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A BILL TO BE ENTITLED
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AN ACT
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relating to a committee formed to adopt a plan to deal with mental |
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illness in the juvenile justice system. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 7, Health and Safety Code, is |
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amended by adding Chapter 581 to read as follows: |
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CHAPTER 581. LOCAL COMMITTEE ON CHILDREN'S MENTAL HEALTH |
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Sec. 581.001. DEFINITIONS. In this chapter: |
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(1) "Child" has the meaning assigned by Section 51.02, |
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Family Code. |
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(2) "Committee" means a local committee on children's |
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mental health formed by a local mental health authority. |
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(3) "Department" means the Department of State Health |
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Services. |
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(4) "Region" means the local service area for which a |
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local mental health authority designated under Section 533.035 is |
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responsible. |
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Sec. 581.002. LOCAL COMMITTEE ON CHILDREN'S MENTAL HEALTH. |
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(a) Each local mental health authority shall form a local committee |
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on children's mental health encompassing the authority's region. |
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(b) The committee shall develop and adopt a plan and submit |
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the plan to the department not later than January 1, 2019. |
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Sec. 581.003. COMPOSITION OF COMMITTEE. The local mental |
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health authority shall appoint the following members to the |
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committee, if present in the region: |
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(1) a county judge or a county commissioner to serve as |
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committee chair; |
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(2) a representative from each sheriff's department; |
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(3) a representative from other law enforcement |
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agencies; |
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(4) a representative from the office of each |
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prosecuting attorney, as that term is defined by Section 51.02, |
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Family Code; |
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(5) a representative from the Department of Family and |
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Protective Services' child protective services division; |
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(6) a representative from each juvenile probation |
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department; |
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(7) a representative from the local mental health |
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authority; |
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(8) a juvenile court judge; |
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(9) a juvenile arraignment magistrate; |
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(10) a representative from a faith-based or nonprofit |
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organization; |
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(11) a representative from a private hospital; and |
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(12) a representative from a public hospital. |
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Sec. 581.004. DEVELOPMENT OF PLAN. (a) The committee shall |
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develop and adopt a plan identifying: |
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(1) the population of children with mental illness who |
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are committed to the Texas Juvenile Justice Department; |
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(2) a measurable goal for reducing the population of |
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children with mental illness who are committed to the Texas |
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Juvenile Justice Department; |
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(3) a method for improving indigent defense for |
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children with mental illness who are alleged to have engaged in |
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delinquent conduct or conduct indicating a need for supervision |
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under Section 51.03, Family Code; |
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(4) a method for addressing mental illness among |
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children who are the subject of an investigation under Chapter 261, |
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Family Code; |
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(5) a method for quickly identifying and diverting |
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children with mental illness from the Texas Juvenile Justice |
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Department in the interest of public safety, justice, and public |
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health; and |
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(6) a method for providing community supervision to: |
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(A) reduce recidivism among children adjudicated |
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as having engaged in delinquent conduct or conduct indicating a |
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need for supervision under Section 51.03, Family Code; and |
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(B) reduce the population of children aging out |
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of the Texas Juvenile Justice Department and into the adult |
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criminal justice system. |
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(b) The committee must unanimously agree on the adopted |
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plan. |
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Sec. 581.005. DISSOLUTION OF COMMITTEE. The committee |
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shall dissolve after the committee submits its plan to the |
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department. |
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Sec. 581.006. CONDITION TO RECEIVE CONTINUED STATE FUNDING |
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FOR BEHAVIORAL HEALTH. The department may not distribute to a local |
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mental health authority state funds for mental or behavioral health |
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services for the fiscal biennium beginning September 1, 2019, |
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unless the authority's committee has submitted to the department |
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its plan on or before January 1, 2019. |
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Sec. 581.007. EXPIRATION. This chapter expires August 31, |
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2021. |
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SECTION 2. This Act takes effect September 1, 2017. |