By Maxey H.B. No. 1463
Substitute the following for H.B. No. 1463:
By Maxey C.S.H.B. No. 1463
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to mental health services for certain persons with mental
1-3 illness.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 533, Health and Safety Code, is amended by
1-6 adding Subchapter E to read as follows:
1-7 SUBCHAPTER E. JAIL DIVERSION PROGRAM
1-8 Sec. 533.101. JAIL DIVERSION PILOT PROGRAM. (a) The board
1-9 and department shall develop and implement a pilot program in one
1-10 rural area and one urban area designed the incorporates
1-11 audio-visual telecommunication systems to:
1-12 (1) divert persons with mental illness from the
1-13 criminal justice system, when appropriate treatment services are
1-14 available;
1-15 (2) provide access to appropriate mental health
1-16 services to persons who have entered the criminal justice system;
1-17 and
1-18 (3) increase the awareness of law enforcement officers
1-19 and officials to mental health issues that may bring persons with
1-20 mental illness into the criminal justice system.
1-21 (b) In designing the program, the commission shall employ to
1-22 the greatest extent practicable available electronic information
1-23 systems for the program, including:
1-24 (1) systems to enable the transmission of booking
2-1 information;
2-2 (2) computer and software systems to match client data
2-3 to booking information;
2-4 (3) electronic messaging and notification systems; and
2-5 (4) audiovisual teleconferencing or other
2-6 teleconferencing or telecommunications systems.
2-7 (c) The department and participating local mental health
2-8 authorities, prosecutorial agencies, law enforcement agencies, jail
2-9 facilities, courts, county or municipal governments, and providers
2-10 of psychiatric services shall enter into an agreement regarding the
2-11 procedures to follow in implementing the program and the duties of
2-12 each participating entity. The participating county shall be
2-13 responsible for establishing the diversion team as prescribed by
2-14 the department.
2-15 Sec. 533.102. PREBOOKING DIVERSION. (a) The pilot program
2-16 shall incorporate a system for diverting a person with mental
2-17 illness from the criminal justice system before the person's
2-18 contact with a law enforcement officer results in:
2-19 (1) charges being brought against the person; or
2-20 (2) the person being detained in a jail.
2-21 (b) The prebooking diversion system shall provide for a law
2-22 enforcement officer or booking center staff member to request a
2-23 mental health or crisis stabilization evaluation of a person by a
2-24 local mental health authority crisis counselor or the equivalent
2-25 through an audiovisual teleconference. The board by rule shall
2-26 establish procedures for evaluations performed under the system.
2-27 Sec. 533.103. POSTBOOKING DIVERSION BY COURT. The pilot
3-1 program shall incorporate a system for diverting a person with
3-2 mental illness from the criminal justice system by a court at the
3-3 person's arraignment or a court hearing. A court participating in
3-4 the pilot program may order:
3-5 (1) the assessment of a person before the court by the
3-6 local mental health authority to assess appropriate community
3-7 mental health treatment options as alternatives to prosecution; and
3-8 (2) a person before the court to undertake appropriate
3-9 psychiatric treatment as a condition of the dismissal of criminal
3-10 charges, deferral of prosecution, bail, or probation.
3-11 Sec. 533.104. POSTBOOKING DIVERSION FOR PERSON IN JAIL. (a)
3-12 The pilot program shall incorporate a system to provide routine
3-13 mental health treatment to a person in jail by the local mental
3-14 health authority through an audiovisual teleconferencing system.
3-15 (b) The program must include a jail diversion liaison
3-16 employed by the local mental health authority who shall:
3-17 (1) determine whether certain jailed individuals are
3-18 eligible for diversion treatment programs; and
3-19 (2) facilitate the interaction of jail staff and court
3-20 officials to further the program.
3-21 (c) The local mental health authority must employ a jail
3-22 diversion team to select candidates for diversion into mental
3-23 health treatment based on:
3-24 (1) the nature of the offense for which the person is
3-25 jailed;
3-26 (2) the person's history of incarceration;
3-27 (3) the person's mental status;
4-1 (4) the availability of community mental health
4-2 resources appropriate for the person;
4-3 (5) public safety factors;
4-4 (6) the person's previous performance in and
4-5 compliance with treatment settings; and
4-6 (7) other appropriate factors.
4-7 Sec. 533.105. INFORMATION SYSTEM TO SUPPORT POSTBOOKING
4-8 DIVERSION. (a) To support the postbooking jail diversion program,
4-9 the pilot program must provide for implementation of an information
4-10 system designed to quickly identify a person with a serious mental
4-11 illness who has entered the local jail system.
4-12 (b) The pilot program must provide for electronic
4-13 transmission of information concerning all admissions to jails
4-14 participating in the program to an information system at the local
4-15 mental health authority.
