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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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No
equivalent provision.
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SECTION 1. 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 receiving credible information that may establish
reasonable cause to believe that 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 shall provide written or electronic notice of the information to
the magistrate. 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 intellectual and developmental disability [mental retardation]
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 information obtained from any previous
assessment of the defendant; and
(B) provide to the
magistrate a written assessment of the information collected under
Paragraph (A).
(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 intellectual and developmental disability [mental
retardation] 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 mental health facility
determined to be appropriate by the local mental health or intellectual
and developmental disability [mental retardation] authority for
a reasonable period not to exceed 21 days. The magistrate may order a
defendant to a facility operated by the Department of State Health Services
or the Health and Human Services Commission [Department of Aging
and Disability Services] for examination only on request of the local
mental health or intellectual and developmental disability [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 Health and Human Services
Commission [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 shall reimburse the 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) A written assessment of
the information collected under Subsection (a)(1)(A) shall be provided to
the magistrate not later than the 30th day after the date of any order
issued under Subsection (a) 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, 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) recommended treatment.
(c) After the trial court
receives the applicable expert's written assessment relating to the
defendant under Subsection (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;
(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.
(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; or
(2) ordering an examination
regarding the defendant's competency to stand trial.
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No
equivalent provision.
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SECTION 2. Chapter 16, Code
of Criminal Procedure, is amended by adding Article 16.23 to read as
follows:
Art. 16.23. DIVERSION OF
PERSONS SUFFERING MENTAL HEALTH CRISIS OR SUBSTANCE ABUSE ISSUE. Each law
enforcement agency shall make a good faith effort to divert a person
suffering a mental health crisis or suffering from the effects of substance
abuse to a proper treatment center in the agency's jurisdiction if:
(1) it is reasonably
possible to divert the person;
(2) the offense that the
person is accused of is a misdemeanor, other than a misdemeanor involving
violence; and
(3) the mental health
crisis or substance abuse issue is suspected to be the reason the person
committed the alleged offense.
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No
equivalent provision.
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SECTION 3. The heading to
Article 17.032, Code of Criminal Procedure, is amended to read as follows:
Art. 17.032. RELEASE ON
PERSONAL BOND OF CERTAIN [MENTALLY ILL] DEFENDANTS WITH MENTAL
ILLNESS OR INTELLECTUAL DISABILITY.
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No
equivalent provision.
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SECTION 4. Articles 17.032(b)
and (c), Code of Criminal Procedure, are amended to read as follows:
(b) A magistrate shall
release a defendant on personal bond unless good cause is shown otherwise
if the:
(1) defendant is not charged
with and has not been previously convicted of a violent offense;
(2) defendant is examined by
the local mental health or intellectual and developmental disability
[mental retardation] authority or another mental health expert under
Article 16.22 [of this code];
(3) 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 or intellectual disability treatment for the defendant,
as applicable; and
(4) magistrate determines,
in consultation with the local mental health or intellectual and
developmental disability [mental retardation] authority, that
appropriate community-based mental health or intellectual disability
[mental retardation] services for the defendant are available
through the [Texas] Department of State [Mental]
Health Services [and Mental Retardation] under Section
534.053, Health and Safety Code, or through another mental health or intellectual
disability [mental retardation] services provider.
(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 intellectual and developmental disability [mental
retardation] authority 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.
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No
equivalent provision.
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SECTION 5. Chapter 122, Government
Code, is amended by adding Sections 122.005 and 122.006 to read as follows:
Sec. 122.005. FAMILY DRUG
COURT STUDY. (a) Not later than September 1, 2018, the commissioners
court of each county that has not established a family drug court program
shall study the effect the creation of a family drug court would have in
the county. The sheriff and, as applicable, the county attorney, district
attorney, or criminal district attorney shall assist in conducting the
study. The study must analyze the effectiveness of:
(1) creating a court that
specializes in cases in which a parent or person standing in parental
relation suffers from drug addiction; and
(2) case management used
by a family drug court program, including the involvement of Department of
Family and Protective Services caseworkers, court-appointed case managers,
and court-appointed special advocates, to rehabilitate a parent or person
standing in parental relation who has had a child removed from the parent's
or person's care by the department or who is under investigation to
determine if a child should be removed from the care of the parent or
person standing in parental relation by the department.
(b) Each commissioners
court in a county conducting the study required by Subsection (a) shall
request assistance from:
(1) judges located in the
county;
(2) child protective
services caseworkers and supervisors;
(3) attorneys ad litem;
(4) guardians ad litem;
(5) drug treatment
providers;
(6) family and child
therapists;
(7) peer recovery coach
providers;
(8) domestic violence
victim advocates;
(9) housing partners;
(10) drug coordinators;
(11) drug court services
managers; and
(12) drug court case
managers.
