78R8560 JJT-D

By:  Madla                                                        S.B. No. 1145



A BILL TO BE ENTITLED

AN ACT

relating to programs in certain counties to divert certain persons 
with mental health disorders or mental retardation from 
incarceration to appropriate services.
	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)  A local mental 
health or mental retardation authority may develop and may 
prioritize its available funding for:
		(1)  a system to divert members of the priority 
population, including those members with co-occurring substance 
abuse disorders, before their incarceration or other contact with 
the criminal justice system, to services appropriate to their 
needs, including:
			(A)  screening and assessment services; and                           
			(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;
		(2)  specialized training of local law enforcement and 
court personnel to identify and manage offenders or suspects who 
may be members of the priority population; and
		(3)  other model programs for offenders and suspects 
who may be members of the priority population, including crisis 
intervention training for law enforcement personnel.
	(b)  A local authority developing a system, training, or a 
model program under Subsection (a) shall collaborate with other 
local resources, including law enforcement and judicial systems and 
personnel.
	(c)  A local mental health or mental retardation authority 
may not implement a system, training, or a model program developed 
under this section until the system, training, or program is 
approved by the commission.
	SECTION 4.  This Act takes effect September 1, 2003.