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.