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.