Amend SB 839 as follows:
(1) Amend Section 614.001, Health and Safety Code by adding
a new (4) and renumber accordingly to read as follows:
(4) "Continuity of care and services" refers to the
process of:
(a) identifying the medical, psychiatric or
psychological care or treatment needs and educational or
rehabilitative service needs of an offender with medical or mental
impairments;
(b) developing a plan for meeting the treatment,
care and service needs of the offender with medical or mental
impairments;
(c) coordinating the provision of treatment,
care, and services between the various agencies who provide
treatment, care or services such that they may continue to be
provided to the offender at the time of arrest, while charges are
pending, during post-adjudication or post-conviction custody or
criminal justice supervision, and for pre-trial diversion.
(2) Amend Section 614.013(a) and (c), Health and Safety Code
to read as follows:
§ 614.013. CONTINUITY OF CARE FOR OFFENDERS WITH MENTAL
IMPAIRMENTS. (a) The Texas Department of Criminal Justice, the
Texas Department of [Mental] State Health Services [and Mental
Retardation], Bureau of Identification and Records at the Texas
Department of Public Safety, representatives of local mental health
or mental retardation authorities appointed by the commissioner of
the Texas Department of [Mental] State Health Services [and Mental
Retardation], and the directors of community supervision and
corrections departments shall adopt a memorandum of understanding
that establishes their respective responsibilities to institute a
continuity of care and service program for offenders with mental
impairments in the criminal justice system. The office shall
coordinate and monitor the development and implementation of the
memorandum of understanding.
(c) The Texas Department of Criminal Justice, the Texas
Department of [Mental] State Health Services [and Mental
Retardation], local mental health or mental retardation
authorities, and community supervision and corrections departments
shall:
(1) operate the continuity of care and service program
for offenders with mental impairments in the criminal justice
system with funds appropriated for that purpose; and
(2) actively seek federal grants or funds to operate
and expand the program.
(3) Amend Section 614.016(a), Health and Safety Code to
read as follows:
§ 614.016. CONTINUITY OF CARE FOR CERTAIN OFFENDERS BY LAW
ENFORCEMENT AND JAILS. (a) The office, the Commission on Law
Enforcement Officer Standards and Education, the Bureau of
Identification and Records at the Department of Public Safety, and
the Commission on Jail Standards by rule shall adopt a memorandum of
understanding that establishes their respective responsibilities
to institute a continuity of care and service program for offenders
in the criminal justice system who are mentally impaired, elderly,
physically disabled, terminally ill, or significantly ill.
(4) Amend Section 614.017, Health and Safety Code to read
as follows:
§ 614.017. EXCHANGE OF INFORMATION. (a) An agency shall:
(1) accept information relating to a special needs
offender that is sent to the agency to serve the purposes of [this
chapter] continuity of care regardless of whether other state law
makes that information confidential; and
(2) disclose information relating to a special needs
offender, including information about the offender's identity,
needs, treatment, social, criminal, and vocational history,
supervision status and compliance with conditions of supervision,
and medical and mental health history, if the disclosure serves the
purposes of [this chapter] continuity of care.
(b) Information obtained under this section may not be used
as evidence in any criminal proceeding, unless obtained and
introduced by other lawful evidentiary means. [Repealed by Acts
2003, 78th Leg., ch. 6, § 6.]
(c) In this section:
(1) "Agency" includes any of the following entities
and individuals, a person with an agency relationship with one of
the following entities or individuals, and a person who contracts
with one or more of the following entities or individuals:
(A) the Texas Department of Criminal Justice and
the Correctional Managed Health Care Committee;
(B) the Board of Pardons and Paroles;
(C) the Department of State Health Services;
(D) the Texas Juvenile Probation Commission;
(E) the Texas Youth Commission;
(F) the Department of Assistive and
Rehabilitative Services;
(G) the Texas Education Agency;
(H) the Commission on Jail Standards;
(I) the Department of Aging and Disability
Services;
(J) the Texas School for the Blind and Visually
Impaired;
(K) community supervision and corrections
departments;
(L) personal bond pretrial release offices
established under Article 17.42, Code of Criminal Procedure;
(M) local jails regulated by the Commission on
Jail Standards;
(N) a municipal or county health department;
(O) a hospital district;
(P) a judge of this state with jurisdiction over
criminal cases; and
(Q) an attorney who is appointed or retained to
represent a special needs offender;
(R) the Texas Health and Human Services
Commission;
(S) the Texas Department of Information
Resources; and
(T) the Bureau of Identification and Records at
the Department of Public Safety, for the sole purpose of providing
real-time, contemporaneous identification of individuals in the
Texas Department of State Health Services client data base.
(2) "Special needs offender" includes an individual
for whom criminal charges are pending or who after conviction or
adjudication is in custody or under any form of criminal justice
supervision.
(5) Amend Section 411.042(b), Government Code to add a new
section (7) to read as follows:
(7) collect and disseminate information regarding
offenders with mental impairments in compliance with Chapter 614,
Health and Safety Code.