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