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.