(c) This section expires
January 1, 2019.
Sec. 122.006. GRANT FUNDING
FOR FAMILY DRUG COURTS. (a) The family drug court fund is a dedicated
account in the general revenue fund in the state treasury.
(b) The family drug court
fund consists of:
(1) appropriations of
money to the fund by the legislature; and
(2) gifts, grants,
including grants from the federal government, and other donations received
for the fund.
(c) The Health and Human
Services Commission shall administer the family drug court fund. Money in
the account may be used only to pay counties to establish and administer a
family drug court. To receive money from the family drug court fund a
county must submit the study conducted under Section 122.005 on the effect
of the creation of a family drug court in the county and a detailed
proposal of the establishment of the court.
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No
equivalent provision.
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SECTION 6. Section 539.002,
Government Code, is amended to read as follows:
Sec. 539.002. GRANTS FOR
ESTABLISHMENT AND EXPANSION OF COMMUNITY COLLABORATIVES. (a) To the
extent funds are appropriated to the department for that purpose, the
department shall make grants to entities, including local governmental
entities, nonprofit community organizations, and faith-based community
organizations, to establish or expand community collaboratives that bring
the public and private sectors together to provide services to persons
experiencing homelessness, substance abuse issues, and mental
illness. [The department may make a maximum of five grants, which must
be made in the most populous municipalities in this state that are located
in counties with a population of more than one million.] In awarding
grants, the department shall give special consideration to entities:
(1) establishing [a]
new collaboratives; or
(2) establishing or
expanding collaboratives that serve two or more contiguous counties, each
with a population of less than 100,000 [collaborative].
(b) The department shall
require each entity awarded a grant under this section to:
(1) leverage additional
funding from private sources in an amount that is at least equal to the
amount of the grant awarded under this section; [and]
(2) provide evidence of
significant coordination and collaboration between the entity, local mental
health authorities, municipalities, local law enforcement agencies,
and other community stakeholders in establishing or expanding a community
collaborative funded by a grant awarded under this section; and
(3) provide evidence of a
local law enforcement policy to divert appropriate persons from jails or
other detention facilities to an entity affiliated with a community
collaborative for the purpose of providing services to those persons.
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No
equivalent provision.
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SECTION 7. Chapter 539,
Government Code, is amended by adding Section 539.0051 to read as follows:
Sec. 539.0051. PLAN
REQUIRED FOR CERTAIN COMMUNITY COLLABORATIVES. (a) The governing body of
a county shall develop and make public a plan detailing:
(1) how local mental
health authorities, municipalities, local law enforcement agencies, and
other community stakeholders in the county could coordinate to establish or
expand a community collaborative to accomplish the goals of Section
539.002;
(2) how entities in the
county may leverage funding from private sources to accomplish the goals of
Section 539.002 through the formation or expansion of a community
collaborative; and
(3) how the formation or
expansion of a community collaborative could establish or support resources
or services to help local law enforcement agencies to divert persons who
have been arrested to appropriate mental health care or substance abuse
treatment.
(b) The governing body of
a county in which an entity that received a grant under Section 539.002
before September 1, 2017, is located is not required to develop a plan
under Subsection (a).
(c) Two or more
contiguous counties, each with a population of less than 100,000, may form
a joint plan under Subsection (a).
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SECTION 1. Section 571.014,
Health and Safety Code, is amended by amending Subsection (c) to read as
follows:
(c) A person may initially
file a paper with the county clerk by the use of reproduced, photocopied,
or electronically transmitted paper if the person files the original signed copies of the paper
with the clerk not later than the 72nd hour after the hour on which the
initial filing is made. If the 72-hour period ends on a Saturday, Sunday,
or legal holiday, the filing period is extended until 4 p.m. on the first
succeeding business day. If extremely hazardous weather conditions exist
or a disaster occurs, the presiding judge or magistrate may by written
order made each day extend the filing period until 4 p.m. on the first
succeeding business day. The written order must declare that an emergency
exists because of the weather or the occurrence of a disaster. If a person
detained under this subtitle would otherwise be released because the
original signed copy of a paper is not filed within the 72-hour period but
for the extension of the filing period under this section, the person may
be detained until the expiration of the extended filing period. This
subsection does not affect another provision of this subtitle requiring the
release or discharge of a person. If the paper is filed by the use
of reproduced, photocopied, or electronically transmitted paper, the person
shall maintain the original paper and shall provide
it to the parties or the court upon request.
