78R6832 SLO-D

By:  Coleman                                                      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.  FUNDING.  (a)  The Texas Department of 
Criminal Justice by rule shall adopt a procedure to fund mental 
health court programs.  The procedure must be designed so that the 
department:
		(1)  quantifies the total amount of money that would 
have been spent from state appropriations on each participant if 
the participant remained in the criminal justice system; and
		(2)  transfers the amounts quantified under 
Subdivision (1) to the mental health court program in which the 
participant is participating.
	(b)  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.  As soon as practicable after the effective date 
of this Act, the Texas Department of Criminal Justice shall adopt a 
procedure to fund mental health court programs as required by 
Section 616.005, Health and Safety Code, as added by this Act.
	SECTION 3.  This Act takes effect September 1, 2003.