|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the detention and transportation of a person with a |
|
mental illness. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subsections (e) and (f), Sections 573.001, |
|
Health and Safety Code, are amended to read as follows: |
|
(e) A jail or nonmedical [similar detention] facility used |
|
to detain persons charged with or convicted of a crime may not be |
|
deemed a suitable facility for detention of a person taken into |
|
custody under this section unless another facility described by |
|
Subsection (d) is not available and the nearest hospital emergency |
|
room or other facility determined by the local mental health |
|
authority to be suitable is located more than 75 miles from the |
|
location where the peace officer has custody of the person. A |
|
person may be detained in a jail or nonmedical facility under this |
|
subsection for not longer than 12 hours. The sheriff or other |
|
officeholder responsible for the facility shall document: |
|
(1) the time the person's detention begins; |
|
(2) the duration of the detention; |
|
(3) the reason for the detention; and |
|
(4) the time a representative of the local mental |
|
health authority arrives at the facility [except in an extreme
|
|
emergency]. |
|
(f) The sheriff or officeholder responsible for [A person
|
|
detained in] a jail or a nonmedical facility described by |
|
Subsection (e) shall ensure that a person detained in the jail or |
|
facility under Subsection (e) is [be] kept separate from any person |
|
who is charged with or convicted of a crime. |
|
SECTION 2. Section 573.012, Health and Safety Code, is |
|
amended by adding Subsections (h) and (i) to read as follows: |
|
(h) A jail or nonmedical facility used to detain persons |
|
charged with or convicted of a crime may not be deemed a suitable |
|
facility for detention of a person apprehended under this section |
|
unless another facility described by Subsection (e) is not |
|
available and the nearest hospital emergency room or other facility |
|
determined by the local mental health authority to be suitable is |
|
located more than 75 miles from the location where the peace officer |
|
has apprehended the person. A person may be detained in a jail or |
|
nonmedical facility under this subsection for not longer than 12 |
|
hours. The sheriff or other officeholder responsible for the |
|
facility shall document: |
|
(1) the time the person's detention begins; |
|
(2) the duration of the detention; |
|
(3) the reason for the detention; and |
|
(4) the time a representative of the local mental |
|
health authority arrives at the facility. |
|
(i) The sheriff or officeholder responsible for a jail or a |
|
nonmedical facility described by Subsection (h) shall ensure that a |
|
person detained in the jail or facility under Subsection (h) is kept |
|
separate from any person who is charged with or convicted of a |
|
crime. |
|
SECTION 3. Section 574.023, Health and Safety Code, is |
|
amended by adding Subsection (e) to read as follows: |
|
(e) A person taken into custody under this section may be |
|
detained only in the manner provided by Section 574.027. |
|
SECTION 4. Section 574.027, Health and Safety Code, is |
|
amended by amending Subsections (c) and (d) and adding Subsection |
|
(c-1) to read as follows: |
|
(c) A person under a protective custody order may not be |
|
detained in a jail or nonmedical facility used to detain persons who |
|
are charged with or convicted of a crime unless another facility |
|
described by Subsection (a) is not available and the nearest |
|
hospital emergency room or other facility determined by the local |
|
mental health authority to be suitable is located more than 75 miles |
|
from the location where the peace officer has custody of the person. |
|
A person may be detained in a jail or nonmedical facility under this |
|
subsection for not longer than 12 hours. The sheriff or other |
|
officeholder responsible for the facility shall document: |
|
(1) the time the person's detention begins; |
|
(2) the duration of the detention; |
|
(3) the reason for the detention; and |
|
(4) the time a representative of the local mental |
|
health authority arrives at the facility [except because of and
|
|
during an extreme emergency and in no case for longer than 72 hours,
|
|
excluding Saturdays, Sundays, legal holidays, and the period
|
|
prescribed by Section 574.025(b) for an extreme emergency. The
|
|
person must be isolated from any person who is charged with or
|
|
convicted of a crime]. |
|
(c-1) The sheriff or officeholder responsible for a jail or |
|
a nonmedical facility described by Subsection (c) shall ensure that |
|
a person detained in the jail or facility under Subsection (c) is |
|
kept separate from any person who is charged with or convicted of a |
|
crime. |
|
(d) The county health authority shall ensure that proper |
|
care and medical attention are made available to a person who is |
|
detained in a jail or nonmedical facility under Subsection (c). |
|
SECTION 5. Section 574.045, Health and Safety Code, is |
|
amended by adding Subsection (l) to read as follows: |
|
(l) A patient restrained under Subsection (g) may be |
|
restrained only during the apprehension, detention, or |
|
transportation of the patient. The method of restraint must permit |
|
the patient to sit in an upright position without undue difficulty. |
|
SECTION 6. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2007. |