HBA-JLV, AMW, EDN C.S.H.B. 1071 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1071 By: Farabee Criminal Jurisprudence 3/18/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Although there are a number of mechanisms in place to divert certain offenders with mental illness or mental retardation from jails to appropriate facilities, current law does not expressly define the procedures for diverting individuals to mental health facilities. As a result, many judges and attorneys are uncertain about how to determine which individuals are appropriate for diversion and may be hesitant to divert individuals to mental health facilities. C.S.H.B. 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 C.S.H.B. 1071 amends the Code of Criminal Procedure to include a local mental health or mental retardation authority (local 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, authorizing the magistrate 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 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. 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 courtordered mental health or mental retardation services, including proceedings related to the defendant's receipt of outpatient mental health services. The bill modifies provisions relating to the conditions of release of a defendant on personal bond. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 1071 modifies the original to amend the provision relating to the court's authorization to resume certain criminal proceedings against the defendant.