SRC-TAG S.B. 1145 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1145
78R8560 JJT-DBy: Madla
Criminal Justice
4/7/2003
As Filed


DIGEST AND PURPOSE 

Currently, about 15 to 20 percent of Texas' jail and prison population
have a diagnosis  of  a serious mental illness and /or substance abuse.
In Bexar County, more than 500 individuals with a non-violent psychiatric
disorder are incarcerated solely because of the untreated symptoms of
their illness.  As proposed, S.B. 1145 requires the local departments of
Mental Health and Mental Retardation to divert persons with special needs
from the criminal justice system.   

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 Section 533.014(a), Health and Safety Code, to require
the Texas Board of Mental Health and Mental Retardation (board) to adopt
rules regarding mental health services to include individuals who are in
contact with the criminal justice system and individuals detained in local
jails and juvenile detention facilities.  

SECTION 2.  Amends Section 533.107, Health and Safety Code, to provide
that this section and Sections 533.101-533.106 expire, rather than this
subchapter expires, September 1, 2005. 

SECTION 3.  Amends Chapter 533E, Health and Safety Code, by adding Section
533.108, as follows: 

Sec.  533.108.  PRIORITIZATION OF FUNDING FOR DIVERSION OF PERSONS FROM
INCARCERATION IN CERTAIN COUNTIES.  (a)  Authorizes a local mental health
or mental retardation authority to develop and to prioritize its available
funding to meet certain requirements. 

(b)  Requires a local authority developing a system, training, or a model
program under Subsection (a) to collaborate with other local resources,
including law enforcement and judicial systems and personnel. 

(c)  Prohibits a local mental health or mental retardation authority from
implementing a system, training, or a model program developed under this
section until the system, training, or program is approved by the Texas
Commission on Alcohol and Drug Abuse.  

SECTION 4.  Effective date: September 1, 2003.