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A BILL TO BE ENTITLED
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AN ACT
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relating to a county jail-based restoration of competency program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 46B, Code of Criminal |
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Procedure, is amended by adding Article 46B.091 to read as follows: |
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Art. 46B.091. COUNTY JAIL-BASED RESTORATION OF COMPETENCY |
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PROGRAM. (a) In this article, "commission" means the Health and |
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Human Services Commission. |
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(b) A county or counties jointly may develop and implement a |
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jail-based restoration of competency program. |
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(c) A county that implements a program under this article |
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shall employ or contract with a provider of jail-based competency |
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restoration services that: |
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(1) is certified by a nationwide nonprofit |
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organization that accredits behavioral health care organizations |
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and programs; |
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(2) is a local mental health authority in good |
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standing with the commission; or |
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(3) provides competency restoration services under a |
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contract with a local mental health authority in good standing with |
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the commission. |
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(d) A jail-based restoration of competency program must: |
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(1) provide jail-based competency restoration |
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services through trained and experienced staff; |
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(2) provide clinical treatment and competency |
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restoration through the use of a multidisciplinary treatment team; |
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(3) ensure the safety of participants in the program; |
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(4) operate in the jail in a designated space that is |
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separate from the general population of the jail; |
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(5) provide general health care, mental health |
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treatment, and substance use disorder treatment to participants, as |
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necessary for restoration of competency; and |
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(6) supply clinically appropriate psychoactive |
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medications for purposes of administering court-ordered medication |
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to participants as applicable and in accordance with Article |
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46B.086 of this code and Section 574.106, Health and Safety Code. |
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(e) The commission may inspect on behalf of the state any |
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aspect of a jail-based restoration of competency program. |
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(f) If at any time during a defendant's participation in the |
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jail-based restoration of competency program a psychiatrist or |
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psychologist for the provider determines that the defendant has |
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attained competency to stand trial: |
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(1) the psychiatrist or psychologist for the provider |
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shall promptly issue and send to the court a report demonstrating |
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that fact; and |
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(2) the court shall consider that report as the report |
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of an expert stating an opinion that the defendant has been restored |
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to competency for purposes of Article 46B.0755(a) or (b). |
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(g) Unless otherwise provided by this article, the |
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provisions of this chapter, including the maximum periods |
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prescribed by Article 46B.0095, apply to a defendant receiving |
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jail-based competency restoration services under the program in the |
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same manner as those provisions apply to any other defendant who is |
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subject to proceedings under this chapter. |
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SECTION 2. The change in law made by this Act applies only |
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to a defendant against whom proceedings have not been initiated |
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under Chapter 46B, Code of Criminal Procedure, as amended by this |
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Act, before the effective date of this Act. The determination of |
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incompetency for a defendant against whom proceedings have been |
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initiated under Chapter 46B, Code of Criminal Procedure, before the |
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effective date of this Act is governed by the law in effect on the |
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date the proceedings were initiated, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2017. |