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A BILL TO BE ENTITLED
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AN ACT
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relating to the court-ordered administration of psychoactive |
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medication to certain criminal defendants and to the release of |
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those defendants from certain facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 16.22, Code of Criminal Procedure, is |
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amended by amending Subsection (d) and adding Subsection (e) to |
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read as follows: |
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(d) This article does not prevent [Nothing in this article
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prevents] the court from, pending an evaluation of the defendant as |
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described by this article: |
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(1) subject to Subsection (e), releasing a mentally |
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ill or mentally retarded defendant from custody on personal or |
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surety bond; or |
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(2) ordering an examination regarding the defendant's |
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competency to stand trial. |
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(e) If a sheriff releases a defendant who is a person with |
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mental illness or mental retardation from custody, except on final |
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disposition of the criminal proceedings, the sheriff must, before |
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releasing the person: |
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(1) notify the local mental health or mental |
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retardation authority, as applicable, of the impending release; and |
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(2) if possible, arrange for the release of the person |
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during normal business hours. |
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SECTION 2. Article 46B.072(d), Code of Criminal Procedure, |
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is amended to read as follows: |
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(d) An order issued under this article may require the |
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defendant to participate in: |
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(1) as appropriate, an outpatient treatment program |
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administered by a community center or an outpatient treatment |
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program administered by any other entity that provides outpatient |
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competency restoration services; and |
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(2) an appropriate prescribed regimen of medical, |
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psychiatric, or psychological care or treatment, including: |
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(A) care or treatment involving the |
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administration of psychoactive medication, including those |
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required under Article 46B.086; and |
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(B) if applicable, care or treatment |
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administered in a correctional facility pending release to an |
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outpatient treatment program described by Subdivision (1). |
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SECTION 3. Subchapter D, Chapter 46B, Code of Criminal |
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Procedure, is amended by adding Article 46B.087 to read as follows: |
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Art. 46B.087. ORDER OF RELEASE: CONTINUATION OF TREATMENT. |
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If a defendant is released under Article 46B.0095 or 46B.010, the |
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court ordering the defendant's release shall consider whether the |
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defendant could benefit from continued treatment. If the court |
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finds that the defendant could benefit from continued treatment, |
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the court shall include in the order of release a requirement that |
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the sheriff, before releasing the defendant: |
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(1) arrange for the release of the defendant during |
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normal business hours, if possible; and |
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(2) notify the local mental health or mental |
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retardation authority, as applicable, of the impending release. |
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SECTION 4. Section 574.104, Health and Safety Code, is |
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amended by adding Subsections (a-1) and (a-2) to read as follows: |
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(a-1) A physician who is treating a patient ordered to |
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receive inpatient mental health services after having been |
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determined to be incompetent to stand trial may: |
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(1) proceed under Subsection (a); or |
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(2) file, in the court in which the criminal matter is |
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pending, an application for an order to authorize the |
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administration of a psychoactive medication regardless of the |
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patient's refusal if: |
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(A) the physician believes that the patient lacks |
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the capacity to make a decision regarding the administration of the |
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psychoactive medication; |
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(B) the physician determines that the medication |
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is the proper course of treatment for the patient; and |
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(C) the patient, verbally or by other indication, |
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refuses to take the medication. |
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(a-2) An application filed as described by Subsection |
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(a-1)(2) is subject to the requirements and procedures provided by |
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Article 46B.086, Code of Criminal Procedure. Subsections (b)(3), |
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(c), (d), and (e) do not apply to the application. |
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SECTION 5. Section 574.106(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) Except as provided by Subsection (d), a [A] hearing |
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under this subchapter shall be conducted on the record by the |
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probate judge, a [or] judge with probate jurisdiction, or, if |
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applicable, the judge of a criminal court who ordered the patient to |
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receive inpatient mental health services in accordance with Chapter |
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46B, Code of Criminal Procedure [except as provided by Subsection
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(d)]. |
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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, 2009. |