By: Huffman S.B. No. 1185

(In the Senate - Filed March 6, 2013; March 12, 2013, read first time and referred to Committee on Criminal Justice; March 25, 2013, reported adversely, with favorable Committee Substitute by the following vote: Yeas 5, Nays 0; March 25, 2013, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 1185 By: Huffman

A BILL TO BE ENTITLED

AN ACT

relating to the creation of a mental health jail diversion pilot program.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle C, Title 7, Health and Safety Code, is amended by adding Chapter 579 to read as follows:

CHAPTER 579. MENTAL HEALTH JAIL DIVERSION PILOT PROGRAM; HARRIS

COUNTY

Sec. 579.001. DEFINITIONS. In this chapter:

(1) "Commissioner" means the commissioner of the department.

(2) "County judge" means the county judge of Harris County.

(3) "Department" means the Department of State Health Services.

Sec. 579.002. MENTAL HEALTH JAIL DIVERSION PILOT PROGRAM. The department, in cooperation with the county judge, shall establish a pilot program in Harris County to be implemented by the county judge for the purpose of reducing recidivism and the frequency of arrests and incarceration among persons with mental illness in that county.

Sec. 579.003. CRIMINAL JUSTICE MENTAL HEALTH SERVICE MODEL. The county judge shall design and test through the pilot program a criminal justice mental health service model oriented toward reducing the recidivism and frequency of arrests and incarceration of persons with mental illness in the Harris County jail. The model initially must apply the critical time intervention principle described by Section 579.004 and must include the following elements:

(1) low caseload management;

(2) multilevel residential services; and

(3) easy access to:

(A) integrated health, mental health, and chemical dependency services;

(B) benefits acquisition services; and

(C) multiple rehabilitation services.

Sec. 579.004. CRITICAL TIME INTERVENTION. The pilot program, in applying the critical time intervention principle, must give persons with mental illness access to available social, clinical, housing, and welfare services during the first weeks after the person's release from jail.

Sec. 579.005. LOCAL SERVICES COORDINATION. In designing the criminal justice mental health service model the county judge shall seek input from and coordinate the provision of services with the following local entities:

(1) the Harris County Sheriff's Office;

(2) the mental health division of the office of the district attorney of Harris County;

(3) the Harris County public defender;

(4) mental health courts;

(5) specially trained law enforcement crisis intervention teams and crisis intervention response teams;

(6) providers of competency restoration services;

(7) providers of guardianship services;

(8) providers of forensic case management;

(9) providers of assertive community treatment;

(10) providers of crisis stabilization services;

(11) providers of intensive and general supportive housing; and

(12) providers of integrated mental health and substance abuse inpatient, outpatient, and rehabitation services.

Sec. 579.006. PROGRAM CAPACITY. (a) In implementing the pilot program, the county judge shall ensure the program has the resources to provide mental health jail diversion services to not fewer than 200 individuals.

(b) The county judge shall endeavor to serve each year the program operates not fewer than 500 or more than 600 individuals cumulatively.

(c) Before the county judge implements the pilot program, the department and the county judge jointly shall establish clear criteria for identifying a target population to be served by the program. The criteria must prioritize serving a target population composed of members with the highest risks of recidivism and the most severe mental illnesses. The county judge, in consultation with the appropriate entities listed in Section 579.005, may adjust the criteria established under this subsection during the operation of the program provided the adjusted criteria are clearly articulated.

Sec. 579.007. FINANCING THE PROGRAM. (a) The creation of the pilot program under this chapter is contingent on the continuing agreement of the Commissioners Court of Harris County to contribute to the program each year in which the program operates services for persons with mental illness equivalent in value to funding provided by the state for the program.

(b) It is the intent of the legislature that appropriations made to fund the pilot program are made in addition to and will not reduce the amount of appropriations made in the regular funding of the Mental Health and Mental Retardation Authority of Harris County or the Harris County Psychiatric Center.

(c) The Commissioners Court of Harris County may seek and receive gifts and grants from federal sources, foundations, individuals, and other sources for the benefit of the pilot program.

Sec. 579.008. INSPECTIONS. The department may make inspections of the operation of and provision of mental health jail diversion services through the pilot program on behalf of the state to ensure state funds appropriated for the pilot program are used effectively.

Sec. 579.009. REPORT. (a) Not later than December 1, 2016, the commissioner shall evaluate and submit a report concerning the effect of the pilot program in reducing recidivism and the frequency of arrests and incarceration among persons with mental illness in Harris County to the governor, the lieutenant governor, the speaker of the house of representatives, and the presiding officers of the standing committees of the senate and house of representatives having primary jurisdiction over health and human services issues and over criminal justice issues.

(b) The report must include a description of the features of the criminal justice mental health service model developed and tested under the pilot program and the commissioner's recommendation whether to expand use of the model statewide.

(c) In conducting the evaluation required under Subsection (a), the commissioner shall compare the rate of recidivism in Harris County among persons in the target population before the date the program is implemented in the community to the rate of recidivism among those persons two years after the date the program is implemented in the community and three years after the date the program is implemented in the community. The commissioner may include in the evaluation measures of the effectiveness of the program related to the well-being of persons served under the program.

Sec. 579.010. CONCLUSION; EXPIRATION. The pilot program established under this chapter concludes and this chapter expires September 1, 2017.

SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2013.

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