86R14152 EAS-F
 
  By: Reynolds H.B. No. 3617
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of a mental health jail diversion and
  crisis stabilization unit pilot program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle C, Title 7, Health and Safety Code, is
  amended by adding Chapter 581 to read as follows:
  CHAPTER 581.  MENTAL HEALTH JAIL DIVERSION AND CRISIS STABILIZATION
  UNIT PILOT PROGRAM; FORT BEND COUNTY
         Sec. 581.001.  DEFINITIONS. In this chapter:
               (1)  "Commissioner" means the commissioner of state
  health services.
               (2)  "County judge" means the county judge of Fort Bend
  County.
               (3)  "Department" means the Department of State Health
  Services.
         Sec. 581.002.  MENTAL HEALTH JAIL DIVERSION AND CRISIS
  STABILIZATION UNIT PILOT PROGRAM. The department, in cooperation
  with the county judge, shall establish a pilot program in Fort Bend
  County to be implemented by the county judge to:
               (1)  provide short-term residential treatment in a
  crisis stabilization unit that includes medical, behavioral
  health, case management, and nursing services for persons with
  mental illness who are at risk of incarceration or are incarcerated
  in the Fort Bend County jail; and
               (2)  reduce recidivism and the frequency of arrests and
  incarceration among persons with mental illness in that county.
         Sec. 581.003.  CRIMINAL JUSTICE MENTAL HEALTH SERVICE MODEL.
  The county judge shall design and test through the pilot program a
  criminal justice mental health service model oriented toward
  providing short-term residential treatment in a crisis
  stabilization unit that includes medical, behavioral health, case
  management, and nursing services and aims to reduce the recidivism
  and frequency of arrests for persons with mental illness in the Fort
  Bend County jail. The model initially must apply the critical time
  intervention principle described by Section 581.004 and must
  include the following elements:
               (1)  medical and nursing services;
               (2)  low caseload management;
               (3)  multilevel residential services; and
               (4)  easy access to:
                     (A)  integrated health, mental health, and
  chemical dependency services;
                     (B)  benefits acquisition services;
                     (C)  multiple rehabilitation services; and
                     (D)  coordinated legal and provider systems.
         Sec. 581.004.  CRITICAL TIME INTERVENTION. The pilot
  program, in applying the critical time intervention principle, must
  give persons with mental illness access to needed social, clinical,
  housing, and benefit services in a timely manner.
         Sec. 581.005.  LOCAL SERVICES COORDINATION. In designing
  the criminal justice mental health service model, the county judge
  shall seek input from and coordinate the provision of services with
  the following local entities:
               (1)  the Fort Bend County Sheriff's Office;
               (2)  county or municipal law enforcement agencies;
               (3)  the mental health division of the office of the
  district attorney of Fort Bend County;
               (4)  the Fort Bend County public defender;
               (5)  Fort Bend County Behavioral Health Services;
               (6)  specially trained law enforcement crisis
  intervention teams and crisis intervention response teams;
               (7)  providers of guardianship services;
               (8)  providers of case management;
               (9)  providers of assertive community treatment;
               (10)  providers of crisis stabilization services;
               (11)  providers of intensive and general supportive
  housing;
               (12)  providers of telehealth services;
               (13)  providers of information technology;
               (14)  providers that address social determinants of
  health; and
               (15)  providers of integrated mental health and
  substance abuse inpatient, outpatient, and rehabilitation
  services, including the local mental health authority.
         Sec. 581.006.  PROGRAM CAPACITY. (a)  In implementing the
  pilot program, the county judge shall ensure the program has the
  resources to provide mental health jail diversion services to not
  fewer than 50 individuals.
         (b)  The county judge shall endeavor to serve each year the
  program operates not fewer than 50 or more than 100 individuals
  cumulatively.
         (c)  Before the county judge implements the pilot program,
  the department and the county judge jointly shall establish clear
  criteria for identifying a target population to be served by the
  program. The criteria must prioritize serving a target population
  composed of members with the highest risks of recidivism.  The
  county judge, in consultation with the appropriate entities listed
  in Section 581.005, may adjust the criteria established under this
  subsection during the operation of the program provided the
  adjusted criteria are clearly articulated.
         Sec. 581.007.  FINANCING THE PROGRAM. (a)  The creation of
  the pilot program under this chapter is contingent on the
  continuing agreement of the Commissioners Court of Fort Bend County
  to contribute to the program each year in which the program operates
  services for persons with mental illness equivalent in value to
  funding provided by the state for the program.
         (b)  It is the intent of the legislature that appropriations
  made to pay for the pilot program are made in addition to and will
  not reduce the amount of appropriations made in the regular funding
  of a local authority for intellectual and developmental
  disabilities or a local mental health authority that serves Fort
  Bend County.
         (c)  The Commissioners Court of Fort Bend County may seek and
  receive gifts and grants from federal sources, foundations,
  individuals, and other sources for the benefit of the pilot
  program.
         Sec. 581.008.  INSPECTIONS.  The department may make
  inspections of the operation of and provision of mental health jail
  diversion services through the pilot program on behalf of the state
  to ensure state money appropriated for the pilot program is used
  effectively.
         Sec. 581.009.  REPORT. (a) Not later than December 1, 2022,
  the commissioner shall evaluate and submit a report concerning the
  effect of the pilot program in providing short-term residential
  treatment in a crisis stabilization unit that includes medical,
  behavioral health, case management, and nursing services and
  reducing recidivism and the frequency of arrests and incarceration
  among persons with mental illness in Fort Bend County to the
  governor, the lieutenant governor, the speaker of the house of
  representatives, and the presiding officers of the standing
  committees of the senate and house of representatives having
  primary jurisdiction over health and human services issues and over
  criminal justice issues.
         (b)  The report must include a description of the features of
  the criminal justice mental health service model developed and
  tested under the pilot program and the commissioner's
  recommendation whether to expand use of the model statewide.
         (c)  In conducting the evaluation required under Subsection
  (a), the commissioner shall compare the rate of recidivism in Fort
  Bend County among persons in the target population before the date
  the program is implemented in the community to the rate of
  recidivism among those persons two years after the date the program
  is implemented in the community and three years after the date the
  program is implemented in the community.  The commissioner may
  include in the evaluation measures of the effectiveness of the
  program related to the well-being of persons served under the
  program.
         Sec. 581.010.  CONCLUSION; EXPIRATION. The pilot program
  established under this chapter concludes and this chapter expires
  September 1, 2023.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2019.