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SECTION 10. Section
571.014(c), Health and Safety Code, is amended to read as follows:
(c) A person may [initially]
file a paper with the county clerk by the use of reproduced, photocopied,
or electronically transmitted paper copies
of [if the person files] the
original signed copies of the paper. A person who files a
reproduced, photocopied, or electronically transmitted paper must maintain possession of the original signed copies of the paper and shall make the original paper available for
inspection on request by the parties or the court [with the
clerk not later than the 72nd hour after the hour on which the initial
filing is made. If the 72-hour period ends on a Saturday, Sunday, or legal
holiday, the filing period is extended until 4 p.m. on the first succeeding
business day. If extremely hazardous weather conditions exist or a
disaster occurs, the presiding judge or magistrate may by written order
made each day extend the filing period until 4 p.m. on the first succeeding
business day. The written order must declare that an emergency exists
because of the weather or the occurrence of a disaster. If a person detained
under this subtitle would otherwise be released because the original signed
copy of a paper is not filed within the 72-hour period but for the
extension of the filing period under this section, the person may be
detained until the expiration of the extended filing period. This
subsection does not affect another provision of this subtitle requiring the
release or discharge of a person].
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SECTION 2. Section 571.013,
Health and Safety Code, is amended to read as follows:
Sec. 571.013. METHOD OF GIVING
NOTICE. Except as otherwise provided by this subtitle, notice required
under this subtitle may be given by
a constable or sheriff
delivering a copy of the notice or document in person or
in another manner directed by
the court that is reasonably calculated to give actual notice.
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SECTION 9. Section 571.013,
Health and Safety Code, is amended to read as follows:
Sec. 571.013. METHOD OF
GIVING NOTICE. Except as otherwise provided by this subtitle, notice
required under this subtitle may be given by:
(1) personal delivery of
[delivering] a copy of the notice or document by a constable or
sheriff of the county; [in
person] or
(2) [in]
another manner directed by the court that is reasonably calculated to give
actual notice.
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No
equivalent provision.
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SECTION 12. Subchapter B,
Chapter 32, Human Resources Code, is amended by adding Section 32.0266 to
read as follows:
Sec. 32.0266. SUSPENSION,
TERMINATION, AND AUTOMATIC REINSTATEMENT OF ELIGIBILITY FOR INDIVIDUALS
CONFINED IN COUNTY JAILS. (a) In this section, "county jail"
means a facility operated by or for a county for the confinement of persons
accused or convicted of an offense.
(b) If an individual is
confined in a county jail because the individual has been charged with but
not convicted of an offense, the commission shall suspend the individual's
eligibility for medical assistance during the period the individual is
confined in the county jail.
(c) If an individual is
confined in a county jail because the individual has been convicted of an offense,
the commission shall, as appropriate:
(1) terminate the
individual's eligibility for medical assistance; or
(2) suspend the
individual's eligibility during the period the individual is confined in
the county jail.
(d) Not later than 48
hours after the commission is notified of the release from a county jail of
an individual whose eligibility for medical assistance has been suspended
under this section, the commission shall reinstate the individual's
eligibility, provided the individual's eligibility certification period has
not elapsed. Following the reinstatement, the individual remains eligible
until the expiration of the period for which the individual was certified
as eligible.
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No
equivalent provision.
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SECTION 13. Subchapter C,
Chapter 351, Local Government Code, is amended by adding Section 351.046 to
read as follows:
Sec. 351.046. NOTICE TO
CERTAIN GOVERNMENTAL ENTITIES. (a) In this section, "medical
assistance benefits" means medical assistance benefits provided under
Chapter 32, Human Resources Code.
(b) The sheriff of a
county may notify the Health and Human Services Commission:
(1) on the confinement in
the county jail of an individual who is receiving medical assistance
benefits; and
(2) on the conviction of
a prisoner who, immediately before the prisoner's confinement in the county
jail, was receiving medical assistance benefits.
(c) If the sheriff of a
county chooses to provide the notices described by Subsection (b), the
sheriff shall provide the notices electronically or by other appropriate
means as soon as possible and not later than the 30th day after the date of
the individual's confinement or prisoner's conviction, as applicable.
(d) The sheriff of a
county may notify:
(1) the United States
Social Security Administration of the release or discharge of a prisoner
who, immediately before the prisoner's confinement in the county jail, was
receiving:
(A) Supplemental Security
Income (SSI) benefits under 42 U.S.C. Section 1381 et seq.; or
(B) Social Security
Disability Insurance (SSDI) benefits under 42 U.S.C. Section 401 et seq.;
and
(2) the Health and Human
Services Commission of the release or discharge of a prisoner who,
immediately before the prisoner's confinement in the county jail, was
receiving medical assistance benefits.
