Amend CSHB 12 (house committee printing) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Subchapter D, Chapter 46B, Code of Criminal Procedure, is amended by adding Article 46B.091 to read as follows:
Art. 46B.091. JAIL-BASED COMPETENCY RESTORATION PROGRAM IMPLEMENTED BY COUNTY. (a) In this article:
(1) "Commission" means the Health and Human Services Commission.
(2) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.
(b) A county or counties jointly may develop and implement a jail-based competency restoration program.
(c) A county that implements a program under this article shall contract with a provider of jail-based competency restoration services that is a local mental health authority or local behavioral health authority that is in good standing with the commission, which may include an authority that is in good standing with the commission and subcontracts with a provider of jail-based competency restoration services.
(d) A jail-based competency restoration program must:
(1) provide jail-based competency restoration services through the use of a multidisciplinary treatment team that are:
(A) directed toward the specific objective of restoring the defendant's competency to stand trial; and
(B) similar to other competency restoration programs;
(2) employ or contract for the services of at least one psychiatrist;
(3) provide jail-based competency restoration services through licensed or qualified mental health professionals;
(4) provide weekly competency restoration hours commensurate to the hours provided as part of a competency restoration program at an inpatient mental health facility;
(5) operate in the jail in a designated space that is separate from the space used for the general population of the jail;
(6) ensure coordination of general health care;
(7) provide mental health treatment and substance use disorder treatment to defendants, as necessary, for competency restoration; and
(8) supply clinically appropriate psychoactive medications for purposes of administering court-ordered medication to defendants as applicable and in accordance with Article 46B.086 of this code or Section 574.106, Health and Safety Code.
(e) The executive commissioner shall adopt rules as necessary for a county to develop and implement a program under this article. The commission shall, as part of the rulemaking process, establish contract monitoring and oversight requirements for a local mental health authority or local behavioral health authority that contracts with a county to provide jail-based competency restoration services under this article. The contract monitoring and oversight requirements must be consistent with local mental health authority or local behavioral health authority performance contract monitoring and oversight requirements, as applicable.
(f) The commission may inspect on behalf of the state any aspect of a program implemented under this article.
(g) A psychiatrist or psychologist for the provider shall conduct at least two full psychiatric or psychological evaluations of the defendant during the period the defendant receives competency restoration services in the jail. The psychiatrist or psychologist must conduct one evaluation not later than the 21st day and one evaluation not later than the 55th day after the date the defendant is committed to the program. The psychiatrist or psychologist shall submit to the court a report concerning each evaluation required under this subsection.
(h) If at any time during a defendant's commitment to a program implemented under this article the psychiatrist or psychologist for the provider determines that the defendant has attained competency to stand trial:
(1) the psychiatrist or psychologist for the provider shall promptly issue and send to the court a report demonstrating that fact; and
(2) the court shall consider that report as the report of an expert stating an opinion that the defendant has been restored to competency for purposes of Article 46B.0755(a) or (b).
(i) If at any time during a defendant's commitment to a program implemented under this article the psychiatrist or psychologist for the provider determines that the defendant's competency to stand trial is unlikely to be restored in the foreseeable future:
(1) the psychiatrist or psychologist for the provider shall promptly issue and send to the court a report demonstrating that fact; and
(2) the court shall:
(A) proceed under Subchapter E or F and order the transfer of the defendant, without unnecessary delay, to the first available facility that is appropriate for that defendant, as provided under Subchapter E or F, as applicable; or
(B) release the defendant on bail as permitted under Chapter 17.
(j) If the psychiatrist or psychologist for the provider determines that a defendant committed to a program implemented under this article has not been restored to competency by the end of the 60th day after the date the defendant was committed to the program:
(1) for a defendant charged with a felony, the defendant shall be transferred, without unnecessary delay and for the remainder of the period prescribed by Article 46B.073(b), to the first available facility that is appropriate for that defendant as provided by Article 46B.073(c) or (d); and
(2) for a defendant charged with a misdemeanor, the court may:
(A) order a single extension under Article 46B.080 and, notwithstanding Articles 46B.073(e) and (f), the transfer of the defendant without unnecessary delay to the appropriate mental health facility or residential care facility as provided by Article 46B.073(d) for the remainder of the period under the extension;
(B) proceed under Subchapter E or F;
(C) release the defendant on bail as permitted under Chapter 17; or
(D) dismiss the charges in accordance with Article 46B.010.
(k) Unless otherwise provided by this article, the provisions of this chapter, including the maximum periods prescribed by Article 46B.0095, apply to a defendant receiving competency restoration services, including competency restoration education services, under a program implemented under this article in the same manner as those provisions apply to any other defendant who is subject to proceedings under this chapter.
(l) This article does not affect the responsibility of a county to ensure the safety of a defendant who is committed to the program and to provide the same adequate care to the defendant as is provided to other inmates of the jail in which the defendant is located.
SECTION ____. Not later than November 1, 2017, the executive commissioner of the Health and Human Services Commission shall adopt the rules described by Article 46B.091(e), Code of Criminal Procedure, as added by this Act.