SRC-JEC S.B. 644 77(R)BILL ANALYSIS


Senate Research CenterS.B. 644
By: Moncrief
Health & Human Services
6/21/2001
Enrolled


DIGEST AND PURPOSE 

Currently, certain agencies which provide services regarding offenders with
mental impairments are required to adopt a memorandum of understanding
establishing their responsibilities in instituting continuity of care and
service programs for those offenders.  However, the memorandum presents no
clear provision regarding the collection and reporting of data on offenders
with mental impairments. S.B. 644 adds requirements for the memorandum
regarding the collection, reporting, coordination, and exchange of
information about offenders with mental impairments.  It also requires
agencies to contract with local agencies whenever possible to maximize
Medicaid funding. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency.  

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 614.013, Health and Safety Code, by amending
Subsections (a) and (b) and by adding Subsections (d) and (e), as follows: 

(a)  Removes rulemaking authority to adopt a memorandum of understanding
from the Texas Department of Criminal Justice, the Texas Department of
Mental Health and Mental Retardation, representatives of local mental
health or mental retardation authorities appointed by the commissioner of
the Texas Department of Mental Health and Mental Retardation, and the
directors of community supervision and corrections departments. 

(b)  Requires the memorandum of understanding to establish methods for:
identifying offenders with mental impairments in the criminal justice
system and collecting and reporting prevalence rate data to the Texas
Council on Offenders with Mental Impairments (council); developing
interagency standards for the coordination of care of and informational
exchanges on offenders with mental impairment by certain agencies,
including the Commission on Jail Standards and local jails; and
establishing a process to report implementation activities to the council. 

(d)  Requires local and state criminal justice agencies, whenever possible,
to contract with local mental health or mental retardation authorities to
maximize Medicaid funding and improve on the continuity of care and service
program for offenders with mental impairments in the criminal justice
system. 

(e)  Requires the council, in coordination with each state agency
identified in Subsection (b)(2), to develop a standardized process for
collecting and reporting the memorandum of understanding implementation
outcomes by local and state criminal justice agencies and local and state
mental health or mental retardation authorities.  Requires the findings of
these reports to be submitted to the council by September 1 of each
even-numbered year and to be included in recommendations to the legislature
in the council's biennium report. 

 SECTION 2.  Effective date: September 1, 2001.