(e) If the sheriff of a
county chooses to provide the notices described by Subsection (d), the
sheriff shall provide the notices electronically or by other appropriate
means not later than 48 hours after the prisoner's release or discharge from
custody.
(f) If the sheriff of a
county chooses to provide the notices described by Subsection (d), at the
time of the prisoner's release or discharge, the sheriff shall provide the
prisoner with a written copy of each applicable notice and a telephone
number at which the prisoner may contact the Health and Human Services
Commission regarding confirmation of or assistance relating to
reinstatement of the individual's eligibility for medical assistance
benefits, if applicable.
(g) The Health and Human Services
Commission shall establish a means by which the sheriff of a county may
determine whether an individual confined in the county jail is or was, as
appropriate, receiving medical assistance benefits for purposes of this
section.
(h) The county or sheriff
is not liable in a civil action for damages resulting from a failure to
comply with this section.
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No
equivalent provision.
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SECTION 14. Section
1701.253(j), Occupations Code, is amended to read as follows:
(j) As part of the minimum
curriculum requirements, the commission shall require an officer to
complete a 40-hour statewide education and training program on
de-escalation and crisis intervention techniques to facilitate interaction
with persons with mental impairments. An officer shall complete the
program not later than the second anniversary of the date the officer is
licensed under this chapter or the date the officer applies for an
intermediate proficiency certificate, whichever date is earlier. An
officer may not satisfy the requirements of this subsection [section]
or Section 1701.402(g) by taking an online course on de-escalation and
crisis intervention techniques to facilitate interaction with persons with
mental impairments.
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SECTION 3. Section 1701.310,
Occupations Code, is amended by amending Subsections (a) to read as
follows:
Sec. 1701.310. APPOINTMENT
OF COUNTY JAILER; TRAINING REQUIRED. (a) Except as provided by Subsection
(e), a person may not be appointed as a county jailer, except on a
temporary basis, unless the person has satisfactorily completed a
preparatory training program which
includes 24 hours of training to facilitate interaction with persons
with mental impairments, as required by the commission, in the
operation of a county jail at a school operated or licensed by the
commission.
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SECTION 15. Section
1701.310(a), Occupations Code, is amended to read as follows:
(a) Except as provided by
Subsection (e), a person may not be appointed as a county jailer, except on
a temporary basis, unless the person has satisfactorily completed a
preparatory training program, as required by the commission, in the
operation of a county jail at a school operated or licensed by the
commission. The preparatory training program must include not fewer than 24 hours of training on de-escalation and crisis intervention
techniques to facilitate interaction with persons with mental
impairments.
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SECTION 4. Section 161.325,
Health and Safety Code, is amended by adding Subsection (b-1) to read as
follows:
(b-1) The program on the
list must include components that provide for training counselors,
teachers, nurses, administrators, and other staff, as well as law
enforcement officers and social workers who regularly interact with
students, to recognize students displaying signs of physical or emotional
trauma.
(1) intervene effectively
with students described by this subdivision by providing notice and
referral to a parent or guardian so appropriate action, such as seeking
mental health or substance abuse services, may be taken by a parent or
guardian.
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No
equivalent provision. (But see Sec. 161.325(b) in SECTION 8
below.)
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SECTION 5. Section 161.325,
Health and Safety Code, is amended by adding Subsections (c-3) and (c-4) to
read as follows:
(See SECTION 4 above.)
(c-3) Each school
district shall report annually to the Texas Education Agency:
(1) the number of
teachers, principals, and counselors employed by the district who have
completed training under this section;
and
(2) the total number of
teachers, principals, and counselors employed by the district.
(c-4) The Texas Education
Agency shall make the information reported under Subsection (c-3) available
to the public on the agency's Internet website.
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SECTION 8. Section 161.325,
Health and Safety Code, is amended by amending Subsection (b) and adding
Subsections (c-3) and (c-4) to read as follows:
(b)
The programs on the list must include components that provide for training
counselors, teachers, nurses, administrators, and other staff, as well as
law enforcement officers and social workers who regularly interact with
students, to:
(1)
recognize students at risk of committing suicide, including students who
are or may be the victims of or who engage in bullying;
(2)
recognize students displaying early warning signs and a possible need for
early mental health or substance abuse intervention, which warning signs
may include declining academic performance, depression, anxiety, isolation,
unexplained changes in sleep or eating habits, and destructive behavior
toward self and others; [and]
(3)
recognize students displaying signs of physical or emotional trauma; and
(4) intervene
effectively with students described by Subdivision (1), [or]
(2), or (3) by providing notice and referral to a parent or guardian
so appropriate action, such as seeking mental health or substance abuse
services, may be taken by a parent or guardian.
