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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. Article 15.17,
Code of Criminal Procedure, is amended.
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SECTION 1. Same as introduced
version.
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SECTION 2. Article 16.22,
Code of Criminal Procedure, is amended to read as follows:
Art. 16.22. EARLY
IDENTIFICATION OF DEFENDANT SUSPECTED OF HAVING MENTAL ILLNESS OR INTELLECTUAL
DISABILITY [MENTAL RETARDATION]. (a)(1) Not later than four
[72] hours after the sheriff or other
person having custody of a defendant for an offense punishable as a
Class B misdemeanor or any higher category of offense determines that [receiving credible information that may
establish] reasonable cause may
exist to believe that the [a] defendant [committed
to the sheriff's custody] has a mental illness or is a person with an
intellectual disability [mental retardation, including observation
of the defendant's behavior immediately before, during, and after the
defendant's arrest and the results of any previous assessment of the
defendant], the sheriff or other
person
shall provide written or
electronic notice [of the information] to the magistrate. The
notice must include any information related to the sheriff's or other person's determination, such as
information regarding the defendant's behavior immediately before, during,
and after the defendant's arrest and, if applicable, the results of any
previous assessment of the defendant. On a determination that there is
reasonable cause to believe that the defendant has a mental illness or is a
person with an intellectual disability [mental retardation],
the magistrate, except as provided by Subdivision (2), shall order the
local mental health [or mental retardation] authority, local
intellectual and developmental disability authority, or another
qualified mental health or intellectual disability [mental
retardation] expert to:
(A) collect information
regarding whether the defendant has a mental illness as defined by Section
571.003, Health and Safety Code, or is a person with an intellectual
disability [mental retardation] as defined by Section 591.003,
Health and Safety Code, including, if applicable, information
obtained from any previous assessment of the defendant and information
regarding any previously recommended treatment; and
(B) provide to the magistrate
a written assessment of the information collected under Paragraph (A) on
the form approved by the Texas Correctional Office on Offenders with
Medical or Mental Impairments under Section 614.0032(b)(3), Health and
Safety Code.
(2) The magistrate is not
required to order the collection of information under Subdivision (1) if
the defendant in the year preceding the defendant's applicable date of
arrest has been determined to have a mental illness or to be a person with an
intellectual disability [mental retardation] by the local mental
health [or mental retardation] authority, local intellectual and
developmental disability authority, or another mental health or intellectual
disability [mental retardation] expert described by Subdivision
(1). A court that elects to use the results of that previous determination
may proceed under Subsection (c).
(3) If the defendant fails
or refuses to submit to the collection of information regarding the
defendant as required under Subdivision (1), the magistrate may order the
defendant to submit to an examination in a jail or in another place
[mental health facility] determined to be appropriate by the local
mental health [or mental retardation] authority or local
intellectual and developmental disability authority for a reasonable
period not to exceed 48 hours [21 days]. If applicable,
the [The magistrate may order a defendant to a facility operated by
the Department of State Health Services or the Department of Aging and
Disability Services for examination only on request of the local mental
health or mental retardation authority and with the consent of the head of
the facility. If a defendant who has been ordered to a facility operated
by the Department of State Health Services or the Department of Aging and
Disability Services for examination remains in the facility for a period
exceeding 21 days, the head of that facility shall cause the defendant to
be immediately transported to the committing court and placed in the
custody of the sheriff of the county in which the committing court is
located. That] county in which the committing court is located
shall reimburse the local mental health authority or local intellectual
and developmental disability authority [facility] for the
mileage and per diem expenses of the personnel required to transport the
defendant, calculated in accordance with the state travel
regulations in effect at the time.
(b) Except as otherwise
permitted by the magistrate for good cause shown, a [A] written
assessment of the information collected under Subsection (a)(1)(A) shall be
provided to the magistrate:
(1) for a defendant held
in custody, not later than 72 hours after the time an order was issued
under Subsection (a); or
(2) for a defendant
released from custody, not later than the 30th day after the date an
[of any] order was issued under Subsection (a).
(b-1) The [in a
felony case and not later than the 10th day after the date of any order
issued under that subsection in a misdemeanor case, and the] magistrate
shall provide copies of the written assessment to the defense counsel, the
[prosecuting] attorney representing the state, and the trial
court. The written assessment must include a description of the procedures
used in the collection of information under Subsection (a)(1)(A) and the
applicable expert's observations and findings pertaining to:
(1) whether the defendant is
a person who has a mental illness or is a person with an intellectual
disability [mental retardation];
(2) whether there is
clinical evidence to support a belief that the defendant may be incompetent
to stand trial and should undergo a complete competency examination under
Subchapter B, Chapter 46B; and
(3) any appropriate or
recommended treatment or service.
(c) After the trial court
receives the applicable expert's written assessment relating to the
defendant under Subsection (b-1) [(b)] or elects to use the
results of a previous determination as described by Subsection (a)(2), the
trial court may, as applicable:
(1) resume criminal
proceedings against the defendant, including any appropriate proceedings
related to the defendant's release on personal bond under Article 17.032 if
the defendant is being held in custody;
(2) resume or initiate
competency proceedings, if required, as provided by Chapter 46B or other
proceedings affecting the defendant's receipt of appropriate court-ordered
mental health or intellectual disability [mental retardation]
services, including proceedings related to the defendant's receipt of
outpatient mental health services under Section 574.034, Health and Safety
Code; [or]
(3) consider the written
assessment during the punishment phase after a conviction of the offense
for which the defendant was arrested, as part of a presentence investigation
report, or in connection with the impositions of conditions following
placement on community supervision, including deferred adjudication
community supervision; or
(4) refer the defendant
to an appropriate specialty court established or operated under Subtitle K,
Title 2, Government Code.
(d) This article does not
prevent the applicable court from, before, during, or after the collection
of information regarding the defendant as described by this article:
(1) releasing a defendant
who has a mental illness [mentally ill] or is a person with
an intellectual disability [mentally retarded defendant] from
custody on personal or surety bond, including imposing as a condition of
release that the defendant submit to an examination or other assessment;
or
(2) ordering an examination
regarding the defendant's competency to stand trial.
(e) The magistrate shall
submit to the Office of Court Administration of the Texas Judicial System
on a monthly basis the number of written assessments provided to the court
under Subsection (a)(1)(B).
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SECTION 2. Article 16.22,
Code of Criminal Procedure, is amended to read as follows:
Art. 16.22. EARLY
IDENTIFICATION OF DEFENDANT SUSPECTED OF HAVING MENTAL ILLNESS OR INTELLECTUAL
DISABILITY [MENTAL RETARDATION]. (a)(1) Not later than four
[72] hours after the sheriff or municipal
jailer having custody of a defendant for an offense punishable as a
Class B misdemeanor or any higher category of offense receives [receiving] credible information that may establish
reasonable cause to believe that the [a] defendant [committed
to the sheriff's custody] has a mental illness or is a person with an
intellectual disability [mental retardation, including observation
of the defendant's behavior immediately before, during, and after the
defendant's arrest and the results of any previous assessment of the
defendant], the sheriff or municipal
jailer shall provide written or electronic notice [of the
information] to the magistrate. The notice must include any
information related to the sheriff's or municipal
jailer's determination, such as information regarding the
defendant's behavior immediately before, during, and after the defendant's
arrest and, if applicable, the results of any previous assessment of the
defendant. On a determination that there is reasonable cause to
believe that the defendant has a mental illness or is a person with an
intellectual disability [mental retardation], the magistrate,
except as provided by Subdivision (2), shall order the local mental health
[or mental retardation] authority, the local intellectual and
developmental disability authority, or another qualified mental health
or intellectual disability [mental retardation] expert to:
(A) collect information
regarding whether the defendant has a mental illness as defined by Section
571.003, Health and Safety Code, or is a person with an intellectual
disability [mental retardation] as defined by Section 591.003,
Health and Safety Code, including, if applicable, information
obtained from any previous assessment of the defendant and information
regarding any previously recommended treatment; and
(B) provide to the
magistrate a written assessment of the information collected under
Paragraph (A) on the form approved by the Texas Correctional Office on
Offenders with Medical or Mental Impairments under Section 614.0032(b)(2),
Health and Safety Code.
(2) The magistrate is not
required to order the collection of information under Subdivision (1) if
the defendant in the year preceding the defendant's applicable date of
arrest has been determined to have a mental illness or to be a person with an
intellectual disability [mental retardation] by the local mental
health [or mental retardation] authority, the local intellectual
and developmental disability authority, or another mental health or intellectual
disability [mental retardation] expert described by Subdivision
(1). A court that elects to use the results of that previous determination
may proceed under Subsection (c).
(3) If the defendant fails
or refuses to submit to the collection of information regarding the
defendant as required under Subdivision (1), the magistrate may order the
defendant to submit to an examination in a jail or in another place
[mental health facility] determined to be appropriate by the local
mental health [or mental retardation] authority or local
intellectual and developmental disability authority for a reasonable
period not to exceed 48 hours [21 days]. If applicable,
the [The magistrate may order a defendant to a facility operated by
the Department of State Health Services or the Department of Aging and
Disability Services for examination only on request of the local mental
health or mental retardation authority and with the consent of the head of
the facility. If a defendant who has been ordered to a facility operated
by the Department of State Health Services or the Department of Aging and
Disability Services for examination remains in the facility for a period
exceeding 21 days, the head of that facility shall cause the defendant to
be immediately transported to the committing court and placed in the
custody of the sheriff of the county in which the committing court is
located. That] county in which the committing court is located
shall reimburse the local mental health authority or local intellectual
and developmental disability authority [facility] for the
mileage and per diem expenses of the personnel required to transport the
defendant, calculated in accordance with the state travel
regulations in effect at the time.
(b) Same as introduced
version.
(b-1) Same as introduced
version.
(c) Same as introduced
version.
(d) Same as introduced
version.
