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.