(c-3) Each school
district shall report annually to the Texas Education Agency:
(1) the number of
principals, teachers, and counselors employed by the district who have
completed the training provided by the
district under Subsection (c-1); and
(2) the total number of
principals, teachers, and counselors employed by the district.
(c-4) The Texas Education
Agency shall make available to the public on the agency's Internet website
the information reported to the agency under Subsection (c-3).
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SECTION 6. Chapter 571,
Health and Safety Code is amended by adding Articles 571.0161 to read as
follows:
Sec. 571.0161. MENTAL
HEALTH PUBLIC DEFENDER'S OFFICE. (a) A court may with permission of the
commissioners court create a
mental health public defender's office.
A mental health public defender of such office may be appointed
by the court in lieu of a private attorney.
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SECTION 11. Chapter 571,
Health and Safety Code, is amended by adding Sections 571.0168 and 571.0169
to read as follows:
Sec. 571.0168. MENTAL
HEALTH PUBLIC DEFENDER OFFICE. A court, with the permission of the
commissioners court of the county in
which the court is located, may establish
a mental health public defender office to
provide proposed patients with legal representation provided by attorneys
associated with that office.
Sec. 571.0169. REPRESENTATION OF PROPOSED PATIENT.
The court shall appoint an attorney associated with a mental
health public defender office described by Section 571.0168, a public
defender other than a mental health public defender, or a private attorney
to represent a proposed patient in any proceeding under Chapter 574.
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SECTION 7. The following
provision of the Health and Safety Code are repealed:
(1) Article 571.014(d).
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SECTION 16. Section 571.014(d), Health and Safety
Code, is repealed.
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No
equivalent provision.
|
SECTION 17. The changes in
law made by this Act to Article 17.032, Code of Criminal Procedure, apply
only to a personal bond that is executed on or after the effective date of
this Act. A personal bond executed before the effective date of this Act
is governed by the law in effect when the personal bond was executed, and
the former law is continued in effect for that purpose.
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No
equivalent provision.
|
SECTION 18. The Health and
Human Services Commission shall adopt rules establishing the criteria for
awarding a grant to counties to establish a family drug court under Section
122.006, Government Code, as added by this Act, not later than January 1,
2018.
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No
equivalent provision.
|
SECTION 19. Sections
32.0266(b) and (c), Human Resources Code, and Section 351.046(b), Local
Government Code, as added by this Act, apply to an individual whose period
of confinement in a county jail begins on or after the effective date of
this Act, regardless of the date the individual was determined eligible for
medical assistance under Chapter 32, Human Resources Code.
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|
No
equivalent provision.
|
SECTION 20. Section
32.0266(d), Human Resources Code, and Section 351.046(d), Local Government
Code, as added by this Act, apply to the release or discharge of a prisoner
from a county jail that occurs on or after the effective date of this Act,
regardless of the date the prisoner was initially confined in the county
jail.
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|
No
equivalent provision.
|
SECTION 21. If before
implementing any provision of Section 32.0266, Human Resources Code, as
added by this Act, or Section 351.046, Local Government 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.
|
SECTION 22. (a) Not later
than January 1, 2018, the Texas Commission on Law Enforcement shall:
(1) establish or modify
training programs as necessary to comply with Sections 1701.253 and
1701.310, Occupations Code, as amended by this Act; and
(2) make available for
county jailers appointed after September 1, 1979, who did not receive at
least 24 hours of training on de-escalation and crisis intervention
techniques to facilitate interaction with persons with mental impairments
during the preparatory training program required under Section 1701.310,
Occupations Code, as amended by this Act, supplemental training that
contains not fewer than 24 hours of training on de-escalation and crisis
intervention techniques to facilitate interaction with persons with mental
impairments.
(b) Not later than September
1, 2019, each county jailer appointed after September 1, 1979, who did not
receive at least 24 hours of training on de-escalation and crisis
intervention techniques to facilitate interaction with persons with mental
impairments during the preparatory training program required under Section
1701.310, Occupations Code, as amended by this Act, must successfully
complete supplemental training made available by the Texas Commission on
Law Enforcement that contains not fewer than 24 hours of training on
de-escalation and crisis intervention techniques to facilitate interaction
with persons with mental impairments.
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SECTION 8. This Act takes
effect September 1, 2017.
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SECTION 23. Same as
introduced version.
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