BILL ANALYSIS
Senate Research Center S.B. 1505
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Currently, magistrates are required to give personal bonds to certain defendants who are in need of treatment for mental illness or mental retardation. Judges, however, do not have express authority to require the same mental health treatment of defendants who do not qualify for mandatory treatment.
As proposed, S.B. 1505 authorizes offenders suffering from mental illness or mental retardation to be released on personal bond if they are examined by the appropriate officials, able to stand trial, and are able to meet certain conditions. This bill requires a mentally ill or mentally retarded defendant to submit to mental health or mental retardation treatment as a condition of release on bond.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Article 14.03(a), Code of Criminal Procedure, as follows:
(a) Authorizes any peace officer to arrest, without warrant, certain persons, including a person who the peace officer has probable cause to believe has violated a condition of release on bail or other form of bond under Article 17.032 (Release on Personal Bond of Certain Mentally Ill Defendants) or 17.455. Makes a nonsubstantive change.
SECTION 2. Amends Article 17.032, Code of Criminal Procedure, by adding Subsection (b-1), as follows:
(b-1) Authorizes a magistrate, unless good cause is shown otherwise, if the requirements specified by Subsections (b)(2) (relating to a magistrate being required to release a defendant on personal bond if the defendant is examined by the local mental health or mental retardation authority or another mental health expert under Article 16.22 of this Code), (b)(3) (relating to a magistrate being required to release a defendant on personal bond if the examining expert, in a report submitted to the magistrate, makes certain conclusions or recommendations), and (b)(4) (relating to a magistrate being required to release a defendant on personal bond if the magistrate determines that appropriate community-based mental health or mental retardation services for the defendant are available through certain providers) are satisfied, to release on personal bond a defendant who is charged with or has been previously convicted of a violent offense.
SECTION 3. Amends Chapter 17, Code of Criminal Procedure, by adding Article 17.455, as follows:
Art. 17.455. CONDITIONS REQUIRING SUBMISSION TO MENTAL HEALTH OR MENTAL RETARDATION TREATMENT. (a) Authorizes a magistrate to require as a condition of a defendant's release on bond, other than a release on personal bond, that the defendant submit to outpatient or inpatient mental health or mental retardation treatment, as recommended by the applicable local mental health or mental retardation authority if:
(1) the requirements of Articles 17.032(b)(2), (b)(3), and (b)(4) are satisfied with respect to the defendant in the same manner as if the defendant were being released on personal bond; and
(2) the defendant's mental illness or mental retardation is chronic, or will continue to interfere with the defendant's ability to function independently if the defendant does not receive treatment.
(b) Authorizes an order for treatment under this article to require the defendant to receive services and to reside at a local mental health facility or residential care facility, as applicable, during the period of the defendant's release.
SECTION 4. Makes application of this Act prospective.
SECTION 5. Effective date: September 1, 2009.