LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 77th Regular Session
April 30, 2001
TO: Honorable Patricia Gray, Chair, House Committee on Public
Health
FROM: John Keel, Director, Legislative Budget Board
IN RE: HB1463 by Maxey (Relating to mental health services for
certain persons with mental illness.), Committee Report
1st House, Substituted
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* Estimated Two-year Net Impact to General Revenue Related Funds for *
* HB1463, Committee Report 1st House, Substituted: negative impact *
* of $(2,640,062) through the biennium ending August 31, 2003. *
* *
* The bill would make no appropriation but could provide the legal *
* basis for an appropriation of funds to implement the provisions of *
* the bill. *
**************************************************************************
General Revenue-Related Funds, Five-Year Impact:
****************************************************
* Fiscal Year Probable Net Positive/(Negative) *
* Impact to General Revenue Related *
* Funds *
* 2002 $(1,379,391) *
* 2003 (1,260,671) *
* 2004 (1,260,671) *
* 2005 (1,260,671) *
* 2006 (1,260,671) *
****************************************************
All Funds, Five-Year Impact:
*****************************************************
* Fiscal Year Probable Savings/(Cost) from *
* General Revenue Fund *
* 0001 *
* 2002 $(1,379,391) *
* 2003 (1,260,671) *
* 2004 (1,260,671) *
* 2005 (1,260,671) *
* 2006 (1,260,671) *
*****************************************************
Technology Impact
The bill would require the pilot sites and central facilities to set up
computers for instant data transmission. One time costs for computer
stations and leased lines for data transmission are included. In
addition, video assessment and conferencing would be necessary to and
from remote jail locations and central facilities. One-time capital
costs are assumed for equipment at all locations and ongoing costs for
secure audio/video lines are included also. Technology capital costs
for MHMR in the first year are estimated to be $193,600 and technology
operating costs are estimated to be $74,880 each year thereafter.
Fiscal Analysis
The bill would provide for a jail diversion pilot program in both an
urban and a rural location to divert persons with mental illness from the
criminal justice system when appropriate, with the use of information
systems for rapid notification of arrest, transmittal of information and
assessment of persons to determine mental illness and whether diversion
is appropriate. The department and local mental health authorities
(LMHA), prosecutorial agencies, law enforcement agencies, jail
facilities, courts, county or municipal governments, and providers of
psychiatric services would enter into an agreement regarding procedures
of diversion. A participating county would be responsible for
establishing a diversion team prescribed by the department. The LMHA
must employ a jail diversion team to select candidates for diversion into
mental health treatment based upon certain factors, one of which is
availability of appropriate treatment.
Section 2 of the bill would amend Sections 573.001 (d) and (e), Health
and Safety Code, which currently limits the use of jails or similar
facilities for detainment of a person suspected of having mental illness
or a person under a protective court order to circumstances of extreme
emergency, by providing that such facilities can only be used as a last
resort and where an emergency room or facility deemed suitable by the
LMHA is not accessible within 75 miles. In no situation would a jail or
similar facility be used for confinement for more than 12 hours.
Detention in a jail or similar facility would require documentation of
time of detention, arrival time of the LMHA, the reason for confinement
and the length of confinement. LMHAs would work to develop alternative
short term placements for persons taken into custody.
Methodology
The Department of Mental Health and Mental Retardation assumes costs to
implement the provisions of the bill would include the aforementioned
technology costs plus $1,185,791 for the provision of treatment to
persons with mental illness who are diverted from jail via this program.
It is assumed for the purposes of estimating cost that the urban pilot
site would be Harris County and the rural site would be developed
through the Texana Mental Health Authority. It is assumed the urban
site would serve 320 clients per year and the rural site would serve 110
clients per year. Urban clients would continue treatment for 14 weeks
and rural clients for 28 weeks, based on the experience of the centers.
Treatment is estimated at $629 per month or $157.25 per week. These
costs are assumed to be added to existing capacity at the centers to
ensure provision of services.
Local Government Impact
The bill would impact the urban and rural community center selected as a
pilot for this jail diversion program. Costs to the centers are
included above. It is assumed, however, that costs related to staff
training for jail diversion will be absorbed by the community center
pilot sites.
Source Agencies: 405 Texas Department of Public Safety, 696 Texas
Department of Criminal Justice, 655 TX Dept. of
Mental Health & Mental Retardation
LBB Staff: JK, HD, KF, MB