84R8446 GCB-D

By: Naishtat H.B. No. 2023

A BILL TO BE ENTITLED

AN ACT

relating to the appointment of a forensic medical director responsible for statewide coordination and oversight of forensic mental health services provided by the Department of State Health Services.

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

SECTION 1. Chapter 532, Health and Safety Code, is amended by adding Section 532.013 to read as follows:

Sec. 532.013. FORENSIC MEDICAL DIRECTOR. (a) In this section:

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

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

(3) "Forensic patient" means a person with mental illness who is:

(A) found incompetent to stand trial under Subchapter C, Chapter 46B, Code of Criminal Procedure;

(B) committed to court-ordered mental health services under Subchapter E, Chapter 46B, Code of Criminal Procedure;

(C) as described by Subchapter F, Chapter 46B, Code of Criminal Procedure, subject to a civil commitment proceeding under Subtitle C, Title 7, for court-ordered mental health services under that subtitle; or

(D) found not guilty by reason of insanity under Chapter 46C, Code of Criminal Procedure.

(4) "Forensic services" means competency restoration services or mental health services provided a forensic patient at a department facility.

(b) The commissioner shall appoint a forensic medical director.

(c) To be qualified for appointment as forensic medical director, a person must:

(1) be a physician licensed to practice in this state; and

(2) have proven expertise in forensic services.

(d) The forensic medical director reports to the commissioner and is responsible for:

(1) statewide coordination and oversight of forensic services;

(2) any programs operated by the department relating to evaluation of forensic patients, transition of forensic patients from inpatient to outpatient or community-based services, community forensic monitoring, or forensic research and training; and

(3) addressing issues with the delivery of forensic services in the state, including:

(A) significant increases in populations with serious mental illness and criminal justice system involvement;

(B) adequate availability of department facilities for civilly committed forensic patients;

(C) wait times for forensic patients who require competency restoration services;

(D) interruption of mental health services of recently released forensic patients; and

(E) coordination of services provided forensic patients by state agencies.

SECTION 2. The commissioner of the Department of State Health Services shall appoint a forensic medical director as required by Section 532.013, Health and Safety Code, as added by this Act, as soon as practicable after the effective date of this Act.

SECTION 3. 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, 2015.