By Maxey H.B. No. 1800 77R315 JJT-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to initiating a pilot program for diverting from the 1-3 criminal justice system persons with mental 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 1-6 by 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 to: 1-11 (1) divert persons with mental illness from the 1-12 criminal justice system, when appropriate; 1-13 (2) provide access to appropriate mental health 1-14 services to persons who have entered the criminal justice system; 1-15 and 1-16 (3) increase the awareness of law enforcement officers 1-17 and officials to mental health issues that may bring persons with 1-18 mental illness into the criminal justice system. 1-19 (b) In designing the program, the commission shall employ to 1-20 the greatest extent practicable available electronic information 1-21 systems for the project, including: 1-22 (1) systems to enable the transmission of booking 1-23 information; 1-24 (2) computer and software systems to match client data 2-1 to booking information; 2-2 (3) electronic messaging and notification systems; and 2-3 (4) audio-video teleconferencing or other 2-4 teleconferencing or telecommunications systems. 2-5 (c) The department and participating local mental health 2-6 authorities, prosecutorial agencies, law enforcement agencies, jail 2-7 facilities, courts, county or municipal governments, and providers 2-8 of psychiatric services shall enter into an agreement regarding the 2-9 procedures to follow in implementing the project and the duties of 2-10 each participating entity. 2-11 Sec. 533.102. PRE-BOOKING DIVERSION. (a) The pilot project 2-12 shall incorporate a system for diverting a person with mental 2-13 illness from the criminal justice system before the person's 2-14 contact with a law enforcement officer results in: 2-15 (1) charges being brought against the person; or 2-16 (2) the person being detained in a jail. 2-17 (b) The pre-booking diversion system shall provide for a law 2-18 enforcement officer or booking center staff member to request a 2-19 mental health or crisis stabilization evaluation of a person by a 2-20 local mental health authority crisis counselor or the equivalent 2-21 through an audio-video teleconference. The board by rule shall 2-22 establish procedures for evaluations performed under the system. 2-23 Sec. 533.103. POST-BOOKING DIVERSION BY COURT. The pilot 2-24 project shall incorporate a system for diverting a person with 2-25 mental illness from the criminal justice system by a court at the 2-26 person's arraignment or a court hearing. A court participating in 2-27 the pilot project may order: 3-1 (1) the assessment of a person before the court by the 3-2 local mental health authority to assess appropriate community 3-3 mental health treatment options as alternatives to prosecution; and 3-4 (2) a person before the court to undertake appropriate 3-5 psychiatric treatment as a condition of the dismissal of criminal 3-6 charges, deferral of prosecution, bail, or probation. 3-7 Sec. 533.104. POST-BOOKING DIVERSION FOR PERSON IN JAIL. (a) 3-8 The pilot project shall incorporate a system to provide routine 3-9 mental health treatment to a person in jail by the local mental 3-10 health authority through an audio-video teleconferencing system. 3-11 (b) The project must include a jail diversion liaison 3-12 employed by the local mental health authority who shall: 3-13 (1) determine whether certain jailed individuals are 3-14 eligible for diversion treatment programs; and 3-15 (2) facilitate the interaction of jail staff and court 3-16 officials to further the diversion program. 3-17 (c) The local mental health authority must employ a jail 3-18 diversion team to select candidates for diversion into mental 3-19 health treatment based on: 3-20 (1) the nature of the offense for which the person is 3-21 jailed; 3-22 (2) the person's history of incarceration; 3-23 (3) the person's mental status; 3-24 (4) the availability of community mental health 3-25 resources appropriate for the person; 3-26 (5) public safety factors; 3-27 (6) the person's previous performance in and 4-1 compliance with treatment settings; and 4-2 (7) other appropriate factors. 4-3 Sec. 533.105. INFORMATION SYSTEM TO SUPPORT POST-BOOKING 4-4 DIVERSION. (a) To support the post-booking jail diversion program, 4-5 the pilot project must provide for implementation of an information 4-6 system designed to quickly identify a person with a serious mental 4-7 illness who has entered the local jail system. 4-8 (b) The pilot project must provide for electronic 4-9 transmission of information concerning all admissions to jails 4-10 participating in the project to an information system at the local 4-11 mental health authority. 4-12 (c) The local mental health authority shall ensure that the 4-13 authority's information system automatically: 4-14 (1) identifies whether persons admitted to jail are 4-15 current or former clients of the authority using the person's name, 4-16 date of birth, social security number, sex, or other identifying 4-17 information; and 4-18 (2) notifies a jail diversion team and case manager at 4-19 the authority when a client or former client of the authority is 4-20 identified as having been admitted to jail. 4-21 Sec. 533.106. REPORTS TO LEGISLATURE. The board shall 4-22 evaluate the pilot projects under this chapter and publish a report 4-23 on the performance of the projects in providing needed treatment 4-24 and in saving or increasing costs to the jail and mental health 4-25 systems. The department shall deliver the report to the governor, 4-26 lieutenant governor, and speaker of the house of representatives 4-27 not later than November 1 of each even-numbered year. 5-1 Sec. 533.107. EXPIRATION. This subchapter expires September 5-2 1, 2005. 5-3 SECTION 2. This Act takes effect immediately if it receives 5-4 a vote of two-thirds of all the members elected to each house, as 5-5 provided by Section 39, Article III, Texas Constitution. If this 5-6 Act does not receive the vote necessary for immediate effect, this 5-7 Act takes effect September 1, 2001.