78R181 ATP-D
By: Lewis H.B. No. 2929
A BILL TO BE ENTITLED
AN ACT
relating to the assessment of the mental health of certain newly
confined or imprisoned persons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 501, Government Code, is
amended by adding Section 501.064 to read as follows:
Sec. 501.064. ASSESSMENT OF INMATE'S MENTAL HEALTH. A
social worker licensed under Chapter 505, Occupations Code, or
another licensed professional with comparable expertise and
training in performing mental health evaluations shall assess the
mental health of an inmate as soon as practicable after the inmate's
arrival at the institutional division. The person who assesses an
inmate's mental health under this section is entitled to access to
and shall consider the inmate's presentence or postsentence
investigation report and any other information the department
possesses indicating the inmate's mental, emotional, family,
educational, and community history.
SECTION 2. Subchapter B, Chapter 507, Government Code, is
amended by adding Section 507.033 to read as follows:
Sec. 507.033. ASSESSMENT OF DEFENDANT'S MENTAL HEALTH. A
social worker licensed under Chapter 505, Occupations Code, or
another licensed professional with comparable expertise and
training in performing mental health evaluations shall assess the
mental health of a defendant as soon as practicable after the
defendant's arrival at the state jail felony facility. The person
who assesses a defendant's mental health under this section is
entitled to access to and shall consider the defendant's
presentence or postsentence investigation report and any other
information the department possesses indicating the defendant's
mental, emotional, family, educational, and community history.
SECTION 3. Subchapter A, Chapter 351, Local Government
Code, is amended by adding Section 351.0135 to read as follows:
Sec. 351.0135. ASSESSMENT OF PRISONER'S MENTAL HEALTH. A
social worker licensed under Chapter 505, Occupations Code, or
another licensed professional with comparable expertise and
training in performing mental health evaluations shall assess the
mental health of a prisoner, as soon as practicable after the
prisoner's arrival at the county jail, to assist the sheriff in
determining whether any action is required under Article 16.22,
Code of Criminal Procedure.
SECTION 4. The change in law made by the addition of
Sections 501.064 and 507.033, Government Code, and Section
351.0135, Local Government Code, by this Act applies only to a
person who begins confinement or imprisonment on or after the
effective date of this Act.
SECTION 5. This Act takes effect September 1, 2003.