1-1 By: Moncrief S.B. No. 644
1-2 (In the Senate - Filed February 9, 2001; February 13, 2001,
1-3 read first time and referred to Committee on Health and Human
1-4 Services; March 19, 2001, reported favorably by the following vote:
1-5 Yeas 8, Nays 0; March 19, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to continuity of care for offenders with mental
1-9 impairments.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 614.013, Health and Safety Code, is
1-12 amended by amending Subsections (a) and (b) and adding Subsections
1-13 (d) and (e) to read as follows:
1-14 (a) The Texas Department of Criminal Justice, the Texas
1-15 Department of Mental Health and Mental Retardation, representatives
1-16 of local mental health or mental retardation authorities appointed
1-17 by the commissioner of the Texas Department of Mental Health and
1-18 Mental Retardation, and the directors of community supervision and
1-19 corrections departments [by rule] shall adopt a memorandum of
1-20 understanding that establishes their respective responsibilities to
1-21 institute a continuity of care and service program for offenders
1-22 with mental impairments in the criminal justice system. The
1-23 council shall coordinate and monitor the development and
1-24 implementation of the memorandum of understanding.
1-25 (b) The memorandum of understanding must establish methods
1-26 for:
1-27 (1) identifying offenders with mental impairments in
1-28 the criminal justice system and collecting and reporting prevalence
1-29 rate data to the council;
1-30 (2) developing interagency rules, policies, [and]
1-31 procedures, and standards for the coordination of care of and the
1-32 exchange of information on offenders with mental impairments by
1-33 local and state criminal justice agencies, the Texas Department of
1-34 Mental Health and Mental Retardation, [and] local mental health or
1-35 mental retardation authorities, the Commission on Jail
1-36 Standards,[;] and local jails;
1-37 (3) identifying the services needed by offenders with
1-38 mental impairments to reenter the community successfully; and
1-39 (4) establishing a process to report implementation
1-40 activities to the council.
1-41 (d) Local and state criminal justice agencies shall,
1-42 whenever possible, contract with local mental health or mental
1-43 retardation authorities to maximize Medicaid funding and improve on
1-44 the continuity of care and service program for offenders with
1-45 mental impairments in the criminal justice system.
1-46 (e) The council, in coordination with each state agency
1-47 identified in Subsection (b)(2), shall develop a standardized
1-48 process for collecting and reporting the memorandum of
1-49 understanding implementation outcomes by local and state criminal
1-50 justice agencies and local and state mental health or mental
1-51 retardation authorities. The findings of these reports shall be
1-52 submitted to the council by September 1 of each even-numbered year
1-53 and shall be included in recommendations to the legislature in the
1-54 council's biennium report.
1-55 SECTION 2. This Act takes effect September 1, 2001.
1-56 * * * * *