(e) Same as introduced
version.
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SECTION 3. Articles
17.032(a), (b), (c), and (d), Code of Criminal Procedure, are amended to
read as follows:
(a) In this article,
"violent offense" means an offense under the following sections
of the Penal Code:
(1) Section 19.02 (murder);
(2) Section 19.03 (capital
murder);
(3) Section 20.03
(kidnapping);
(4) Section 20.04
(aggravated kidnapping);
(5) Section 21.11 (indecency
with a child);
(6) Section 22.01(a)(1)
(assault), if the offense involved family violence as defined by Section
71.004, Family Code;
(7) Section 22.011 (sexual
assault);
(8) Section 22.02
(aggravated assault);
(9) Section 22.021
(aggravated sexual assault);
(10) Section 22.04 (injury
to a child, elderly individual, or disabled individual);
(11) Section 29.03
(aggravated robbery);
(12) Section 21.02
(continuous sexual abuse of young child or children); or
(13) Section 20A.03
(continuous trafficking of persons).
(b) Notwithstanding
Article 17.03(b), or a bond schedule adopted or a standing order entered by
a judge, a [A] magistrate shall release a defendant on personal
bond unless good cause is shown otherwise if [the]:
(1) the defendant is
not charged with and has not been previously convicted of a violent
offense;
(2) the defendant is
examined by the local mental health [or mental retardation]
authority, local intellectual and developmental disability authority,
or another qualified mental health or intellectual disability
expert under Article 16.22 [of this code];
(3) the applicable
expert, in a written assessment submitted to the magistrate under Article
16.22, [:
[(A)] concludes that
the defendant has a mental illness or is a person with an intellectual
disability [mental retardation] and requires treatment not available in jail [is nonetheless competent to stand trial];
[and
[(B)
recommends mental health treatment for the defendant; and]
(4) the magistrate
determines, in consultation with the local mental health [or mental
retardation] authority or local intellectual and developmental
disability authority, that appropriate community-based mental health or
intellectual disability [mental retardation] services for the
defendant are available in accordance with [through the Texas
Department of Mental Health and Mental Retardation under] Section
534.053 or 534.103, Health and Safety Code, or through another
mental health or intellectual disability [mental retardation]
services provider; and
(5) the magistrate finds,
after considering all the circumstances, a pretrial risk assessment, if
applicable, and any other credible information provided by the attorney
representing the state or the defendant, that release on personal bond
would reasonably ensure the defendant's appearance in court as required and
the safety of the community and the victim of the alleged offense.
(c) The magistrate, unless
good cause is shown for not requiring treatment, shall require as a
condition of release on personal bond under this article that the defendant
submit to outpatient or inpatient mental health or intellectual
disability [mental retardation] treatment as recommended by the
local mental health [or mental retardation] authority, local
intellectual and developmental disability authority, or another qualified
mental health or intellectual disability expert if the defendant's:
(1) mental illness or intellectual
disability [mental retardation] is chronic in nature; or
(2) ability to function
independently will continue to deteriorate if the defendant is not treated.
(d) In addition to a
condition of release imposed under Subsection (c) [of this article],
the magistrate may require the defendant to comply with other conditions
that are reasonably necessary to ensure the defendant's appearance in
court as required and the safety of [protect] the community and
the victim of the alleged offense.
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SECTION 3. Articles
17.032(a), (b), (c), and (d), Code of Criminal Procedure, are amended to
read as follows:
(a) Same as introduced
version.
(b) Notwithstanding Article
17.03(b), or a bond schedule adopted or a standing order entered by a
judge, a [A] magistrate shall release a defendant on personal
bond unless good cause is shown otherwise if [the]:
(1) the defendant is
not charged with and has not been previously convicted of a violent
offense;
(2) the defendant is
examined by the local mental health [or mental retardation]
authority, the local intellectual and developmental disability
authority, or another qualified mental health or intellectual
disability expert under Article 16.22 [of this code];
(3) the applicable
expert, in a written assessment submitted to the magistrate under Article
16.22:
(A) concludes that the
defendant has a mental illness or is a person with an intellectual
disability [mental retardation] and is nonetheless competent to stand trial;
and
B)
recommends mental health treatment for the defendant; [and]
(4) the magistrate
determines, in consultation with the local mental health [or mental
retardation] authority or local intellectual and developmental
disability authority, that appropriate community-based mental health or
intellectual disability [mental retardation] services for the
defendant are available in accordance with [through the Texas
Department of Mental Health and Mental Retardation under] Section
534.053 or 534.103, Health and Safety Code, or through another
mental health or intellectual disability [mental retardation]
services provider; and
(5) the magistrate finds,
after considering all the circumstances, a pretrial risk assessment, if
applicable, and any other credible information provided by the attorney
representing the state or the defendant, that release on personal bond
would reasonably ensure the defendant's appearance in court as required and
the safety of the community and the victim of the alleged offense.
(c) Substantially the same
as introduced version.
(d) Same as introduced
version.
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SECTION 4. Article 32A.01,
Code of Criminal Procedure, is amended.
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SECTION 4. Same as introduced
version.
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No
equivalent provision.
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SECTION 5. Article 46B.001,
Code of Criminal Procedure, is amended by adding Subdivision (9) to read as
follows:
(9) "Competency
restoration" means the treatment or education process for restoring a
person's ability to consult with the person's attorney with a reasonable
degree of rational understanding and a rational and factual understanding
of the court proceedings and charges against the person.
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SECTION 5. The heading to
Article 46B.0095, Code of Criminal Procedure, is amended.
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SECTION 6. Same as introduced
version.
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SECTION 6. Articles
46B.0095(a), (b), (c), and (d), Code of Criminal Procedure, are amended to
read as follows:
(a) A defendant may not,
under Subchapter D or E or any other provision of this chapter, be
committed to a mental hospital or other inpatient or residential facility or
to a jail-based restoration of competency program, ordered to
participate in an outpatient
[treatment] program,
or subjected to any combination of [both] inpatient or
[and] outpatient treatment
or program participation
for a cumulative period that
exceeds the maximum term provided by law for the offense for which the
defendant was to be tried, except that if the defendant is charged with a
misdemeanor and has been ordered only to participate in an outpatient [treatment]
program under Subchapter D or
E, the maximum period of restoration is two years.
(b) On expiration of the
maximum restoration period under Subsection (a), the mental hospital,
[or other inpatient or residential] facility, or [outpatient
treatment] program provider identified in the most recent order of
commitment or order of outpatient [treatment]
program participation under this
chapter shall assess the
defendant to determine if civil proceedings under Subtitle C or D, Title 7,
Health and Safety Code, are appropriate. The defendant may be confined for
an additional period in a mental hospital or other [inpatient or
residential] facility or
jail-based program or ordered to participate for an
additional period in an
outpatient [treatment]
program, as appropriate, only pursuant to civil proceedings conducted under
Subtitle C or D, Title 7, Health and Safety Code, by a court with probate
jurisdiction.
(c) The cumulative period
described by Subsection (a):
(1) begins on the date the
initial order of commitment or initial order for outpatient [treatment]
program participation is
entered under this chapter; and
(2) in addition to any
inpatient or outpatient treatment
periods
or program participation
periods described by Subsection (a), includes any time that, following
the entry of an order described by Subdivision (1), the defendant is
confined in a correctional facility, as defined by Section 1.07, Penal
Code, or is otherwise in the custody of the sheriff during or while
awaiting, as applicable:
(A) the defendant's transfer
to:
(i) a mental hospital
or other inpatient or residential facility; or
(ii) a jail-based
restoration of competency program;
(B) the defendant's release
on bail to participate in an outpatient treatment program; or
(C) a criminal trial
following any temporary restoration of the defendant's competency to stand
trial.
(d) The court shall credit
to the cumulative period described by Subsection (a) any time that a
defendant, following arrest for the offense for which the defendant was to
be tried, is confined in a correctional facility, as defined by Section
1.07, Penal Code, before the initial order of commitment or initial order
for outpatient [treatment]
program participation is entered under this chapter.
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SECTION 7. Articles
46B.0095(a), (b), (c), and (d), Code of Criminal Procedure, are amended to
read as follows:
(a) A defendant may not,
under Subchapter D or E or any other provision of this chapter, be
committed to a mental hospital or other inpatient or residential facility or
to a jail-based competency restoration program, ordered to participate
in an outpatient competency
restoration [treatment] program, or subjected to any
combination of [both] inpatient, [and] outpatient,
or jail-based competency restoration program participation [treatment] for a cumulative
period that exceeds the maximum term provided by law for the offense for
which the defendant was to be tried, except that if the defendant is
charged with a misdemeanor and has been ordered only to participate in an
outpatient competency restoration or treatment program under Subchapter D
or E, the maximum period of restoration is two years.
(b) On expiration of the
maximum restoration period under Subsection (a), the mental hospital,
[or other inpatient or residential] facility, or [outpatient
treatment] program provider identified in the most recent order of
commitment or order of outpatient competency
restoration or treatment program
participation under this chapter shall assess the defendant to determine if
civil proceedings under Subtitle C or D, Title 7, Health and Safety Code,
are appropriate. The defendant may be confined for an additional period in
a mental hospital or other [inpatient or residential] facility or jail-based competency restoration program
or ordered to participate for an additional period in an outpatient
treatment
program, as appropriate, only pursuant to civil proceedings conducted under
Subtitle C or D, Title 7, Health and Safety Code, by a court with probate
jurisdiction.
(c) The cumulative period
described by Subsection (a):
(1) begins on the date the
initial order of commitment or initial order for outpatient competency restoration or treatment program participation is
entered under this chapter; and
(2) in addition to any
inpatient or outpatient competency
restoration [treatment]
periods or program participation periods described by Subsection
(a), includes any time that, following the entry of an order described by
Subdivision (1), the defendant is confined in a correctional facility, as
defined by Section 1.07, Penal Code, or is otherwise in the custody of the
sheriff during or while awaiting, as applicable:
(A) the defendant's transfer
to:
(i) a mental hospital
or other inpatient or residential facility; or
(ii) a jail-based
competency restoration program;
(B) the defendant's release
on bail to participate in an outpatient competency
restoration or treatment program; or
(C) a criminal trial
following any temporary restoration of the defendant's competency to stand
trial.
