85R10031 LHC-D
 
  By: Murr H.B. No. 3161
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a county jail-based restoration of competency program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 46B, Code of Criminal
  Procedure, is amended by adding Article 46B.091 to read as follows:
         Art. 46B.091.  COUNTY JAIL-BASED RESTORATION OF COMPETENCY
  PROGRAM. (a) In this article, "commission" means the Health and
  Human Services Commission.
         (b)  A county or counties jointly may develop and implement a
  jail-based restoration of competency program.
         (c)  A county that implements a program under this article
  shall employ or contract with a provider of jail-based competency
  restoration services that:
               (1)  is certified by a nationwide nonprofit
  organization that accredits behavioral health care organizations
  and programs;
               (2)  is a local mental health authority in good
  standing with the commission; or
               (3)  provides competency restoration services under a
  contract with a local mental health authority in good standing with
  the commission.
         (d)  A jail-based restoration of competency program must:
               (1)  provide jail-based competency restoration
  services through trained and experienced staff;
               (2)  provide clinical treatment and competency
  restoration through the use of a multidisciplinary treatment team;
               (3)  ensure the safety of participants in the program;
               (4)  operate in the jail in a designated space that is
  separate from the general population of the jail;
               (5)  provide general health care, mental health
  treatment, and substance use disorder treatment to participants, as
  necessary for restoration of competency; and
               (6)  supply 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.
         (e)  The commission may inspect on behalf of the state any
  aspect of a jail-based restoration of competency program. 
         (f)  If at any time during a defendant's participation in the
  jail-based restoration of competency program a 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).
         (g)  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
  jail-based competency restoration services under the program in the
  same manner as those provisions apply to any other defendant who is
  subject to proceedings under this chapter.
         SECTION 2.  The change in law made by this Act applies only
  to a defendant against whom proceedings have not been initiated
  under Chapter 46B, Code of Criminal Procedure, as amended by this
  Act, before the effective date of this Act. The determination of
  incompetency for a defendant against whom proceedings have been
  initiated under Chapter 46B, Code of Criminal Procedure, before the
  effective date of this Act is governed by the law in effect on the
  date the proceedings were initiated, and the former law is
  continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2017.