79R11781 UM-F


By:  Coleman                                                      H.B. No. 2518

Substitute the following for H.B. No. 2518:                                   

By:  Hartnett                                                 C.S.H.B. No. 2518



A BILL TO BE ENTITLED

AN ACT

relating to the requirements of a mental health court program.                
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 616.003, Health and Safety Code, is 
amended to read as follows:
	Sec. 616.003.  PROGRAM.  A mental health court program 
established under Section 616.002:
		(1)  may handle all issues arising under Articles 16.22 
and [,] 17.032, Code of Criminal Procedure, and Chapter 46B 
[46.02], Code of Criminal Procedure; and
		(2)  must:                                                             
			(A)  ensure a person eligible for the program is 
provided legal counsel before volunteering to proceed through the 
mental health court program and while participating in the program;
			(B)  allow a person, if eligible for the program, 
to choose whether to proceed through the mental health court 
program or proceed through the regular criminal justice system;
			(C)  allow a participant to withdraw from the 
mental health court program at any time before a trial on the merits 
has been initiated;
			(D)  provide a participant with a court-ordered 
individualized treatment plan indicating the services that will be 
provided to the participant; and
			(E)  ensure that the jurisdiction of the mental 
health court extends at least six months but does not extend beyond 
the probationary period for the offense charged if the probationary 
period is longer than six months.
	SECTION 2.  This Act takes effect September 1, 2005.