(d) The court shall credit
to the cumulative period described by Subsection (a) any time that a
defendant, following arrest for the offense for which the defendant was to
be tried, is confined in a correctional facility, as defined by Section
1.07, Penal Code, before the initial order of commitment or initial order
for outpatient competency restoration
or treatment program
participation is entered under this chapter.
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SECTION 7. Article 46B.010,
Code of Criminal Procedure, is amended to read as follows:
Art. 46B.010. MANDATORY
DISMISSAL OF MISDEMEANOR CHARGES. If a court orders that a defendant
charged with a misdemeanor punishable by confinement be committed to a
mental hospital or other inpatient or residential facility or to a
jail-based restoration of competency program, participate in an
outpatient [treatment]
program, or be subjected to any
combination of [both] inpatient or [and]
outpatient
treatment or program
participation, and the defendant is not tried before the expiration of
the maximum period of restoration described by Article 46B.0095:
(1) on the motion of the
attorney representing the state, the court shall dismiss the charge; or
(2) on the motion of the
attorney representing the defendant and notice to the attorney representing
the state, the court:
(A) shall set the matter to
be heard not later than the 10th day after the date of filing of the
motion; and
(B) may dismiss the charge
on a finding that the defendant was not tried before the expiration of the
maximum period of restoration.
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SECTION 8. Article 46B.010,
Code of Criminal Procedure, is amended to read as follows:
Art. 46B.010. MANDATORY
DISMISSAL OF MISDEMEANOR CHARGES. If a court orders that a defendant
charged with a misdemeanor punishable by confinement be committed to a
mental hospital or other inpatient or residential facility or to a
jail-based competency restoration program, participate in an outpatient
competency restoration or treatment
program, or be subjected to any
combination of [both] inpatient or [and] outpatient
competency restoration or
treatment program
participation, and the defendant is not tried before the expiration of
the maximum period of restoration described by Article 46B.0095:
(1) on the motion of the
attorney representing the state, the court shall dismiss the charge; or
(2) on the motion of the
attorney representing the defendant and notice to the attorney representing
the state, the court:
(A) shall set the matter to
be heard not later than the 10th day after the date of filing of the motion;
and
(B) may dismiss the charge
on a finding that the defendant was not tried before the expiration of the
maximum period of restoration.
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SECTION 8. Article 46B.026,
Code of Criminal Procedure, is amended.
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SECTION 9. Same as introduced
version.
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SECTION 9. Article
46B.071(a), Code of Criminal Procedure, is amended to read as follows:
(a) Except as provided by
Subsection (b), on a determination that a defendant is incompetent to stand
trial and is subject to an initial
restoration period,
the court shall:
(1) if the defendant is
charged with an offense punishable as a Class B misdemeanor:
(A) commit the
defendant to a program [facility] under Article 46B.073; or
(B) [(2)]
release the defendant on bail under Article 46B.0711; or
(2) if the defendant is
charged with an offense punishable as a Class A misdemeanor or any higher
category of offense:
(A) commit the defendant
to a facility or program under Article 46B.073; or
(B) release the defendant
on bail under Article 46B.072.
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SECTION 10. Article
46B.071(a), Code of Criminal Procedure, is amended to read as follows:
(a) Except as provided by
Subsection (b), on a determination that a defendant is incompetent to stand
trial,
the court shall:
(1) if the defendant is
charged with an offense punishable as a Class B misdemeanor:
(A) commit the
defendant to a jail-based competency restoration program [facility]
under Article 46B.073; [or]
(B) [(2)]
release the defendant on bail under Article 46B.0711; or
(C) commit the defendant to a facility under Article 46B.073
only if:
(i) a jail-based competency restoration program under Article
46B.073 is not available; and
(ii) an outpatient competency restoration program under Article
46B.0711 is not available; or
(2) if the defendant is
charged with an offense punishable as a Class A misdemeanor or any higher
category of offense:
(A) commit the defendant
to a facility or jail-based competency restoration program under Article
46B.073; or
(B) release the defendant
on bail under Article 46B.072.
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SECTION 10. Subchapter D,
Chapter 46B, Code of Criminal Procedure, is amended by adding Article
46B.0711 to read as follows:
Art. 46B.0711. RELEASE ON
BAIL FOR CLASS B MISDEMEANOR.
(a) Subject to conditions
reasonably related to ensuring public safety and the effectiveness of the
defendant's treatment, if the court determines that a defendant charged
with an offense punishable as a Class B misdemeanor and found incompetent
to stand trial is not a danger to others and may be safely treated on an
outpatient basis with the specific objective of attaining competency to
stand trial,
the court shall:
(1) release the defendant
on bail or continue the defendant's release on bail; and
(2) order the defendant
to participate in an outpatient treatment
program for a period not to exceed 90
days.
(b) If the defendant
successfully completes the outpatient treatment program described by
Subsection (a), the court shall:
(1) on the motion of the
attorney representing the state, dismiss the charge; or
(2) proceed as otherwise
required by this subchapter.
(c) If the defendant does
not successfully complete the outpatient treatment program described by
Subsection (a), the court may:
(1) for the remainder of
the 90-day period described by Subsection (a)(2), commit the defendant to a
jail-based restoration of competency program under Article 46B.073 if the
maximum period of restoration described by Article 46B.0095 has not
expired; or
(2) on the motion of the
attorney representing the state, dismiss the charge.
No
equivalent provision.
No
equivalent provision.
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SECTION 11. Subchapter D,
Chapter 46B, Code of Criminal Procedure, is amended by adding Article
46B.0711 to read as follows:
Art. 46B.0711. RELEASE ON
BAIL FOR CLASS B MISDEMEANOR. (a) This
article applies only to a defendant who is subject to an initial
restoration period based on Article 46B.071.
(b) Subject to conditions
reasonably related to ensuring public safety and the effectiveness of the
defendant's treatment, if the court determines that a defendant charged
with an offense punishable as a Class B misdemeanor and found incompetent
to stand trial is not a danger to others and may be safely treated on an
outpatient basis with the specific objective of attaining competency to
stand trial, and an appropriate
outpatient competency restoration program is available for the defendant,
the court shall:
(1) release the defendant
on bail or continue the defendant's release on bail; and
(2) order the defendant
to participate in an outpatient competency
restoration program for a period not to exceed 60 days.
No
equivalent provision.
No
equivalent provision.
(c) Notwithstanding
Subsection (b), the court may order a defendant to participate in an
outpatient competency restoration program under this article only if:
(1) the court receives
and approves a comprehensive plan that:
(A) provides for the
treatment of the defendant for purposes of competency restoration; and
(B) identifies the person
who will be responsible for providing that treatment to the defendant; and
(2) the court finds that
the treatment proposed by the plan will be available to and will be
provided to the defendant.
(d) An order issued under
this article may require the defendant to participate in:
(1) as appropriate, an
outpatient competency restoration program administered by a community
center or an outpatient competency restoration program administered by any
other entity that provides competency restoration services; and
(2) an appropriate
prescribed regimen of medical, psychiatric, or psychological care or
treatment, including care or treatment involving the administration of
psychoactive medication, including those required under Article 46B.086.
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SECTION 11. The heading to
Article 46B.072, Code of Criminal Procedure, is amended.
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SECTION 12. Substantially the
same as introduced version.
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SECTION 12. Article 46B.072,
Code of Criminal Procedure, is amended by amending Subsection (a-1) and
adding Subsections (e) and (f) to read as follows:
(a-1) Subject to conditions
reasonably related to ensuring [assuring] public safety and
the effectiveness of the defendant's treatment, if the court determines
that a defendant
found incompetent to stand
trial is not a danger to others and may be safely treated on an outpatient
basis with the specific objective of attaining competency to stand trial
and if an appropriate outpatient treatment
program is available for the defendant, the court:
(1) may release on bail a
defendant found incompetent to stand trial with respect to an offense
punishable as a felony or may continue the defendant's release on bail;
and
(2) shall release on bail a
defendant found incompetent to stand trial with respect to an offense
punishable as a Class A [a] misdemeanor or shall continue the
defendant's release on bail.
(e) If the defendant
successfully completes the outpatient treatment program described by
Subsection (a-1), the court shall:
(1) on the motion of the
attorney representing the state, dismiss the charge; or
(2) proceed as otherwise
required by this subchapter.
(f) If the defendant does
not successfully complete the outpatient treatment program described by
Subsection (a-1), the court may:
(1) for the remainder of
the 120-day period described by Subsection (b), commit the defendant to a
facility or to a jail-based restoration of competency program under Article
46B.073 if the maximum period of restoration described by Article 46B.0095
has not expired; or
(2) on the motion of the
attorney representing the state, dismiss the charge.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
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SECTION 13. Articles
46B.072(a-1), (b), (c), and (d), Code of Criminal Procedure, are amended to
read as follows:
(a-1) Subject to conditions
reasonably related to ensuring [assuring] public safety and
the effectiveness of the defendant's treatment, if the court determines
that a defendant charged with an
offense punishable as a felony or a Class A misdemeanor and
found incompetent to stand
trial is not a danger to others and may be safely treated on an outpatient
basis with the specific objective of attaining competency to stand trial,
and [if] an appropriate outpatient competency
restoration [treatment]
program is available for the defendant, the court:
(1) may release on bail a
defendant found incompetent to stand trial with respect to an offense
punishable as a felony or may continue the defendant's release on bail;
and
(2) shall release on bail a
defendant found incompetent to stand trial with respect to an offense
punishable as a Class A [a] misdemeanor or shall continue the
defendant's release on bail.
