The Texas Department of Criminal Justice shall pay the
1-15 costs for inmate participation in the project from money
1-16 appropriated for inmate mental health care to the Correctional
1-17 Managed Health Care Advisory Committee.
1-18 (c) The Texas Board of Criminal Justice shall adopt rules
1-19 necessary to implement this section.
1-20 SECTION 2. INCLUSION OF JUVENILES IN MEDICATION ALGORITHM
1-21 PROJECT. The Texas Department of Mental Health and Mental
1-22 Retardation shall include mentally ill persons who have been
1-23 committed to a facility under the jurisdiction of the Texas Youth
1-24 Commission in the Children's Medication Algorithm Project. The
2-1 department shall select the participants in cooperation with the
2-2 Texas Youth Commission, the Texas Juvenile Probation Commission,
2-3 and the Department of Protective and Regulatory Services.
2-4 SECTION 3. REPRESENTATIVE PAYEE PROJECT FOR RELEASED
2-5 INMATES. (a) The Texas Council on Offenders with Mental
2-6 Impairments, in cooperation with the Texas Department of Mental
2-7 Health and Mental Retardation, shall establish a pilot project in
2-8 one or more counties to assist former inmates with mental illness
2-9 who receive federal disability benefits following their release
2-10 from a corrections facility.
2-11 (b) The pilot project must establish procedures under which
2-12 a local mental health care provider may serve as the representative
2-13 payee, as provided by 42 U.S.C. Section 405, for former inmates
2-14 with mental illness who receive disability benefits. A provider
2-15 that may serve as a representative payee includes:
2-16 (1) a community mental health center established under
2-17 Subchapter A, Chapter 534, Health and Safety Code; or
2-18 (2) a regional clinic operated by The University of
2-19 Texas Medical Branch or Texas Tech University Health Sciences
2-20 Center.
2-21 (c) While serving as a representative payee, a mental health
2-22 care provider must use the federal benefits it receives for the
2-23 provision of services to the former inmate, including:
2-24 (1) medical care;
2-25 (2) housing assistance;
2-26 (3) financial assistance;
2-27 (4) services incorporating treatment algorithms for
3-1 persons with mental illness, where practicable; and
3-2 (5) other services necessary to assist the former
3-3 inmate in reentering a community.
3-4 (d) Following a reasonable pilot period, the Texas Council
3-5 on Offenders with Mental Impairments shall evaluate the project and
3-6 report its results to the 77th Legislature. In its report, the
3-7 council shall recommend whether the project should be discontinued,
3-8 continued, or expanded.
3-9 SECTION 4. COOPERATION WITH COMPTROLLER'S OFFICE. A state
3-10 agency that participates in the Texas Medication Algorithm Project
3-11 or the Children's Medication Algorithm Project shall cooperate with
3-12 the comptroller in developing an analysis of the costs and
3-13 benefits of medical treatment algorithms for inmates and former
3-14 inmates with mental illness. The comptroller shall report on the
3-15 results of the analysis to the 77th Legislature.
3-16 SECTION 5. EXPIRATION. This Act expires January 17, 2001.
3-17 SECTION 6. EMERGENCY. The importance of this legislation
3-18 and the crowded condition of the calendars in both houses create an
3-19 emergency and an imperative public necessity that the
3-20 constitutional rule requiring bills to be read on three several
3-21 days in each house be suspended, and this rule is hereby suspended,
3-22 and that this Act take effect and be in force from and after its
3-23 passage, and it is so enacted.