4-16 (c) The local mental health authority shall ensure that the
4-17 authority's information system automatically:
4-18 (1) identifies whether persons admitted to jail are
4-19 current or former clients of the authority using the person's name,
4-20 date of birth, social security number, sex, or other identifying
4-21 information; and
4-22 (2) notifies a jail diversion team and case manager at
4-23 the authority when a client or former client of the authority is
4-24 identified as having been admitted to jail.
4-25 Sec. 533.106. REPORTS TO LEGISLATURE. The board shall
4-26 evaluate the pilot program under this subchapter and publish a
4-27 report on the performance of the program in providing needed
5-1 treatment and in saving or increasing costs to the jail and mental
5-2 health systems. The board shall deliver the report to the
5-3 governor, lieutenant governor, and speaker of the house of
5-4 representatives not later than November 1 of each even-numbered
5-5 year.
5-6 Sec. 533.107. EXPIRATION. This subchapter expires September
5-7 1, 2005.
5-8 SECTION 2. Sections 573.001(d) and (e), Health and Safety
5-9 Code, are amended to read as follows:
5-10 (d) A peace officer who takes a person into custody under
5-11 Subsection (a) shall immediately transport the apprehended person
5-12 to:
5-13 (1) the nearest appropriate inpatient mental health
5-14 facility; or
5-15 (2) a facility deemed suitable by the county's mental
5-16 health authority, if an appropriate inpatient mental health
5-17 facility is not available, provided that the local mental health
5-18 authorities shall work to develop alternative short term placements
5-19 for persons under this section.
5-20 (e) A jail or similar detention facility may not be deemed
5-21 suitable under any circumstances unless as a last resort and where
5-22 an emergency room or a facility deemed suitable by the local mental
5-23 health authority is not accessible within 75 miles. Confinement in
5-24 a detention facility in no case shall be longer than 12 hours
5-25 [except in an extreme emergency]. If the person is detained in a
5-26 detention facility the sheriff shall document the time of
5-27 detention, the arrival time of the local mental health authority,
6-1 the reason for confinement and the length of confinement in a
6-2 detention facility.
6-3 SECTION 3. Sections 573.012(e)-(g), Health and Safety Code,
6-4 are amended to read as follows:
6-5 (e) A person apprehended under this section shall be
6-6 transported for a preliminary examination in accordance with
6-7 Section 573.021 to:
6-8 (1) the nearest appropriate inpatient mental health
6-9 facility; or
6-10 (2) a facility deemed suitable by the county's mental
6-11 health authority, if an appropriate inpatient mental health
6-12 facility is not available, provided that the local mental health
6-13 authorities shall work to develop alternative short term placements
6-14 under this section.
6-15 (f) A person may not be detained in a nonmedical facility
6-16 used to detain persons who are charged with or convicted of a crime
6-17 unless as a last resort and where an emergency room or a facility
6-18 deemed suitable by the local mental health authority is not
6-19 accessible within 75 miles. Confinement in a detention facility in
6-20 no case shall be longer than 12 hours. If the person is detained
6-21 in a detention facility the sheriff shall document the time of
6-22 detention, the arrival time of the local mental health authority,
6-23 the reason for confinement, and the length of confinement in a
6-24 detention facility.
6-25 (g) The warrant serves as an application for detention in
6-26 the facility. The warrant and a copy of the application for the
6-27 warrant shall be immediately transmitted to the facility.
7-1 (h) [(g)] If there is more than one court with probate
7-2 jurisdiction in a county, an administrative order regarding
7-3 presentation of an application must be jointly issued by all of the
7-4 judges of those courts.
7-5 SECTION 4. Section 574.027(c), Health and Safety Code, is
7-6 amended to read as follows:
7-7 (c) A person under a protective custody order may not be
7-8 detained in a nonmedical facility used to detain persons who are
7-9 charged with or convicted of a crime unless as a last resort and
7-10 where an emergency room or a facility deemed suitable by the local
7-11 mental health authority is not accessible within 75 miles.
7-12 Confinement in a detention facility in no case shall be longer than
7-13 12 hours [except because of and during an extreme emergency and in
7-14 no case for longer than 72 hours, excluding Saturdays, Sundays,
7-15 legal holidays, and the period prescribed by Section 574.025(b) for
7-16 an extreme emergency. The person must be isolated from any person
7-17 who is charged with or convicted of a crime]. If the person is
7-18 detained in a detention facility the sheriff shall document the
7-19 time of detention, the arrival time of the local mental health
7-20 authority, the reason for confinement, and the length of
7-21 confinement in a detention facility.
7-22 SECTION 5. This Act takes effect immediately if it receives a
7-23 vote of two-thirds of all the members elected to each house, as
7-24 provided by Section 39, Article III, Texas Constitution. If this
7-25 Act does not receive the vote necessary for immediate effect, this
7-26 Act takes effect September 1, 2001.