79R7677 UM-F

By:  Coleman                                                      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 counsel before volunteering to proceed through the mental 
health court program and while participating in the program;
			(B)  allow a person 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 does not extend beyond either the minimum jail 
sentence or probationary period allowed for the offense charged.
	SECTION 2.  This Act takes effect September 1, 2005.