HBA-JLV, AMW, EDN H.B. 1071 77(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 1071 By: Farabee Criminal Jurisprudence 7/17/2001 Enrolled BACKGROUND AND PURPOSE Although there were a number of mechanisms in place to divert certain offenders with mental illness or mental retardation from jails to appropriate facilities, prior to the 77th Legislature state law did not expressly define the procedures for diverting individuals to mental health facilities. As a result, many judges and attorneys were uncertain about how to determine which individuals were appropriate for diversion and were hesitant to divert individuals to mental health facilities. House Bill 1071 incorporates specific references to the role of local mental health and mental retardation authorities in performing evaluations of defendants and making recommendations to the court in regard to diverting certain offenders from jail to mental health facilities, modifies the contents of the defendant's evaluation report, and modifies provisions relating to mental health examinations and the release of a defendant on personal bond. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 1071 amends the Code of Criminal Procedure to include a local mental health or mental retardation authority among the mental health or mental retardation experts authorized to conduct an examination of a defendant's mental health. The bill modifies provisions relating to a submission order by a magistrate or court, authorizing the magistrate or court to order the defendant to submit to examination in a mental health facility determined to be appropriate by the local authority. In addition, the bill authorizes a magistrate or court to order a defendant to a facility operated by the Texas Department of Mental Health and Mental Retardation for examination on request of the local authority (Arts. 16.22 and 46.02). The bill also requires that a written report of the examination include whether the defendant is competent to stand trial. The bill authorizes the court, once the court receives the examining expert's report, to resume proceedings related to the defendant's release on personal bond or proceedings affecting the defendant's receipt of appropriate court-ordered mental health or mental retardation services, including proceedings related to the defendant's receipt of outpatient mental health services (Art. 16.22). The bill modifies provisions relating to the conditions of release of a defendant on personal bond (Art. 17.032). The bill requires the court, when a defendant has been determined incompetent to stand trial for a felony or misdemeanor because of mental illness or mental retardation, to determine whether the conduct committed by the defendant involved an act, attempt, or threat of serious bodily injury to another person. If the court determines that the defendant's conduct involved an act, attempt, or threat of serious bodily injury to another person, the court is required to enter an order committing the defendant to the maximum security unit of certain facilities. If the court determines that the defendant's conduct did not involve an act, attempt, or threat of serious bodily injury to another person, the court is required to enter an order committing the defendant to a mental health facility determined appropriate by the local authority. On request of the local authority, the court is authorized to enter an order committing the defendant to a facility operated by the department (Art. 46.02). The bill amends the Family Code to authorize the juvenile court to order a referred child to be examined by the local mental health or mental retardation authority (Sec. 51.20). EFFECTIVE DATE September 1, 2001.