78R11077 SLO-D
By: Coleman, Naishtat H.B. No. 2609
Substitute the following for H.B. No. 2609:
By: McReynolds C.S.H.B. No. 2609
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of mental health court programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle E, Title 7, Health and Safety Code, is
amended by adding Chapter 616 to read as follows:
CHAPTER 616. MENTAL HEALTH COURT PROGRAMS
Sec. 616.001. MENTAL HEALTH COURT PROGRAM DEFINED. In this
chapter, "mental health court program" means a program that has the
following essential characteristics:
(1) the integration of mental illness treatment
services and mental retardation services in the processing of cases
in the judicial system;
(2) the use of a nonadversarial approach involving
prosecutors and defense attorneys to promote public safety and to
protect the due process rights of program participants;
(3) early identification and prompt placement of
eligible participants in the program;
(4) access to mental illness treatment services and
mental retardation services;
(5) ongoing judicial interaction with program
participants;
(6) diversion of potentially mentally ill or mentally
retarded defendants to needed services as an alternative to
subjecting those defendants to the criminal justice system;
(7) monitoring and evaluation of program goals and
effectiveness;
(8) continuing interdisciplinary education to promote
effective program planning, implementation, and operations; and
(9) development of partnerships with public agencies
and community organizations, including local mental retardation
authorities.
Sec. 616.002. AUTHORITY TO ESTABLISH PROGRAM. The
commissioners court of a county may establish a mental health court
program for persons who:
(1) have been arrested for or charged with a
misdemeanor; and
(2) are suspected by a law enforcement agency or a
court of having a mental illness or mental retardation.
Sec. 616.003. PROGRAM. A mental health court program
established under Section 616.002 may handle all issues arising
under Articles 16.22, 17.032, and 46.02, Code of Criminal
Procedure.
Sec. 616.004. OVERSIGHT. (a) The lieutenant governor and
the speaker of the house of representatives may assign to
appropriate legislative committees duties relating to the
oversight of mental health court programs established under Section
616.002.
(b) A legislative committee or the governor may 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. A mental health court program may 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. This Act takes effect September 1, 2003.