C.S.H.B. 1967 78(R)    BILL ANALYSIS


C.S.H.B. 1967
By: Uresti
Public Health
Committee Report (Substituted)
 

BACKGROUND AND PURPOSE 
About 15-20 percent of people in Texas jails and prisons have a diagnosis
of serious mental illness and/or substance abuse.  For example, in Bexar
County alone, more than 500 individuals with a non-violent psychiatric
disorder are incarcerated solely because of the untreated symptoms of
their illness.  "Criminalizing" persons with mental illness is
inappropriate.  However, to keep these people out of jail, there must be
programs available to send them for treatment.   

This bill would  require the Board of the Texas Department of Mental
Health and Mental Retardation to adopt rules that provide for the
prioritization of funding for diversion of persons with mental health or
mental retardation from incarceration to appropriate health care treatment
and services. 

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly
granted to the Board of Health in SECTION  1(Section 533.014(a), Health
and Safety Code) of this bill. 

ANALYSIS
This bill amends the Health and Safety Code by requiring the Texas Board
of Mental Health and Mental Retardation to adopt rules that relate to the
responsibility of the local mental health authorities to make
recommendations relating to the most appropriate and available treatment
alternatives for individuals in need of mental health services including
individuals who are in contact with criminal justice system and
individuals detained in local jails and juvenile detention facilities. 

In addition the bill requires local mental health or mental retardation
authorities to prioritize funding to encourage the development of a system
to divert persons with mental health or mental retardation from
incarceration to services appropriate to their needs.  The bill sets forth
requirements for what the system to divert persons with special needs from
incarceration to services appropriate to their needs must include. The
bill contains provisions for specialized training and crisis intervention
training for law enforcement personnel. The bill requires local mental
health or mental retardation authorities to collaborate with other local
resources, including law enforcement and judicial systems in developing a
system, training, or a model program and requires prior approval from the
Texas Department of Mental Health and Mental Retardation before
implementing any such system, training, or model program.   

EFFECTIVE DATE
September 1, 2003. 

COMPARISON OF ORIGINAL TO SUBSTITUTE
CSHB 1967 varies from the original bill by eliminating language related to
the definition of persons with special needs and eliminating language
limiting the affected counties to those counties with populations greater
than 500,000. 

CSHB 1967 provides that a  local authority, in developing a system,
training, or model program must: collaborate with other local resources,
including local law enforcement, judicial systems, and local personnel;
and obtain prior approval from the Texas Department of Mental Health and
Mental Retardation before implementation.