78R3155 JJT-D

By:  Uresti                                                       H.B. No. 1967



A BILL TO BE ENTITLED

AN ACT

relating to diverting persons with mental health disorders, mental 
retardation, or substance abuse problems from incarceration in 
certain counties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 533.014(a), Health and Safety Code, is 
amended to read as follows:
	(a)  The board shall adopt rules that:                                         
		(1)  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 the criminal justice system and individuals detained 
in local jails and juvenile detention facilities;
		(2)  govern commitments to a local mental health 
authority;                 
		(3)  govern transfers of patients that involve a local 
mental health authority;  and
		(4)  provide for emergency admission to a department 
mental health facility if obtaining approval from the authority 
could result in a delay that might endanger the patient or others.
	SECTION 2.  Section 533.107, Health and Safety Code, is 
amended to read as follows:
	Sec. 533.107.  EXPIRATION.  This section and Sections 
533.101-533.106 expire [This subchapter expires] September 1, 
2005.
	SECTION 3.  Subchapter E, Chapter 533, Health and Safety 
Code, is amended by adding Section 533.108 to read as follows:
	Sec. 533.108.  PRIORITIZATION OF FUNDING FOR DIVERSION OF 
PERSONS FROM INCARCERATION IN CERTAIN COUNTIES.  (a) In this 
section "persons with special needs" means individuals with:
		(1)  mental health disorders;                                          
		(2)  mental retardation;                                               
		(3)  substance abuse problems; or                                      
		(4)  a combination of the conditions listed in 
Subdivisions (1)-(3). 
	(b)  The department shall prioritize providing funding for 
local mental health authorities that serve counties with 
populations greater than 500,000 to encourage the development of:
		(1)  a system to divert persons with special needs from 
incarceration to services appropriate to their needs, including:
			(A)  screening and assessment services;                               
			(B)  treatment services, including:                                   
				(i)  assertive community treatment 
services;                       
				(ii)  inpatient crisis respite services;                             
				(iii)  medication management services;                               
				(iv)  short-term residential services;                               
				(v)  shelter care services;                                          
				(vi)  crisis respite residential services;                           
				(vii)  outpatient integrated mental health 
services;               
				(viii)  co-occurring substance abuse 
treatment services;           
				(ix)  psychiatric rehabilitation and 
service coordination services;
				(x)  continuity of care services; and                                
				(xi)  services consistent with the Texas 
Council on Offenders with Mental Impairments model; and
			(C)  specialized training of local law 
enforcement and court personnel to identify and manage offenders or 
suspects who may be persons with special needs; and
		(2)  other model programs for offenders and suspects 
who may be persons with special needs, including crisis 
intervention training for law enforcement personnel.
	SECTION 4.  This Act takes effect September 1, 2003.