No
equivalent provision.
No
equivalent provision.
(b) The court shall order a
defendant released on bail under Subsection (a-1) to participate in an
outpatient competency restoration [treatment] program for a
period not to exceed 120 days.
(c) Notwithstanding
Subsection (a-1), the court may order a defendant to participate in an
outpatient competency restoration [treatment] program under
this article only if:
(1) the court receives and
approves a comprehensive plan that:
(A) provides for the
treatment of the defendant for purposes of competency restoration; and
(B) identifies the person
who will be responsible for providing that treatment to the defendant; and
(2) the court finds that the
treatment proposed by the plan will be available to and will be provided to
the defendant.
(d) An order issued under
this article may require the defendant to participate in:
(1) as appropriate, an
outpatient competency restoration [treatment] program
administered by a community center or an outpatient competency
restoration [treatment] program administered by any other entity
that provides outpatient competency restoration services; and
(2) an appropriate
prescribed regimen of medical, psychiatric, or psychological care or
treatment, including care or treatment involving the administration of
psychoactive medication, including those required under Article 46B.086.
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SECTION 13. Article 46B.073,
Code of Criminal Procedure, is amended to read as follows:
Art. 46B.073. COMMITMENT FOR
RESTORATION TO COMPETENCY.
(a) This article applies
only to a defendant [not released on bail] who is subject to an
initial restoration period based on Article 46B.071 and who:
(1) was not released on
bail; or
(2) if released on bail,
is made subject to this article by action of the court under Article
46B.0711(c) or 46B.072(f).
(b) For further examination,
psychiatric stabilization, and treatment toward
the specific objective of the
defendant attaining competency to stand trial, the court shall commit a defendant
described by Subsection (a) to a mental health facility, [or]
residential care facility, or jail-based restoration of competency
program for the applicable period as follows:
(1) a period of not more
than 60 days, if the defendant is described
by Subsection (a)(1) and
charged with an offense punishable as a misdemeanor; [or]
(2) a period of not more
than 120 days, if the defendant is described
by Subsection (a)(1) and charged with an offense punishable as a
felony; or
(3) the remainder of the restoration period specified by the
court under Article 46B.0711 or 46B.072, as applicable.
(b-1) A defendant charged
with an offense punishable as a Class B misdemeanor may be committed under
this subchapter only to a jail-based restoration of competency program.
(c) If the defendant is
charged with an offense listed in Article 17.032(a), other than an offense listed in Article 17.032(a)(6),
or the indictment alleges an
affirmative finding under Article 42A.054(c) or (d), the court shall enter
an order committing the defendant for
psychiatric stabilization
to the maximum security unit
of any facility designated by the Department of State Health Services, to
an agency of the United States operating a mental hospital, [or] to
a Department of Veterans Affairs hospital,
or to a jail-based restoration of competency program.
(d) If the defendant is not
charged with an offense described by Subsection (c) and the indictment does
not allege an affirmative finding under Article 42A.054(c) or (d), the
court shall enter an order committing the defendant for psychiatric stabilization to a jail-based
restoration of competency program or to a mental health facility or
residential care facility determined to be appropriate by the local mental
health authority or local intellectual and developmental disability
authority.
(e) On notification from
the head of a facility or a program provider under Article 46B.079(b)(1),
the court shall order the defendant to receive competency restoration
education services in a jail-based restoration of competency program or in
an outpatient competency restoration education
program, as appropriate.
(f) If a defendant for
whom an order is entered under Subsection (e) was committed for psychiatric stabilization to a facility
other than a jail-based restoration of competency program, the court shall
send a copy of that order to:
(1) the sheriff of the
county in which the court is located; and
(2) the head of the
facility to which the defendant was committed for psychiatric stabilization
[Notwithstanding
Subsections (b), (c), and (d) and notwithstanding the contents of the
applicable order of commitment, in a county in which the Department of
State Health Services operates a jail-based restoration of competency pilot
program under Article 46B.090, a defendant for whom an order is issued
under this article committing the defendant to a mental health facility or
residential care facility shall be provided competency restoration services
at the jail under the pilot program if the service provider at the jail
determines the defendant will immediately begin to receive services. If
the service provider at the jail determines the defendant will not
immediately begin to receive competency restoration services, the defendant
shall be transferred to the appropriate mental health facility or
residential care facility as provided by the court order. This subsection
expires September 1, 2019].
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SECTION 14. Article 46B.073,
Code of Criminal Procedure, is amended by amending Subsections (b), (c),
(d), and (e) and adding Subsection (f) to read as follows:
No
equivalent provision.
(b) For further examination and competency
restoration services with [treatment
toward]
the specific objective of the
defendant attaining competency to stand trial, the court shall commit a
defendant described by Subsection (a) to a mental health facility, [or]
residential care facility, or jail-based competency restoration program
for the applicable period as follows:
(1) a period of not more
than 60 days, if the defendant is charged with an offense punishable as a
misdemeanor; or
(2) a period of not more
than 120 days, if the defendant is charged with an offense punishable as a
felony.
No
equivalent provision.
(c) If the defendant is
charged with an offense listed in Article 17.032(a), other than an offense under Section 22.01(a)(1), Penal Code [listed in Article 17.032(a)(6)],
or the indictment alleges an affirmative finding under Article 42A.054(c)
or (d), the court shall enter an order committing the defendant for competency restoration services
to the maximum security unit
of any facility designated by the Department of State Health Services, to
an agency of the United States operating a mental hospital, or to a
Department of Veterans Affairs hospital.
(d) If the defendant is not
charged with an offense described by Subsection (c) and the indictment does
not allege an affirmative finding under Article 42A.054(c) or (d), the
court shall enter an order, in
accordance with Article 46B.071(a), committing the defendant to
a jail-based competency restoration program or to a mental health
facility or residential care facility determined to be appropriate by the
local mental health authority or local intellectual and developmental
disability authority. A defendant
may be committed to a jail-based competency restoration program only if the
program provider determines the defendant will begin to receive competency
restoration services within 72 hours of arriving at the program.
(e) On notification from
the head of a facility or a program provider under Article 46B.079(b)(1),
the court shall order the defendant to receive competency restoration
education services in a jail-based competency restoration program or in an
outpatient competency restoration program, as appropriate and if available.
(f) If a defendant for
whom an order is entered under Subsection (e) was committed for competency restoration to a facility
other than a jail-based
competency restoration program, the court shall send a copy of that order
to:
(1) the sheriff of the
county in which the court is located;
(2) the head of the
facility to which the defendant was committed for competency restoration; and
(3) the local mental health authority or local intellectual and
developmental disability authority, as appropriate
[Notwithstanding Subsections
(b), (c), and (d) and notwithstanding the contents of the applicable order
of commitment, in a county in which the Department of State Health Services
operates a jail-based restoration of competency pilot program under Article
46B.090, a defendant for whom an order is issued under this article
committing the defendant to a mental health facility or residential care
facility shall be provided competency restoration services at the jail
under the pilot program if the service provider at the jail determines the
defendant will immediately begin to receive services. If the service
provider at the jail determines the defendant will not immediately begin to
receive competency restoration services, the defendant shall be transferred
to the appropriate mental health facility or residential care facility as
provided by the court order. This subsection expires September 1, 2019].
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SECTION 14. Article
46B.074(a), Code of Criminal Procedure, is amended to read as follows:
(a) A defendant may be
committed to a jail-based restoration
of competency program, mental health facility, or
residential care facility under this subchapter only on competent medical
or psychiatric testimony provided by an expert qualified under Article
46B.022.
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SECTION 15. Substantially
the same as introduced version.
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SECTION 15. Article 46B.075,
Code of Criminal Procedure, is amended to read as follows:
Art. 46B.075. TRANSFER OF
DEFENDANT TO FACILITY OR [OUTPATIENT TREATMENT] PROGRAM. An order
issued under Article 46B.0711, 46B.072, or 46B.073 must place
the defendant in the custody of the sheriff for transportation to the
facility or [outpatient treatment] program, as applicable, in which
the defendant is to receive treatment
for purposes of competency restoration.
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SECTION 16. Article 46B.075,
Code of Criminal Procedure, is amended to read as follows:
Art. 46B.075. TRANSFER OF
DEFENDANT TO FACILITY OR [OUTPATIENT TREATMENT] PROGRAM. An order
issued under Article 46B.0711, 46B.072, or 46B.073 must place
the defendant in the custody of the sheriff for transportation to the
facility or [outpatient treatment] program, as applicable, in which
the defendant is to receive [treatment
for purposes of] competency restoration services.
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SECTION 16. Articles
46B.0755(a), (b), and (d), Code of Criminal Procedure, are amended.
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SECTION 17. Same as
introduced version.
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SECTION 17. Article 46B.076,
Code of Criminal Procedure, is amended.
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SECTION 18. Same as
introduced version.
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SECTION 18. Article 46B.077,
Code of Criminal Procedure, is amended to read as follows:
Art. 46B.077. INDIVIDUAL
TREATMENT PROGRAM. (a) The facility or jail-based program to which
the defendant is committed or the outpatient treatment
program to which the defendant is released on bail shall:
(1) develop an individual
program of treatment;
(2) assess and evaluate
whether the defendant is likely to be restored to competency in the
foreseeable future; and
(3) report to the court and
to the local mental health authority or to the local intellectual and
developmental disability authority on the defendant's progress toward
achieving competency.
(b) If the defendant is
committed to an inpatient mental health facility, [or to a]
residential care facility, or jail-based restoration of competency
program, the facility or program shall report to the court at
least once during the commitment period. If the defendant is released to a
treatment
program not provided by an
inpatient mental health facility, [or a] residential care
facility, or jail-based restoration of competency program, the treatment program shall report to the
court:
(1) not later than the 14th
day after the date on which the defendant's treatment
begins; and
(2) until the defendant is
no longer released to the treatment
program, at least once during each 30-day period following the date of the
report required by Subdivision (1).
