By: Moncrief S.B. No. 644
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to continuity of care for offenders with mental
1-3 impairments.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 614.013, Health and Safety Code, is
1-6 amended by amending Subsections (a) and (b) and adding Subsections
1-7 (d) and (e) to read as follows:
1-8 (a) The Texas Department of Criminal Justice, the Texas
1-9 Department of Mental Health and Mental Retardation, representatives
1-10 of local mental health or mental retardation authorities appointed
1-11 by the commissioner of the Texas Department of Mental Health and
1-12 Mental Retardation, and the directors of community supervision and
1-13 corrections departments [by rule] shall adopt a memorandum of
1-14 understanding that establishes their respective responsibilities to
1-15 institute a continuity of care and service program for offenders
1-16 with mental impairments in the criminal justice system. The
1-17 council shall coordinate and monitor the development and
1-18 implementation of the memorandum of understanding.
1-19 (b) The memorandum of understanding must establish methods
1-20 for:
1-21 (1) identifying offenders with mental impairments in
1-22 the criminal justice system and collecting and reporting prevalence
1-23 rate data to the council;
1-24 (2) developing interagency rules, policies, [and]
1-25 procedures, and standards for the coordination of care of and the
2-1 exchange of information on offenders with mental impairments by
2-2 local and state criminal justice agencies, the Texas Department of
2-3 Mental Health and Mental Retardation, [and] local mental health or
2-4 mental retardation authorities, the Commission on Jail
2-5 Standards,[;] and local jails;
2-6 (3) identifying the services needed by offenders with
2-7 mental impairments to reenter the community successfully; and
2-8 (4) establishing a process to report implementation
2-9 activities to the council.
2-10 (d) Local and state criminal justice agencies shall,
2-11 whenever possible, contract with local mental health or mental
2-12 retardation authorities to maximize Medicaid funding and improve on
2-13 the continuity of care and service program for offenders with
2-14 mental impairments in the criminal justice system.
2-15 (e) The council, in coordination with each state agency
2-16 identified in Subsection (b)(2), shall develop a standardized
2-17 process for collecting and reporting the memorandum of
2-18 understanding implementation outcomes by local and state criminal
2-19 justice agencies and local and state mental health or mental
2-20 retardation authorities. The findings of these reports shall be
2-21 submitted to the council by September 1 of each even-numbered year
2-22 and shall be included in recommendations to the legislature in the
2-23 council's biennium report.
2-24 SECTION 2. This Act takes effect September 1, 2001.