By: Perry  S.B. No. 1183
         (In the Senate - Filed March 1, 2017; March 9, 2017, read
  first time and referred to Committee on Criminal Justice;
  April 20, 2017, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 7, Nays 0; April 20, 2017,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1183 By:  Perry
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to procedures regarding criminal defendants who are or may
  be persons with a mental illness or an intellectual disability and
  to the period for which a person may be committed to receive certain
  temporary mental health services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 32A.01, Code of Criminal Procedure, is
  amended by amending Subsection (a) and adding Subsection (c) to
  read as follows:
         (a)  Insofar as is practicable, the trial of a criminal
  action shall be given preference over trials of civil cases, and the
  trial of a criminal action against a defendant who is detained in
  jail pending trial of the action shall be given preference over
  trials of other criminal actions not described by Subsection (b) or
  (c).
         (c)  Except as provided by Subsection (b), the trial of a
  criminal action against a defendant who has been determined to be
  restored to competency under Article 46B.084 shall be given
  preference over other matters before the court, whether civil or
  criminal.
         SECTION 2.  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, including a rational and factual understanding of
  the court proceedings and charges against the person.
         SECTION 3.  The heading to Article 46B.0095, Code of
  Criminal Procedure, is amended to read as follows:
         Art. 46B.0095.  MAXIMUM PERIOD OF COMMITMENT OR [OUTPATIENT
  TREATMENT] PROGRAM PARTICIPATION DETERMINED BY MAXIMUM TERM FOR
  OFFENSE.
         SECTION 4.  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 or treatment program, or
  subjected to any combination of [both] inpatient treatment, [and]
  outpatient competency restoration or treatment program
  participation, or jail-based competency restoration under this
  chapter 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 may be 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.
         SECTION 5.  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 treatment, [and] outpatient
  competency restoration or treatment program participation, or
  jail-based competency restoration under this chapter, 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.
         SECTION 6.  Article 46B.026, Code of Criminal Procedure, is
  amended by adding Subsection (d) to read as follows:
         (d)  The court shall submit to the Office of Court
  Administration of the Texas Judicial System on a monthly basis the
  number of reports provided to the court under this article.
         SECTION 7.  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 facility under
  Article 46B.073; or
               [(2)]  release the defendant on bail under Article
  46B.0711; or
                     (B)  commit the defendant to:
                           (i)  a jail-based competency restoration
  program under Article 46B.073(e); or
                           (ii)  a mental health facility or
  residential care facility under Article 46B.073(f); or
               (2)  if the defendant is charged with an offense
  punishable as a Class A misdemeanor or any higher category of
  offense:
                     (A)  release the defendant on bail under Article
  46B.072; or
                     (B)  commit the defendant to a facility or a
  jail-based competency restoration program under Article 46B.073(c)
  or (d).
         SECTION 8.  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.
         (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.
         SECTION 9.  The heading to Article 46B.072, Code of Criminal
  Procedure, is amended to read as follows:
         Art. 46B.072.  RELEASE ON BAIL FOR FELONY OR CLASS A
  MISDEMEANOR.
         SECTION 10.  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.
         (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.
         SECTION 11.  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:
         (b)  For purposes of 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.
         (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 committing the defendant 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 or to a jail-based competency
  restoration program. 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)  Except as provided by Subsection (f), a defendant
  charged with an offense punishable as a Class B misdemeanor may be
  committed under this subchapter only to a jail-based competency
  restoration program.
         (f)  A defendant charged with an offense punishable as a
  Class B misdemeanor may be committed to a mental health facility or
  residential care facility described by Subsection (d) only if a
  jail-based competency restoration program is not available 
  [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].
         SECTION 12.  Article 46B.074(a), Code of Criminal Procedure,
  is amended to read as follows:
         (a)  A defendant may be committed to a jail-based competency
  restoration 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.
         SECTION 13.  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.
         SECTION 14.  Articles 46B.0755(a), (b), and (d), Code of
  Criminal Procedure, are amended to read as follows:
         (a)  Notwithstanding any other provision of this subchapter,
  if the court receives credible evidence indicating that the
  defendant has been restored to competency at any time after the
  defendant's incompetency trial under Subchapter C but before the
  defendant is transported under Article 46B.075 to the [a mental
  health facility, residential care] facility[,] or [outpatient
  treatment] program, as applicable, the court may appoint
  disinterested experts to reexamine the defendant in accordance with
  Subchapter B. The court is not required to appoint the same expert
  or experts who performed the initial examination of the defendant
  under that subchapter.
         (b)  If after a reexamination of the defendant the applicable
  expert's report states an opinion that the defendant remains
  incompetent, the court's order under Article 46B.0711, 46B.072, or
  46B.073 remains in effect, and the defendant shall be transported
  to the facility or [outpatient treatment] program as required by
  Article 46B.075. If after a reexamination of the defendant the
  applicable expert's report states an opinion that the defendant has
  been restored to competency, the court shall withdraw its order
  under Article 46B.0711, 46B.072, or 46B.073 and proceed under
  Subsection (c) or (d).