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SECTION 19. Article 46B.077,
Code of Criminal Procedure, is amended to read as follows:
Art. 46B.077. INDIVIDUAL
TREATMENT PROGRAM. (a) The facility or jail-based competency
restoration program to which the defendant is committed or the
outpatient competency restoration [treatment] program to which
the defendant is released on bail shall:
(1) develop an individual
program of treatment;
(2) assess and evaluate whether
the defendant is likely to be restored to competency in the foreseeable
future; and
(3) report to the court and
to the local mental health authority or to the local intellectual and
developmental disability authority on the defendant's progress toward
achieving competency.
(b) If the defendant is
committed to an inpatient mental health facility, [or to a]
residential care facility, or jail-based competency restoration program,
the facility or program shall report to the court at least once
during the commitment period.
If the defendant is released
to a competency restoration [treatment]
program not provided by an
inpatient mental health facility, [or a] residential care
facility, or jail-based competency restoration program, the [treatment] program shall report
to the court:
(1) not later than the 14th
day after the date on which the defendant's competency restoration services begin [treatment begins]; and
(2) until the defendant is
no longer released to the [treatment]
program, at least once during each 30-day period following the date of the
report required by Subdivision (1).
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SECTION 19. Article 46B.078,
Code of Criminal Procedure, is amended to read as follows:
Art. 46B.078. CHARGES
SUBSEQUENTLY DISMISSED. If the charges pending against a defendant are
dismissed, the court that issued the order under Article 46B.0711,
46B.072, or 46B.073 shall send a copy of the order of dismissal to
the sheriff of the county in which the court is located and to the head of
the facility, the provider of the jail-based restoration of competency
program, or the provider of the outpatient [treatment] program,
as appropriate. On receipt of the copy of the order, the facility or [outpatient
treatment] program shall discharge the defendant into the care of the
sheriff for transportation in the manner described by Article 46B.082.
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SECTION 20. Article 46B.078,
Code of Criminal Procedure, is amended to read as follows:
Art. 46B.078. CHARGES
SUBSEQUENTLY DISMISSED. If the charges pending against a defendant are
dismissed, the court that issued the order under Article 46B.0711,
46B.072, or 46B.073 shall send a copy of the order of dismissal to
the sheriff of the county in which the court is located and to the head of
the facility, the provider of the jail-based competency restoration
program, or the provider of the outpatient competency restoration [treatment] program, as
appropriate. On receipt of the copy of the order, the facility or [outpatient
treatment] program shall discharge the defendant into the care of the
sheriff for transportation in the manner described by Article 46B.082.
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SECTION 20. Article 46B.079,
Code of Criminal Procedure, is amended to read as follows:
Art. 46B.079. NOTICE AND
REPORT TO COURT. (a) The head of the facility, the provider of the jail-based restoration of competency
program, or the provider of the outpatient [treatment]
program, as appropriate, not later than the 15th day before the date on
which the initial restoration period is to expire according to the terms of
the order or under Article 46B.0095 or other applicable provisions of this
chapter, shall notify the applicable court that the period is about to
expire.
(b) The head of the facility, jail-based restoration of
competency program provider, or outpatient [treatment]
program
provider shall promptly notify the court when the head of the
facility or [outpatient treatment] program provider believes that:
(1) the defendant has attained psychiatric stabilization
but has not attained competency to stand trial;
(2) the defendant has
attained competency to stand trial; or
(3) [(2)] the
defendant is not likely to attain competency in the foreseeable future.
(c) When the head of the
facility or [outpatient treatment] program provider gives notice to
the court under Subsection (a), (b)(2), or (b)(3) [(b)],
the head of the facility or [outpatient
treatment] program provider also shall file a final report with the
court stating the reason for the proposed discharge under this chapter and
including a list of the types and dosages of medications prescribed for the
defendant while the defendant was in the facility or participating in the [outpatient
treatment] program. To enable any objection to the findings of the
report to be made in a timely manner under Article 46B.084(a-1), the court
shall provide copies of the report to the attorney representing the
defendant and the attorney representing the state.
(d) If the head of the
facility or [outpatient treatment] program provider notifies the
court that the initial restoration period is about to expire, the notice
may contain a request for an extension of the period for an additional
period of 60 days and an explanation for the basis of the request. An
explanation provided under this subsection must include a description of
any evidence indicating a reduction in the severity of the defendant's
symptoms or impairment.
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SECTION 21. Article 46B.079,
Code of Criminal Procedure, is amended to read as follows:
Art. 46B.079. NOTICE AND
REPORT TO COURT. (a) The head of the facility, the provider of the
jail-based competency restoration program, or the provider of the
outpatient competency restoration
[treatment] program, as appropriate, not later than the 15th day
before the date on which the initial restoration period is to expire
according to the terms of the order or under Article 46B.0095 or other
applicable provisions of this chapter, shall notify the applicable court
that the period is about to expire.
(b) The head of the facility or jail-based competency restoration
[or outpatient treatment]
program
provider shall promptly notify the court when the head of the
facility or [outpatient treatment] program provider believes that:
(1) the defendant can be safely transferred to a competency
restoration program for education services but has not attained
competency to stand trial;
(2) the defendant has
attained competency to stand trial; or
(3) [(2)] the
defendant is not likely to attain competency in the foreseeable future.
(b-1) The outpatient competency restoration program provider
shall promptly notify the court when the program provider believes that:
(1) the defendant has attained competency to stand trial; or
(2) the defendant is not likely to attain competency in the
foreseeable future.
(c) When the head of the
facility or [outpatient treatment] program provider gives notice to
the court under Subsection (a), [or]
(b), or (b-1),
the head of the facility or [outpatient
treatment] program provider also shall file a final report with the
court stating the reason for the proposed discharge under this chapter and
including a list of the types and dosages of medications prescribed for the
defendant while the defendant was in the facility or participating in the [outpatient
treatment] program. To enable any objection to the findings of the
report to be made in a timely manner under Article 46B.084(a-1), the court
shall provide copies of the report to the attorney representing the
defendant and the attorney representing the state.
(d) If the head of the
facility or [outpatient treatment] program provider notifies the
court that the initial restoration period is about to expire, the notice
may contain a request for an extension of the period for an additional
period of 60 days and an explanation for the basis of the request. An
explanation provided under this subsection must include a description of
any evidence indicating a reduction in the severity of the defendant's
symptoms or impairment.
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SECTION 21. Article
46B.080(a), Code of Criminal Procedure, is amended.
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SECTION 22. Same as
introduced version.
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SECTION 22. Article 46B.081,
Code of Criminal Procedure, is amended to read as follows:
Art. 46B.081. RETURN TO
COURT. Subject to Article 46B.082(b), a defendant committed or released on
bail under this subchapter shall be returned to the applicable court as
soon as practicable after notice to the court is provided under Article 46B.079(a), (b)(2), or (b)(3) [46B.079],
but not later than the date of expiration of the period for restoration
specified by the court under Article 46B.0711, 46B.072, or
46B.073.
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SECTION 23. Article 46B.081,
Code of Criminal Procedure, is amended to read as follows:
Art. 46B.081. RETURN TO
COURT. Subject to Article 46B.082(b), a defendant committed or released on
bail under this subchapter shall be returned to the applicable court as
soon as practicable after notice to the court is provided under Article 46B.079(a), (b)(2), (b)(3), or (b-1) [46B.079], but not later than
the date of expiration of the period for restoration specified by the court
under Article 46B.0711, 46B.072, or 46B.073.
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SECTION 23. The heading to
Article 46B.082, Code of Criminal Procedure, is amended.
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SECTION 24. Same as
introduced version.
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SECTION 24. Article
46B.082(b), Code of Criminal Procedure, is amended to read as follows:
(b) If before the 15th day
after the date on which the court received notification under Article 46B.079(a), (b)(2), or (b)(3), [46B.079] a defendant committed
to a facility or jail-based program or ordered to participate in an
outpatient [treatment]
program has not been transported to the court that issued the order under
Article 46B.0711, 46B.072, or 46B.073, as applicable, the
head of the
facility or provider of the
jail-based program to which the defendant is committed or the provider
of the outpatient [treatment]
program in which the defendant is participating shall cause the defendant
to be promptly transported to the court and placed in the custody of the
sheriff of the county in which the court is located. The
county in which the court is
located shall reimburse the Department
of State Health Services or the Health and Human [Department
of Aging and Disability] Services Commission, as appropriate,
for the mileage and per diem expenses of the personnel required to
transport the defendant, calculated in accordance with rates provided in
the General Appropriations Act for state employees.
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SECTION 25. Article
46B.082(b), Code of Criminal Procedure, is amended to read as follows:
(b) If before the 15th day
after the date on which the court received notification under Article 46B.079(a), (b)(2), (b)(3), or (b-1) [46B.079] a defendant committed
to a facility or jail-based competency restoration program or
ordered to participate in an outpatient competency
restoration [treatment] program has not been transported
to the court that issued the order under Article 46B.0711, 46B.072,
or 46B.073, as applicable, the head of the facility or provider of the
jail-based competency restoration program to which the defendant is
committed or the provider of the outpatient competency restoration [treatment] program in
which the defendant is participating shall cause the defendant to be
promptly transported to the court and placed in the custody of the sheriff
of the county in which the court is located. The county in which the court
is located shall reimburse [the
Department of State Health Services or] the Health and Human
[Department of Aging and Disability] Services Commission or program provider,
as appropriate, for the
mileage and per diem expenses of the personnel required to transport the
defendant, calculated in accordance with rates provided in the General
Appropriations Act for state employees.
