By: Madla S.B. No. 1145
(In the Senate - Filed March 11, 2003; March 17, 2003, read
first time and referred to Committee on Criminal Justice;
April 10, 2003, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 5, Nays 0; April 10, 2003,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1145 By: Whitmire
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. Subsection (a), Section 533.014, 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 [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 mental health or mental retardation authority
developing a system, training, or a model program under Subsection
(a) shall collaborate with other local resources, including local
law enforcement and judicial systems and local 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 department.
SECTION 4. This Act takes effect September 1, 2003.
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