         (d)  The court shall hold a hearing to determine whether the
  defendant has been restored to competency if any party fails to
  agree or if the court fails to concur that the defendant is
  competent to stand trial. If a court holds a hearing under this
  subsection, on the request of the counsel for either party or the
  motion of the court, a jury shall make the competency
  determination. For purposes of the hearing, incompetency is
  presumed, and the defendant's competency must be proved by a
  preponderance of the evidence. If after the hearing the defendant
  is again found to be incompetent to stand trial, the court shall
  issue a new order under Article 46B.0711, 46B.072, or 46B.073, as
  appropriate based on the defendant's current condition.
         SECTION 15.  Article 46B.076, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 46B.076.  COURT'S ORDER. (a)  If the defendant is
  found incompetent to stand trial, not later than the date of the
  order of commitment or of release on bail, as applicable, the court
  shall send a copy of the order to the applicable facility [to which
  the defendant is committed] or [the outpatient treatment] program
  [to which the defendant is released]. The court shall also provide
  to the facility or [outpatient treatment] program copies of the
  following made available to the court during the incompetency
  trial:
               (1)  reports of each expert;
               (2)  psychiatric, psychological, or social work
  reports that relate to the mental condition of the defendant;
               (3)  documents provided by the attorney representing
  the state or the attorney representing the defendant that relate to
  the defendant's current or past mental condition;
               (4)  copies of the indictment or information and any
  supporting documents used to establish probable cause in the case;
               (5)  the defendant's criminal history record; and
               (6)  the addresses of the attorney representing the
  state and the attorney representing the defendant.
         (b)  The court shall order that the transcript of all medical
  testimony received by the jury or court be promptly prepared by the
  court reporter and forwarded to the applicable [proper] facility or
  [outpatient treatment] program.
         SECTION 16.  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.
         (c)  If the defendant is released to an outpatient competency
  restoration [a treatment] program [not provided by an inpatient
  mental health facility or a residential care facility], 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).
         SECTION 17.  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.
         SECTION 18.  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 is clinically ready and can be
  safely transferred to a competency restoration program for
  education services but has not yet 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 or transfer 
  under this chapter and including a list of the types and dosages of
  medications prescribed for the defendant while the defendant was
  receiving competency restoration services in the facility or
  through [participating in] the [outpatient treatment] program.  The 
  [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 copies of a
  report based on notice under this article, other than notice under
  Subsection (b)(1), to enable any objection to the findings of the
  report to be made in a timely manner as required under Article
  46B.084(a-1).
         (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.
         SECTION 19.  Article 46B.080(a), Code of Criminal Procedure,
  is amended to read as follows:
         (a)  On a request of the head of a facility or a [treatment]
  program provider that is made under Article 46B.079(d) and
  notwithstanding any other provision of this subchapter, the court
  may enter an order extending the initial restoration period for an
  additional period of 60 days.
         SECTION 20.  Subchapter D, Chapter 46B, Code of Criminal
  Procedure, is amended by adding Articles 46B.0805 and 46B.0825 to
  read as follows:
         Art. 46B.0805.  COMPETENCY RESTORATION EDUCATION SERVICES.  
  (a)  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 an outpatient
  competency restoration program, as appropriate and if available.
         (b)  If a defendant for whom an order is entered under
  Subsection (a) 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.
         (c)  As soon as practicable but not later than the 10th day
  after the date of receipt of a copy of an order under Subsection
  (b)(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.
         (d)  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.0825.  ADMINISTRATION OF MEDICATION WHILE IN
  CUSTODY OF SHERIFF. (a)  A sheriff having custody of a defendant
  for transportation as required by Article 46B.075, 46B.0805, or
  46B.082 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.
         (b)  To the extent funds are appropriated for that purpose, a
  sheriff is entitled to reimbursement from the state for providing
  the medication required by Subsection (a).
         (c)  If the sheriff determines that funds are not available
  from the state to reimburse the sheriff as provided by Subsection
  (b), the sheriff is not required to comply with Subsection (a).
         SECTION 21.  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.
         SECTION 22.  The heading to Article 46B.082, Code of
  Criminal Procedure, is amended to read as follows:
         Art. 46B.082.  TRANSPORTATION OF DEFENDANT TO COURT.
         SECTION 23.  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.
         SECTION 24.  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.
         SECTION 25.  Article 46B.084(a-1)(1), Code of Criminal
  Procedure, is amended to read as follows:
               (1)  Following the defendant's return to the court, the
  court shall make a determination with regard to the defendant's
  competency to stand trial. The court may make the determination
  based only on the most recent report that is filed under Article
  46B.079(c) and based on notice under that article, other than
  notice under Subsection (b)(1) of that article, and on other
  medical information or personal history information relating to the
  defendant. A party may object in writing or in open court to the
  findings of the most recent report not later than the 15th day after
  the date on which the court received the applicable notice
  [notification] under Article 46B.079. The court shall make the
  determination not later than the 20th day after the date on which
  the court received the applicable notice [notification] under
  Article 46B.079, or not later than the fifth day after the date of
  the defendant's return to court, whichever occurs first, regardless
  of whether a party objects to the report as described by this
  subsection and the issue is set for hearing under Subsection (b).
