85R11239 MEW-D

By: Uresti S.B. No. 1623

A BILL TO BE ENTITLED

AN ACT

relating to certain persons who are acquitted by reason of insanity in a criminal case and who are dangerous to the person's self.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 46C.252(c), Code of Criminal Procedure, is amended to read as follows:

(c) The report must address:

(1) whether the acquitted person has a mental illness or mental retardation and, if so, whether the mental illness or mental retardation is severe;

(2) whether as a result of any severe mental illness or mental retardation the acquitted person is likely to cause serious harm to the person's self or another;

(3) whether as a result of any impairment the acquitted person is subject to commitment under Subtitle C or D, Title 7, Health and Safety Code;

(4) prospective treatment and supervision options, if any, appropriate for the acquitted person; and

(5) whether any required treatment and supervision can be safely and effectively provided as outpatient or community-based treatment and supervision.

SECTION 2. Article 46C.253(b), Code of Criminal Procedure, is amended to read as follows:

(b) At the hearing, the court shall address:

(1) whether the person acquitted by reason of insanity has a severe mental illness or mental retardation;

(2) whether as a result of any mental illness or mental retardation the person is likely to cause serious harm to the person's self or another; and

(3) whether appropriate treatment and supervision for any mental illness or mental retardation rendering the person dangerous to the person's self or another can be safely and effectively provided as outpatient or community-based treatment and supervision.

SECTION 3. Article 46C.254, Code of Criminal Procedure, is amended to read as follows:

Art. 46C.254. EFFECT OF STABILIZATION ON TREATMENT REGIMEN. If an acquitted person is stabilized on a treatment regimen, including medication and other treatment modalities, rendering the person no longer likely to cause serious harm to the person's self or another, inpatient treatment or residential care may be found necessary to protect the safety of the person's self or of others only if:

(1) the person would become likely to cause serious harm to the person's self or another if the person fails to follow the treatment regimen on an Order to Receive Outpatient or Community-Based Treatment and Supervision; and

(2) under an Order to Receive Outpatient or Community-Based Treatment and Supervision either:

(A) the person is likely to fail to comply with an available regimen of outpatient or community-based treatment, as determined by the person's insight into the need for medication, the number, severity, and controllability of side effects, the availability of support and treatment programs for the person from community members, and other appropriate considerations; or

(B) a regimen of outpatient or community-based treatment will not be available to the person.

SECTION 4. Article 46C.255(c), Code of Criminal Procedure, is amended to read as follows:

(c) If a hearing is held before a jury and the jury determines that the person has a mental illness or mental retardation and is likely to cause serious harm to the person's self or another, the court shall determine whether inpatient treatment or residential care is necessary to protect the safety of the person's self or of others.

SECTION 5. Article 46C.256(a), Code of Criminal Procedure, is amended to read as follows:

(a) The court shall order the acquitted person committed to a mental hospital or other appropriate facility for inpatient treatment or residential care if the state establishes by clear and convincing evidence that:

(1) the person has a severe mental illness or mental retardation;

(2) the person, as a result of that mental illness or mental retardation, is likely to cause serious bodily injury to the person's self or another if the person is not provided with treatment and supervision; and

(3) inpatient treatment or residential care is necessary to protect the safety of the person's self or of others.

SECTION 6. Article 46C.257(a), Code of Criminal Procedure, is amended to read as follows:

(a) The court shall order the acquitted person to receive outpatient or community-based treatment and supervision if:

(1) the state establishes by clear and convincing evidence that the person:

(A) has a severe mental illness or mental retardation; and

(B) as a result of that mental illness or mental retardation is likely to cause serious bodily injury to the person's self or another if the person is not provided with treatment and supervision; and

(2) the state fails to establish by clear and convincing evidence that inpatient treatment or residential care is necessary to protect the safety of the person's self or of others.

SECTION 7. Articles 46C.258(a) and (b), Code of Criminal Procedure, are amended to read as follows:

(a) The head of the facility to which an acquitted person is committed has, during the commitment period, a continuing responsibility to determine:

(1) whether the acquitted person continues to have a severe mental illness or mental retardation and is likely to cause serious harm to the person's self or another because of any severe mental illness or mental retardation; and

(2) if so, whether treatment and supervision cannot be safely and effectively provided as outpatient or community-based treatment and supervision.

(b) The head of the facility must notify the committing court and seek modification of the order of commitment if the head of the facility determines that an acquitted person no longer has a severe mental illness or mental retardation, is no longer likely to cause serious harm to the person's self or another, or that treatment and supervision can be safely and effectively provided as outpatient or community-based treatment and supervision.

SECTION 8. Article 46C.265(b), Code of Criminal Procedure, is amended to read as follows:

(b) The person responsible for administering a regimen of outpatient or community-based treatment and supervision shall notify the court ordering that treatment and supervision and the attorney representing the state if the person:

(1) fails to comply with the regimen; and

(2) becomes likely to cause serious harm to the person's self or another.

SECTION 9. Article 46C.266(b), Code of Criminal Procedure, is amended to read as follows:

(b) At the hearing, the court without a jury shall determine whether the state has established clear and convincing evidence that:

(1) the acquitted person failed to comply with the regimen in a manner or under circumstances indicating the person will become likely to cause serious harm to the person's self or another if the person is provided continued outpatient or community-based treatment and supervision; or

(2) the acquitted person has become likely to cause serious harm to the person's self or another if provided continued outpatient or community-based treatment and supervision.

SECTION 10. Article 46C.268(f), Code of Criminal Procedure, is amended to read as follows:

(f) The court shall discharge the acquitted person from all court-ordered commitment and treatment and supervision and terminate the court's jurisdiction over the person if the court finds that the acquitted person has established by a preponderance of the evidence that:

(1) the acquitted person does not have a severe mental illness or mental retardation; or

(2) the acquitted person is not likely to cause serious harm to the person's self or another because of any severe mental illness or mental retardation.

SECTION 11. The changes in law made by this Act in amending Chapter 46C, Code of Criminal Procedure, apply only to a defendant acquitted of an offense on or after the effective date of this Act, regardless of when the offense of which the defendant was acquitted was committed. A defendant who before the effective date of this Act is acquitted of an offense is governed by the law in effect on the date the acquittal occurred, and the former law remains in effect for that purpose.

SECTION 12. This Act takes effect September 1, 2017.