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SECTION 25. Subchapter D,
Chapter 46B, Code of Criminal Procedure, is amended by adding Articles
46B.0825 and 46B.0826 to read as follows:
Art. 46B.0825. DISCHARGE
AND TRANSPORTATION OF DEFENDANT AFTER PSYCHIATRIC STABILIZATION. (a) As
soon as practicable after receiving a copy of an order under Article
46B.073(f)(2), the applicable facility shall discharge the defendant into
the care of the sheriff of the county in which the court is located, and
the sheriff or the sheriff's designee shall
transport the defendant to the jail-based restoration of competency program
or outpatient competency restoration education
program, as appropriate.
(b) A jail-based
restoration of competency program or outpatient competency restoration education program that receives a
defendant under this article shall give to the court:
(1) notice regarding the
defendant's entry into the program for purposes of receiving competency
restoration education services; and
(2) subsequent notice as
otherwise required under Article 46B.079.
Art. 46B.0826.
ADMINISTRATION OF MEDICATION WHILE IN CUSTODY OF SHERIFF. A sheriff or other person having custody of a
defendant for transportation as required by Article 46B.075, 46B.082, or
46B.0825 shall, according to information available at the time and unless
directed otherwise by a physician treating the defendant, ensure that the
defendant is provided with the types and dosages of medication prescribed
for the defendant.
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SECTION 26. Subchapter D,
Chapter 46B, Code of Criminal Procedure, is amended by adding Articles
46B.0825 and 46B.0826 to read as follows:
Art. 46B.0825. DISCHARGE
AND TRANSPORTATION OF DEFENDANT FOR COMPETENCY RESTORATION EDUCATION
SERVICES. (a) As soon as practicable but
not later than 10 days after receiving a copy of an order under
Article 46B.073(f)(2), the applicable facility shall discharge the
defendant into the care of the sheriff of the county in which the court is
located.
The sheriff shall
transport the defendant to the jail-based competency restoration program or
outpatient competency restoration program, as appropriate.
(b) A jail-based
competency restoration program or outpatient competency restoration program
that receives a defendant under this article shall give to the court:
(1) notice regarding the
defendant's entry into the program for purposes of receiving competency
restoration education services; and
(2) subsequent notice as
otherwise required under Article 46B.079.
Art. 46B.0826.
ADMINISTRATION OF MEDICATION WHILE IN CUSTODY OF SHERIFF. A sheriff having
custody of a defendant for
transportation as required by Article 46B.075, 46B.082, or 46B.0825 shall,
according to information available at the time and unless directed
otherwise by a physician treating the defendant, ensure that the defendant
is provided with the types and dosages of medication prescribed for the
defendant.
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SECTION 26. Article 46B.083,
Code of Criminal Procedure, is amended to read as follows:
Art. 46B.083. SUPPORTING
COMMITMENT INFORMATION PROVIDED BY FACILITY [HEAD] OR [OUTPATIENT
TREATMENT] PROGRAM [PROVIDER]. (a) If the head of the facility,
the jail-based restoration of competency program provider, or the
outpatient [treatment]
program provider believes
that the defendant is a person with mental illness and meets the criteria
for court-ordered mental health services under Subtitle C, Title 7, Health
and Safety Code, the head of the facility or the [outpatient treatment]
program provider shall have submitted to the court a certificate of medical
examination for mental illness.
(b) If the head of the
facility, the jail-based restoration of competency program provider,
or the outpatient [treatment] program provider believes that the
defendant is a person with an intellectual disability, the head of the
facility or the [outpatient treatment] program provider shall have
submitted to the court an affidavit stating the conclusions reached as a
result of the examination.
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SECTION 27. Article 46B.083,
Code of Criminal Procedure, is amended to read as follows:
Art. 46B.083. SUPPORTING
COMMITMENT INFORMATION PROVIDED BY FACILITY [HEAD] OR [OUTPATIENT
TREATMENT] PROGRAM [PROVIDER]. (a) If the head of the facility,
the jail-based competency restoration program provider, or the
outpatient competency restoration
[treatment]
program provider believes
that the defendant is a person with mental illness and meets the criteria
for court-ordered mental health services under Subtitle C, Title 7, Health
and Safety Code, the head of the facility or the [outpatient treatment]
program provider shall have submitted to the court a certificate of medical
examination for mental illness.
(b) If the head of the
facility, the jail-based competency restoration program provider, or
the outpatient competency restoration
[treatment] program provider believes that the defendant is a person
with an intellectual disability, the head of the facility or the [outpatient
treatment] program provider shall have submitted to the court an
affidavit stating the conclusions reached as a result of the examination.
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|
SECTION 27. Articles
46B.086(a), (b), (c), and (d), Code of Criminal Procedure, are amended to
read as follows:
(a) This article applies
only to a defendant:
(1) who is determined under
this chapter to be incompetent to stand trial;
(2) who either:
(A) remains confined in a
correctional facility, as defined by Section 1.07, Penal Code, for a period
exceeding 72 hours while awaiting transfer to an inpatient mental health
facility, a residential care facility, a jail-based restoration of
competency program, or an outpatient [treatment] program;
(B) is committed to an
inpatient mental health facility, [or] a residential care
facility, or a jail-based restoration of competency program for the
purpose of competency restoration;
(C) is confined in a
correctional facility while awaiting further criminal proceedings following
competency restoration treatment;
(D) is subject to Article
46B.0711, if the court has made the determinations required by Subsection
(a) of that article; or
(E) [(D)] is
subject to Article 46B.072, if the court has made the determinations
required by Subsection (a-1) of that article;
(3) for whom a correctional
facility that employs or contracts with a licensed psychiatrist, an
inpatient mental health facility, a residential care facility, a jail-based restoration of competency program,
or an outpatient [treatment] program provider has prepared a
continuity of care plan that requires the defendant to take psychoactive
medications; and
(4) who, after a hearing
held under Section 574.106 or 592.156, Health and Safety Code, if
applicable, has been found to not meet the criteria prescribed by Sections
574.106(a) and (a-1) or 592.156(a) and (b), Health and Safety Code, for
court-ordered administration of psychoactive medications.
(b) If a defendant described
by Subsection (a) refuses to take psychoactive medications as required by
the defendant's continuity of care plan, the director of the [correctional]
facility or [outpatient treatment] program provider, as applicable,
shall notify the court in which the criminal proceedings are pending of
that fact not later than the end of the next business day following the
refusal. The court shall promptly notify the attorney representing the
state and the attorney representing the defendant of the defendant's
refusal. The attorney representing the state may file a written motion to
compel medication. The motion to compel medication must be filed not later
than the 15th day after the date a judge issues an order stating that the
defendant does not meet the criteria for court-ordered administration of
psychoactive medications under Section 574.106 or 592.156, Health and
Safety Code, except that, for a defendant in an outpatient [treatment]
program, the motion may be filed at any time.
(c) The court, after notice
and after a hearing held not later than the 10th day after the motion to
compel medication is filed, may authorize the director of the [correctional]
facility or the program provider, as applicable, to have the medication
administered to the defendant, by reasonable force if necessary. A hearing
under this subsection may be conducted using an electronic broadcast system
as provided by Article 46B.013.
(d) The court may issue an
order under this article only if the order is supported by the testimony of
two physicians, one of whom is the physician at or with the applicable [correctional]
facility or [outpatient treatment] program who is prescribing the
medication as a component of the defendant's continuity of care plan and
another who is not otherwise involved in proceedings against the
defendant. The court may require either or both physicians to examine the
defendant and report on the examination to the court.
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SECTION 28. Articles
46B.086(a), (b), (c), and (d), Code of Criminal Procedure, are amended to
read as follows:
(a) This article applies
only to a defendant:
(1) who is determined under
this chapter to be incompetent to stand trial;
(2) who either:
(A) remains confined in a
correctional facility, as defined by Section 1.07, Penal Code, for a period
exceeding 72 hours while awaiting transfer to an inpatient mental health
facility, a residential care facility, a jail-based competency
restoration program, or an outpatient competency
restoration [treatment] program;
(B) is committed to an
inpatient mental health facility, [or] a residential care
facility, or a jail-based competency restoration program for the
purpose of competency restoration;
(C) is confined in a
correctional facility while awaiting further criminal proceedings following
competency restoration [treatment];
(D) is subject to Article
46B.0711, if the court has made the determinations required by Subsection
(b) of that article; or
(E) [(D)] is
subject to Article 46B.072, if the court has made the determinations
required by Subsection (a-1) of that article;
(3) for whom a correctional
facility or jail-based competency
restoration program
that employs or contracts
with a licensed psychiatrist, an inpatient mental health facility, a
residential care facility, or an outpatient competency restoration [treatment] program
provider has prepared a continuity of care plan that requires the defendant
to take psychoactive medications; and
(4) who, after a hearing
held under Section 574.106 or 592.156, Health and Safety Code, if
applicable, has been found to not meet the criteria prescribed by Sections
574.106(a) and (a-1) or 592.156(a) and (b), Health and Safety Code, for
court-ordered administration of psychoactive medications.
(b) If a defendant described
by Subsection (a) refuses to take psychoactive medications as required by
the defendant's continuity of care plan, the director of the [correctional]
facility or [outpatient treatment] program provider, as applicable,
shall notify the court in which the criminal proceedings are pending of
that fact not later than the end of the next business day following the
refusal. The court shall promptly notify the attorney representing the
state and the attorney representing the defendant of the defendant's
refusal. The attorney representing the state may file a written motion to
compel medication. The motion to compel medication must be filed not later
than the 15th day after the date a judge issues an order stating that the defendant
does not meet the criteria for court-ordered administration of psychoactive
medications under Section 574.106 or 592.156, Health and Safety Code,
except that, for a defendant in an outpatient competency restoration [treatment] program,
the motion may be filed at any time.
(c) Same as introduced
version.
(d) Same as introduced
version.
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|
SECTION 28. The heading to
Article 46B.090, Code of Criminal Procedure, is amended.
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SECTION 29. Substantially the
same as the introduced version.
