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A BILL TO BE ENTITLED
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AN ACT
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relating to continuity of care services or mental health commitment |
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proceedings for youth with mental illness or mental retardation who |
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are transferred, discharged, or paroled from the Texas Youth |
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Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 61.077, Human Resources Code, is amended |
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by adding Subsection (g) to read as follows: |
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(g) If a child who is mentally ill or mentally retarded is |
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discharged from the commission under Subsection (b), the child is |
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eligible to receive continuity of care services from the Texas |
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Correctional Office on Offenders with Medical or Mental Impairments |
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under Chapter 614, Health and Safety Code. |
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SECTION 2. Subchapter E, Chapter 61, Human Resources Code, |
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is amended by adding Section 61.0773 to read as follows: |
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Sec. 61.0773. TRANSFER OF CERTAIN CHILDREN SERVING |
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DETERMINATE SENTENCES FOR MENTAL HEALTH SERVICES. (a) The |
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commission may petition the juvenile court that entered the order |
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of commitment for a child for the initiation of mental health |
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commitment proceedings if the child is committed to the commission |
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under a determinate sentence under Section 54.04(d)(3), 54.04(m), |
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or 54.05(f), Family Code. |
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(b) A petition made by the commission shall be treated as a |
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motion under Section 55.11, Family Code, and the juvenile court |
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shall proceed in accordance with Subchapter B, Chapter 55, Family |
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Code. |
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(c) The commission shall cooperate with the juvenile court |
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in any proceeding under this section. |
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(d) The juvenile court shall credit to the term of the |
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child's commitment to the commission any time the child is |
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committed to an inpatient mental health facility. |
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(e) A child committed to an inpatient mental health facility |
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as a result of a petition filed under this section may not be |
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released from the facility on a pass or furlough. |
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(f) If the term of an order committing a child to an |
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inpatient mental health facility is scheduled to expire before the |
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end of the child's sentence and another order committing the child |
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to an inpatient mental health facility is not scheduled to be |
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entered, the inpatient mental health facility shall notify the |
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juvenile court that entered the order of commitment committing the |
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child to the commission. The juvenile court may transfer the child |
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to the custody of the commission, transfer the child to the Texas |
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Department of Criminal Justice, or release the child under |
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supervision, as appropriate. |
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SECTION 3. Section 614.019, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 614.019. PROGRAMS FOR JUVENILES. (a) The office, in |
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cooperation with the Texas Commission on Alcohol and Drug Abuse, |
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the Texas Department of Mental Health and Mental Retardation, the |
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Department of Protective and Regulatory Services, the Texas |
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Juvenile Probation Commission, the Texas Youth Commission, and the |
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Texas Education Agency, may establish and maintain programs, |
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building on existing successful efforts in communities, to address |
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prevention, intervention, and continuity of care for juveniles with |
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mental health and substance abuse disorders. |
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(b) A child with mental illness who is receiving continuity |
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of care services during parole from the Texas Youth Commission and |
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who is no longer eligible to receive services from a local mental |
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health authority when the child becomes 17 years of age because the |
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child does not meet the requirements of a local service area plan |
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under Section 533.0352(a) may continue to receive continuity of |
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care services from the office until the child completes the child's |
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parole. |
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(c) A child with mental illness or mental retardation who is |
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discharged from the Texas Youth Commission under Section 61.077, |
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Human Resources Code, may receive continuity of care services from |
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the office for a minimum of 90 days after discharge from the |
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commission and for as long as necessary for the child to demonstrate |
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sufficient stability to transition successfully to mental health or |
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mental retardation services provided by a local mental health or |
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mental retardation authority. |
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SECTION 4. Section 61.077(g), Human Resources Code, as |
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added by this Act, and Section 614.019, Health and Safety Code, as |
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amended by this Act, apply only to a child who is discharged or |
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paroled from the Texas Youth Commission on or after the effective |
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date of this Act, regardless of when the child was committed to the |
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commission. |
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SECTION 5. Section 61.0773, Human Resources Code, as added |
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by this Act, applies only to a juvenile committed to the Texas Youth |
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Commission for conduct that occurs on or after the effective date of |
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this Act. Conduct violating the penal law of this state occurs on |
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or after the effective date of this Act if any element of the |
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violation occurs on or after that date. A juvenile committed to the |
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Texas Youth Commission for conduct that occurs before the effective |
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date of this Act is governed by the law in effect at the time the |
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conduct occurred, and the former law is continued in effect for that |
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purpose. |
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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. |
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