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A BILL TO BE ENTITLED
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AN ACT
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relating to procedures regarding certain criminal defendants who |
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are or may be persons with mental illness or mental retardation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (a), Article 46C.261, Code of |
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Criminal Procedure, is amended to read as follows: |
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(a) A criminal court that orders an acquitted person |
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committed to inpatient treatment or orders outpatient or |
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community-based treatment and supervision annually shall determine |
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whether to renew the order and has continuing jurisdiction over all |
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renewals for the purposes of this chapter. |
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SECTION 2. Section 551.042, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 551.042. OUTPATIENT CLINICS AND TRANSITIONAL |
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FACILITIES. (a) If funds are available, the department may |
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establish in locations the department considers necessary |
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outpatient clinics and transitional facilities to treat persons |
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with mental illness. |
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(b) As necessary to establish and operate the clinics and |
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transitional facilities, the department may: |
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(1) acquire facilities; |
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(2) hire personnel; |
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(3) adopt rules; and |
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(4) contract with persons, corporations, and local, |
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state, and federal agencies. |
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SECTION 3. Subsections (c) and (d), Section 572.004, Health |
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and Safety Code, are amended to read as follows: |
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(c) The notified physician shall evaluate the patient to |
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determine whether there is reasonable cause to believe that the |
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patient might meet the criteria for court-ordered mental health |
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services or emergency detention. The notified physician shall |
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discharge the patient on completion of the evaluation [before the
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end of the four-hour period] unless the physician finds [has] |
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reasonable cause to believe that the patient might meet the |
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criteria for court-ordered mental health services or emergency |
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detention. |
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(d) A physician who finds [has] reasonable cause to believe |
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that a patient might meet the criteria for court-ordered mental |
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health services or emergency detention shall examine the patient as |
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soon as possible within 24 hours after the time the request for |
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discharge is filed. The physician shall discharge the patient on |
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completion of the examination unless the physician determines that |
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the person meets the criteria for court-ordered mental health |
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services or emergency detention. If the physician makes a |
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determination that the patient meets the criteria for court-ordered |
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mental health services or emergency detention, the physician shall, |
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not later than 4 p.m. on the next succeeding business day after the |
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date on which the examination occurs, either discharge the patient |
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or file an application for court-ordered mental health services or |
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emergency detention and obtain a written order for further |
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detention. The physician shall notify the patient if the physician |
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intends to detain the patient under this subsection or intends to |
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file an application for court-ordered mental health services or |
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emergency detention. A decision to detain a patient under this |
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subsection and the reasons for the decision shall be made a part of |
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the patient's clinical record. |
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SECTION 4. Section 574.086, Health and Safety Code, is |
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amended by adding Subsections (d) and (e) to read as follows: |
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(d) Notwithstanding Subsection (a), a discharge under this |
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section is subject to judicial review and disapproval under Section |
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574.090 if: |
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(1) one of the criteria that formed the basis for the |
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decision to commit the patient was a finding that the patient was |
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likely to cause serious harm to others; |
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(2) regardless of the criteria that formed the basis |
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for the decision to commit, a treating physician now believes that |
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the patient poses a substantial risk of causing harm to others; or |
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(3) the patient has a violent criminal history. |
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(e) For purposes of this section, a patient has a violent |
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criminal history if the patient: |
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(1) has a prior conviction or has received community |
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supervision for an offense listed in Article 17.032(a), Code of |
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Criminal Procedure; |
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(2) is currently charged with an offense listed in |
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Article 17.032(a), Code of Criminal Procedure; |
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(3) has been charged with an offense listed in Article |
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17.032(a), Code of Criminal Procedure, in the five years preceding |
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the date of the patient's current commitment; or |
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(4) has ever been found not guilty by reason of |
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insanity of an offense listed in Article 17.032(a), Code of |
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Criminal Procedure. |
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SECTION 5. Subchapter F, Chapter 574, Health and Safety |
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Code, is amended by adding Section 574.090 to read as follows: |
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Sec. 574.090. JUDICIAL REVIEW OF DISCHARGE. (a) A |
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facility administrator who determines that a patient described by |
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Section 574.086(d) does not meet the criteria for court-ordered |
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inpatient mental health services shall prepare a discharge |
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certificate as required by Section 574.087 and file it with the |
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court that entered the order committing the patient to |
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court-ordered inpatient mental health services. |
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(b) On the filing of a discharge certificate under |
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Subsection (a), the court shall notify the attorney representing |
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the state and the patient's last attorney of record and provide each |
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attorney a copy of the discharge certificate. |
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(c) On the request of the attorney representing the state, |
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the court must conduct a hearing to determine whether the patient no |
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longer meets the criteria for court-ordered inpatient mental health |
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services and should be discharged. The court may hold the hearing |
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on its own motion. |
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(d) The court may order further psychiatric or |
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psychological testing the court considers necessary for |
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determining whether the patient no longer meets the criteria for |
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court-ordered inpatient mental health services and should be |
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discharged. |
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(e) At the hearing conducted under this section, the court |
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shall determine whether the person meets any criteria for |
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court-ordered inpatient mental health services listed in Section |
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574.035(a). If the court finds by clear and convincing evidence |
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that the patient meets one of the criteria for court-ordered |
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inpatient mental health services, the court shall disapprove the |
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patient's release and enter a new order committing the patient for |
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court-ordered extended inpatient mental health services. If the |
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court does not find by clear and convincing evidence that the |
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patient meets one of the criteria for court-ordered inpatient |
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mental health services, the court shall approve the patient's |
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discharge. |
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SECTION 6. The change in law made by this Act in amending |
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Subsection (a), Article 46C.261, Code of Criminal Procedure, |
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applies only to a defendant with respect to whom any proceeding |
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under Chapter 46C, Code of Criminal Procedure, is conducted on or |
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after the effective date of this Act. |
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SECTION 7. This Act takes effect September 1, 2011. |
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