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|
SECTION 29. Articles
46B.090(a), (a-1), (b), (c), (f), (g), (i), (j), (k), (l), and (m), Code of
Criminal Procedure, are amended to read as follows:
(a) In this article:
(1)
"Commission" [, "department"] means the Health
and Human Services Commission [Department of State Health Services].
(2) "Executive
commissioner" means the executive commissioner of the Health and Human
Services Commission.
(a-1) The commission may
[If the legislature appropriates to the department the funding necessary
for the department to operate a jail-based restoration of competency pilot
program as described by this article, the department shall] develop and
implement a jail-based restoration of
competency [the pilot]
program in any county
[one or two counties] in this state that chooses [choose]
to participate in the [pilot] program. In developing the [pilot]
program, the commission [department] shall coordinate and
allow for input from a [each] participating county.
(b) The commission [department]
shall contract with a provider of jail-based competency restoration
services to provide services under a [the pilot] program implemented
[if the department develops a pilot program] under this article. The
commission may contract with a different provider for each program.
(c) The executive [Not
later than November 1, 2013, the] commissioner [of the department]
shall adopt rules as necessary to implement a [the pilot]
program[. In adopting rules] under this article, including rules
that [the commissioner shall] specify the types of information
the commission [department] must collect [during the
operation of the pilot program] for use in evaluating a [the
outcome of the pilot] program.
(f) To contract with the commission
[department] under Subsection (b), a provider of jail-based
competency restoration services must demonstrate to the commission [department]
that:
(1) the provider:
(A) has previously provided
jail-based competency restoration services for one or more years and is
certified by a nationwide nonprofit organization that accredits behavioral
health care organizations and programs; [or]
(B) is a local mental health
authority in good standing with the commission [that has previously provided competency
restoration services]; or
(C) operates under a contract with a local mental health authority
in good standing with the commission; and
(2) the provider's
jail-based restoration of competency [restoration] program:
(A) provides clinical treatment and competency
restoration through the use of [uses] a multidisciplinary
treatment team [to provide clinical treatment that is:
[(i)
directed toward the specific objective of restoring the defendant's
competency to stand trial; and
[(ii)
similar to the clinical treatment provided as part of a competency restoration
program at an inpatient mental health facility];
(B) employs or contracts for
the services of at least one psychiatrist or
psychologist;
(C) provides jail-based
competency restoration services through trained
and experienced staff [assigns staff members to defendants
participating in the program at an average ratio not lower than 3.7 to 1];
[and]
(D)
ensures the safety of participants [provides weekly treatment
hours commensurate to the treatment hours provided as part of a competency
restoration program at an inpatient mental health facility];
(E) operates in the jail
in a designated space that is separate from the space used for the general
population of the jail;
(F) provides general health care,
mental health treatment,
and substance use disorder treatment to participants, as necessary, for restoration
of competency; and
(G) supplies clinically
appropriate psychoactive medications for purposes of administering
court-ordered medication to participants as applicable and in accordance
with Article 46B.086 of this code and Section 574.106, Health and Safety
Code
[(3) the provider is
certified by a nationwide nonprofit organization that accredits health care
organizations and programs, such as the Joint Commission on Health Care
Staffing Services, or the provider is a local mental health authority in
good standing with the department; and
[(4) the provider has a
demonstrated history of successful jail-based competency restoration
outcomes or, if the provider is a local mental health authority, a
demonstrated history of successful competency restoration outcomes].
(g) A contract under
Subsection (b) must require a [the] designated provider to
collect and submit to the commission [department] the information
specified by rules adopted under Subsection (c).
(i) The 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 begins to participate in the [pilot]
program. The psychiatrist or psychologist shall submit to the court
a report concerning each evaluation required under this subsection.
(j) If at any time during a
defendant's participation in a [the jail-based restoration of
competency pilot] 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).
(k) If at any time during a
defendant's participation in a [the jail-based restoration of
competency pilot] 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.
(l) If the psychiatrist or
psychologist for the provider determines that a defendant ordered to
participate in a [the pilot] program implemented under
this article has not been restored to competency by the end of the 60th
day after the date the defendant began to participate in the [pilot]
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
Article 46B.073(b-1), 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.
(m) 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 [the pilot]
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.
No
equivalent provision.
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SECTION 30. Article 46B.090,
Code of Criminal Procedure, is amended by amending Subsections (a), (a-1),
(b), (c), (f), (g), (i), (j), (k), (l), and (m) and adding Subsection (p)
to read as follows:
(a) Same as introduced
version.
(a-1) The commission may
[If the legislature appropriates to the department the funding necessary
for the department to operate a jail-based restoration of competency pilot
program as described by this article, the department shall] develop and
implement a jail-based competency
restoration [the pilot]
program in any county
[one or two counties] in this state that chooses [choose]
to participate in the [pilot] program. In developing the [pilot]
program, the commission [department] shall coordinate and
allow for input from a [each] participating county.
(b) Same as introduced
version.
(c) Same as introduced
version.
(f) To contract with the commission
[department] under Subsection (b), a provider of jail-based
competency restoration services must demonstrate to the commission [department]
that:
(1) the provider:
(A) has previously provided
jail-based competency restoration services for one or more years and is
certified by a nationwide nonprofit organization that accredits behavioral
health care organizations and programs; or
(B) is a local mental health
authority or local behavioral health
authority in good standing with the commission, which may include an authority that
subcontracts with a provider of jail-based [that has previously provided]
competency restoration services that is in good standing with the
commission; and
(2) the provider's
jail-based competency restoration program:
(A) provides competency
restoration through the use of [uses] a multidisciplinary
treatment team [to provide clinical treatment] that is:
(i)
directed toward the specific objective of restoring the defendant's
competency to stand trial; and
(ii)
similar to other [the clinical treatment provided as part
of a] competency restoration programs
[program at an inpatient mental health facility];
(B) employs or contracts for
the services of at least one psychiatrist;
(C) provides jail-based
competency restoration services through licensed
or qualified mental health professionals [assigns staff
members to defendants participating in the program at an average ratio not
lower than 3.7 to 1]; [and]
(D)
provides weekly competency restoration [treatment] hours
commensurate to the [treatment] hours provided as part of a
competency restoration program at an inpatient mental health facility;
(E) operates in the jail
in a designated space that is separate from the space used for the general
population of the jail;
(F) ensures coordination of general health
care;
(G) provides mental
health treatment and substance use disorder treatment to participants, as
necessary, for competency restoration; and
(H) supplies clinically
appropriate psychoactive medications for purposes of administering
court-ordered medication to participants as applicable and in accordance
with Article 46B.086 of this code and Section 574.106, Health and Safety
Code
[(3) the provider is
certified by a nationwide nonprofit organization that accredits health care
organizations and programs, such as the Joint Commission on Health Care
Staffing Services, or the provider is a local mental health authority in
good standing with the department; and
[(4) the provider has a
demonstrated history of successful jail-based competency restoration
outcomes or, if the provider is a local mental health authority, a
demonstrated history of successful competency restoration outcomes].
(g) Same as introduced
version.
(i) Same as introduced
version.
(j) Same as introduced
version.
(k) Same as introduced
version.
(l) If the psychiatrist or
psychologist for the provider determines that a defendant ordered to
participate in a [the pilot] program implemented under
this article has not been restored to competency by the end of the 60th
day after the date the defendant began to participate in the [pilot]
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 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.
(m) Same as introduced
version.
(p) This article does not
affect the responsibility of a county to provide the same basic care to a
participant as is provided to other inmates of the jail in which the
participant is located.
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SECTION 30. Subchapter C,
Chapter 72, Government Code, is amended.
|
SECTION 31. Same as
introduced version.
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|
SECTION 31. Chapter 121,
Government Code, is amended.
|
SECTION 32. Same as
introduced version.
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|
SECTION 32. Subchapter B,
Chapter 531, Government Code, is amended by adding Section 531.0993 to read
as follows:
Sec. 531.0993. GRANT
PROGRAM TO REDUCE RECIDIVISM, ARREST, AND INCARCERATION AMONG INDIVIDUALS
WITH MENTAL ILLNESS AND TO REDUCE WAIT TIME FOR FORENSIC COMMITMENT.
(a) For purposes of this
section, "low-income household" means a household with a total
income at or below 200 percent of the federal poverty guideline.
(b) The commission shall
establish a program to award
grants to county-based community collaboratives for the purposes of
reducing:
(1) recidivism by, the
frequency of arrests of, and incarceration of persons with mental illness;
and
(2) the total waiting
time for forensic commitment of persons with mental illness to a state
hospital.
(c) A community
collaborative may petition the commission for a grant under the program
only if the collaborative includes a county, a local mental health
authority that operates in the county, and each hospital district, if any,
located in the county. A community collaborative may include other local
entities designated by the collaborative's members.
(d) The commission shall
condition each grant awarded to a
community collaborative under this section on the collaborative providing
matching funds from non-state sources in a total amount at least equal to
the awarded grant amount. To raise
matching funds, a collaborative may seek and receive gifts, grants, or
donations from any person.
(e) For each state fiscal
year for which a community collaborative seeks a grant, the collaborative
must submit a petition to the commission not later than the first day of that fiscal year. The
community collaborative must include with a petition:
(1) a statement
indicating the amount of matching funds the collaborative is able to
provide; and
(2) a plan that:
(A) is endorsed by each
of the collaborative's member entities;
(B) identifies a target
population;
(C) describes how the
grant money and matching funds will be used;
(D) includes outcome
measures to evaluate the success of the plan; and
(E) describes how the
success of the plan in accordance with the outcome measures would further
the state's interest in the grant program's purposes.
(f) The commission must
review and approve plans
submitted with a petition under Subsection (e) before the commission awards a grant under this section. If the commission determines that a plan
includes insufficient outcome measures, the commission may make the
necessary changes to the plan to establish appropriate outcome measures.
The commission may not make other changes to a plan.
