SRC-VRA H.B. 2609 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 2609
78R11077 SLO-DBy: Coleman (Nelson)
Health & Human Services
5/19/2003
Engrossed


DIGEST AND PURPOSE

In Texas, the Criminal Justice Policy Council reported that 17 percent of
adults and juveniles on probation  with the criminal justice system have
had prior contact with the public mental health system. As Texas' public
mental health system has deteriorated, a greater burden of dealing with
people with serious mental illness has fallen on the criminal justice
system. The criminal justice system is not designed to handle the needs of
the mentally ill, nor does it adequately distinguish between criminal
activity and mental illness. Texas' priority population definition for
access to the public mental health system is  a "danger to self or
others," which combined with a lack of resources has created substantial
barriers in access to treatment for mental illness.  
 
As a result of these barriers, people with serious mental illness who are
left with no where to turn frequently come into contact with police who
are ill-equipped to deal with the critical situations that arise with
mentally ill people.  People with mental illness and/or mental
retardation, who are typically non-violent offenders, are incarcerated in
the state jail facilities at an average daily cost of $37.35 per person.
H.B. 2609 seeks to integrate treatment services for mental illness in the
processing of cases in the judicial system, and thereby divert people with
mental illness away from the criminal justice system and into treatment. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subtitle E, Title 7, Health and Safety Code, by adding
Chapter 616, as follows: 

CHAPTER 616.  MENTAL HEALTH COURT PROGRAMS

Sec. 616.001.  MENTAL HEALTH COURT PROGRAM DEFINED.  Defines "mental
health court program."  
 
Sec. 616.002.  AUTHORITY TO ESTABLISH PROGRAM.  Authorizes the
commissioners court of a county to establish a mental health court program
for persons who meet certain criteria. 
  
Sec. 616.003.  PROGRAM.  Authorizes a mental health court program
established under Section 616.002 to handle all issues arising under
Articles 16.22, 17.032, and 46.02, Code of Criminal Procedure. 
 
Sec. 616.004.  OVERSIGHT.  (a)  Authorizes the lieutenant governor and the
speaker of the house of representatives to assign to appropriate
legislative committees duties relating to the oversight of mental health
court programs established under Section 616.002. 
 
(b)  Authorizes a legislative committee or the governor to request the
state auditor to perform a management, operations, or financial or
accounting audit of a mental health court program established under
Section 616.002. 
  
Sec. 616.005.  PARTICIPANT PAYMENT FOR TREATMENT AND SERVICES. Authorizes
a mental health court program to require a participant to pay the cost of
all treatment and services received while participating in the program,
based on the participant's ability to pay. 
 
SECTION 2.  Effective date:  September 1, 2003.