         SECTION 26.  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 the [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)  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.
         SECTION 27.  Subchapter D, Chapter 46B, Code of Criminal
  Procedure, is amended by adding Article 46B.091 to read as follows:
         Art. 46B.091.  JAIL-BASED COMPETENCY RESTORATION PROGRAM
  IMPLEMENTED BY COUNTY. (a)  In this article:
               (1)  "Commission" means the Health and Human Services
  Commission.
               (2)  "Executive commissioner" means the executive
  commissioner of the Health and Human Services Commission.
         (b)  A county or counties jointly may develop and implement a
  jail-based competency restoration program.
         (c)  A county that implements a program under this article
  shall contract with a provider of jail-based competency restoration
  services that is a local mental health authority or local
  behavioral health authority that is in good standing with the
  commission, which may include an authority that is in good standing
  with the commission and subcontracts with a provider of jail-based
  competency restoration services.
         (d)  A jail-based competency restoration program must:
               (1)  provide jail-based competency restoration
  services through the use of a multidisciplinary treatment team that
  is:
                     (A)  directed toward the specific objective of
  restoring the defendant's competency to stand trial; and
                     (B)  similar to other competency restoration
  programs;
               (2)  employ or contract for the services of at least one
  psychiatrist;
               (3)  provide jail-based competency restoration
  services through licensed or qualified mental health
  professionals;
               (4)  provide weekly competency restoration hours
  commensurate to the hours provided as part of a competency
  restoration program at an inpatient mental health facility;
               (5)  operate in the jail in a designated space that is
  separate from the space used for the general population of the jail;
               (6)  ensure coordination of general health care;
               (7)  provide mental health treatment and substance use
  disorder treatment to defendants, as necessary, for competency
  restoration; and
               (8)  supply clinically appropriate psychoactive
  medications for purposes of administering court-ordered medication
  to defendants as applicable and in accordance with Article 46B.086
  of this code or Section 574.106, Health and Safety Code.
         (e)  The executive commissioner shall adopt rules as
  necessary for a county to develop and implement a program under this
  article.  The commission shall, as part of the rulemaking process,
  establish contract monitoring and oversight requirements for a
  local mental health authority or local behavioral health authority
  that contracts with a county to provide jail-based competency
  restoration services under this article.  The contract monitoring
  and oversight requirements must be consistent with local mental
  health authority or local behavioral health authority performance
  contract monitoring and oversight requirements, as applicable.
         (f)  The commission may inspect on behalf of the state any
  aspect of a program implemented under this article.
         (g)  A 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 is committed to the program.  The psychiatrist or
  psychologist shall submit to the court a report concerning each
  evaluation required under this subsection.
         (h)  If at any time during a defendant's commitment to a
  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).
         (i)  If at any time during a defendant's commitment to a
  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.
         (j)  If the psychiatrist or psychologist for the provider
  determines that a defendant committed to a program implemented
  under this article has not been restored to competency by the end of
  the 60th day after the date the defendant was committed to the
  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 Articles 46B.073(e) and (f), 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.
         (k)  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 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.
         (l)  This article does not affect the responsibility of a
  county to ensure the safety of a defendant who is committed to the
  program and to provide the same adequate care to the defendant as is
  provided to other inmates of the jail in which the defendant is
  located.
         SECTION 28.  Section 574.034(g), Health and Safety Code, is
  amended to read as follows:
         (g)  An order for temporary inpatient or outpatient mental
  health services shall state that treatment is authorized for not
  longer than 45 [90] days, except that the order may specify a period
  not to exceed 90 days if the judge finds that the longer period is
  necessary. [The order may not specify a shorter period.]
         SECTION 29.  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.
         SECTION 30.  The following provisions are repealed:
               (1)  Article 46B.026(c), Code of Criminal Procedure;
               (2)  Article 46B.090(o), Code of Criminal Procedure;
  and
               (3)  Section 614.0032(c), Health and Safety Code.
         SECTION 31.  Not later than November 1, 2017, the executive
  commissioner of the Health and Human Services Commission shall
  adopt the rules described by Article 46B.091(e), Code of Criminal
  Procedure, as added by this Act.
         SECTION 32.  (a)  Except as provided by Subsection (b) of
  this section, 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
  subsection, an offense was committed before the effective date of
  this Act if any element of the offense occurred before that date.
         (b)  The change in law made by this Act to Section
  574.034(g), Health and Safety Code, applies only to an order for
  court-ordered temporary mental health services that is issued on or
  after the effective date of this Act. An order issued before the
  effective date of this Act is governed by the law in effect on the
  date the order was issued, and the former law is continued in effect
  for that purpose.
         SECTION 33.  This Act takes effect September 1, 2017.
 
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