(g) For each petition
timely submitted and containing the statement and plan required by
Subsection (e), the commission shall estimate the number of cases of
serious mental illness in low-income households located in the county
included in the community collaborative that submitted the petition.
(h) For each state fiscal
year, the commission shall determine an amount of grant money available for
the program on a per-case basis by dividing the total amount of money
appropriated to the commission for the purpose of awarding grants under this section for that fiscal year
by the total number of the cases estimated under Subsection (g) for all
collaboratives to which the commission intends to award grants under this section.
(i) The commission shall
make available to a community collaborative awarded
a grant under this section a grant in an amount equal to the lesser of:
(1) the amount determined
by multiplying the per-case amount determined under Subsection (h) by the
number of cases of serious mental illness in low-income households
estimated for that collaborative under Subsection (g); or
(2) the collaborative's
available matching funds.
(j) Acceptable uses for
the grant money and matching funds include:
(1) the continuation of a
mental health jail diversion program;
(2) the establishment or
expansion of a mental health jail diversion program;
(3) the establishment of
alternatives to competency restoration in a state hospital, including
outpatient competency restoration, inpatient competency restoration in a
setting other than a state hospital, or jail-based competency restoration;
(4) the provision of
assertive community treatment or forensic assertive community treatment
with an outreach component;
(5) the provision of
intensive mental health services and substance abuse treatment not readily
available in the county;
(6) the provision of
continuity of care services for an individual being released from a state
hospital;
(7) the establishment of
interdisciplinary rapid response teams to reduce law enforcement's
involvement with mental health emergencies; and
(8) the provision of
local community hospital, crisis, respite, or residential beds.
(k) Not later than the
90th day after the last day of the state fiscal year for which the
commission distributes a grant under this section, each community
collaborative that receives a grant shall prepare and submit a report
describing the effect of the grant money and matching funds in achieving
the standard defined by the outcome measures in the plan submitted under
Subsection (e).
(l) The commission may
make inspections of the operation and provision of mental health services
provided by a community collaborative to ensure state money appropriated
for the grant program is used effectively.
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SECTION 33. Subchapter B,
Chapter 531, Government Code, is amended by adding Section 531.0993 to read
as follows:
Sec. 531.0993. GRANT
PROGRAM TO REDUCE RECIDIVISM, ARREST, AND INCARCERATION AMONG INDIVIDUALS
WITH MENTAL ILLNESS AND TO REDUCE WAIT TIME FOR FORENSIC COMMITMENT.
(a) Same as introduced
version.
(b) The commission shall
establish a program to provide
grants to county-based community collaboratives for the purposes of
reducing:
(1) recidivism by, the
frequency of arrests of, and incarceration of persons with mental illness;
and
(2) the total waiting
time for forensic commitment of persons with mental illness to a state
hospital.
(c) Same as introduced
version.
(d) The commission shall
condition each grant provided to
a community collaborative under this section on the collaborative providing
matching funds from non-state sources in a total amount at least equal to
the provided grant amount. To
raise matching funds, a collaborative may seek and receive gifts, grants, or
donations from any person.
(e) For each state fiscal
year for which a community collaborative seeks a grant, the collaborative
must submit a petition to the commission not later than the 30th day of that fiscal year. The
community collaborative must include with a petition:
(1) a statement
indicating the amount of matching funds the collaborative is able to
provide; and
(2) a plan that:
(A) is endorsed by each
of the collaborative's member entities;
(B) identifies a target
population;
(C) describes how the
grant money and matching funds will be used;
(D) includes outcome
measures to evaluate the success of the plan; and
(E) describes how the
success of the plan in accordance with the outcome measures would further
the state's interest in the grant program's purposes.
(f) The commission must
review plans submitted with a petition under Subsection (e) before the
commission provides a grant under
this section.
The commission must fulfill the commission's requirements under
this subsection not later than the 60th day of each fiscal year.
(g) For each petition
timely submitted and containing the statement and plan required by
Subsection (e), the commission shall estimate the number of cases of
serious mental illness in low-income households located in the county
included in the community collaborative that submitted the petition. The commission must fulfill the commission's
requirements under this subsection not later than the 60th day of each
fiscal year.
(h) For each state fiscal
year, the commission shall determine an amount of grant money available for
the program on a per-case basis by dividing the total amount of money
appropriated to the commission for the purpose of providing grants under this section for that fiscal year
by the total number of the cases estimated under Subsection (g) for all
collaboratives to which the commission intends to provide grants under this section. The commission must fulfill the commission's
requirements under this subsection not later than the 60th day of each
fiscal year.
(i) Not later than the 90th day of each fiscal
year, the commission shall make available to a community
collaborative receiving a grant
under this section a grant in an amount equal to the lesser of:
(1) the amount determined
by multiplying the per-case amount determined under Subsection (h) by the
number of cases of serious mental illness in low-income households
estimated for that collaborative under Subsection (g); or
(2) the collaborative's
available matching funds.
(j) Same as introduced
version.
(k) Same as introduced
version.
(l) Same as introduced
version.
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SECTION 33. Section
614.0032(b), Health and Safety Code, is amended to read as follows:
(b) The office shall:
(1)
with the special assistance of committee members appointed under Section
614.002(b)(1):
(A)
review examinations to determine the competency of defendants in criminal
cases to stand trial and examinations to determine the fitness of children
to proceed with respect to adjudications of delinquent conduct or conduct
indicating a need for supervision; and
(B)
periodically report to the legislature and the court of criminal appeals
findings made as a result of the review described by Paragraph (A);
[and]
(2) approve and make
generally available in electronic format a standard form for use by experts
in reporting competency examination results under Chapter 46B, Code of
Criminal Procedure; and
(3) approve and make
generally available in electronic format a standard form for use by experts
in reporting mental health assessment results under Article 16.22, Code of
Criminal Procedure.
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SECTION 34. Section
614.0032(b), Health and Safety Code, is amended to read as follows:
(b) The office shall:
(1)
[with the special assistance of committee members appointed under
Section 614.002(b)(1):
[(A)
review examinations to determine the competency of defendants in criminal
cases to stand trial and examinations to determine the fitness of children
to proceed with respect to adjudications of delinquent conduct or conduct
indicating a need for supervision; and
[(B)
periodically report to the legislature and the court of criminal appeals
findings made as a result of the review described by Paragraph (A);
and
[(2)] approve and
make generally available in electronic format a standard form for use by
experts in reporting competency examination results under Chapter 46B, Code
of Criminal Procedure; and
(2) approve and make
generally available in electronic format a standard form for use by experts
in reporting mental health assessment results under Article 16.22, Code of
Criminal Procedure.
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SECTION 34. Subchapter B,
Chapter 32, Human Resources Code, is amended by adding Section 32.0266 to
read as follows:
Sec. 32.0266. SUSPENSION
AND AUTOMATIC REINSTATEMENT OF ELIGIBILITY FOR CERTAIN INMATES. (a) In
this section, "department" means the Texas Department of Criminal
Justice.
(b) The eligibility for
medical assistance of an inmate in the custody of the department is
suspended during the period of custody if the inmate is determined by a
physician to be a person with mental illness.
(c) An inmate whose
eligibility for medical assistance is suspended under this section is
automatically reinstated on the date the individual is released from the
custody of the department. Following the reinstatement, the individual
whose eligibility was suspended while an inmate in the custody of the
department remains eligible until the expiration of the period of months
for which the individual was certified as eligible, excluding the period
during which the individual's eligibility was suspended.
(d) The executive
commissioner and the department by rule shall adopt a memorandum of
understanding that establishes the respective responsibilities of the commission
and the department to ensure the suspension and automatic reinstatement of
the eligibility of an individual for medical assistance under this
section. The memorandum of understanding must establish methods for:
(1) identifying inmates
in the custody of the department who have mental illness and who are
eligible for medical assistance; and
(2) coordinating the
period of an inmate's incarceration with the period of the inmate's
suspension of eligibility for medical assistance under this section to ensure
suspension under this section begins on the date the department's custody
of the individual begins, and reinstatement under this section occurs on
the date the individual is released from the department's custody.
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No
equivalent provision.
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SECTION 35. Articles
46B.090(h), (n), and (o), Code of Criminal Procedure, are repealed.
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SECTION 35. The following
provisions are repealed:
(1)
Article 46B.026(c), Code of Criminal Procedure;
(2) Articles 46B.090(h),
(n), and (o), Code of Criminal Procedure; and
(3)
Section 614.0032(c), Health and Safety Code.
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No
equivalent provision.
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SECTION 36. Not later than
November 1, 2017, the executive commissioner of the Health and Human
Services Commission shall adopt the rules described by Article 46B.090(c),
Code of Criminal Procedure, as amended by this Act.
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SECTION 36. Except as
otherwise provided by this Act, the changes in law made by this Act apply
only to a defendant charged with an offense committed on or after the
effective date of this Act. A defendant charged with an offense committed
before the effective date of this Act is governed by the law in effect on
the date the offense was committed, and the former law is continued in
effect for that purpose. For purposes of this section, an offense was
committed before the effective date of this Act if any element of the
offense occurred before that date.
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SECTION 37. Same as
introduced version.
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SECTION 37. The change in
law made by this Act in adding Section 32.0266, Human Resources Code,
applies only to an individual who is released from a facility or other
setting described by that section on or after the effective date of this
Act, regardless of the date the individual was:
(1) confined in a facility
or other setting described by Section 32.0266; or
(2) determined eligible for
medical assistance under Chapter 32, Human Resources Code.
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No
equivalent provision.
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SECTION 38. If before
implementing any provision of Section 32.0266, Human Resources Code, as
added by this Act, a state agency determines that a waiver or authorization
from a federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the waiver or
authorization is granted.
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No
equivalent provision.
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SECTION 39. This Act takes
effect September 1, 2017.
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SECTION 38. Same as
introduced version.
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