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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of a mental health jail diversion and |
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crisis stabilization unit pilot program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 7, Health and Safety Code, is |
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amended by adding Chapter 580 to read as follows: |
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CHAPTER 580. MENTAL HEALTH JAIL DIVERSION AND CRISIS STABILIZATION |
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UNIT PILOT PROGRAM; BEXAR COUNTY |
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Sec. 580.001. DEFINITIONS. In this chapter: |
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(1) "Commissioner" means the commissioner of state |
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health services. |
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(2) "County judge" means the county judge of Bexar |
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County. |
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(3) "Department" means the Department of State Health |
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Services. |
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Sec. 580.002. MENTAL HEALTH JAIL DIVERSION AND CRISIS |
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STABILIZATION UNIT PILOT PROGRAM. The department, in cooperation |
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with the county judge, shall establish a pilot program in Bexar |
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County to be implemented by the county judge to: |
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(1) provide short-term residential treatment in a |
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crisis stabilization unit that includes medical and nursing |
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services for persons with mental illness who are incarcerated in |
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that county; and |
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(2) reduce recidivism and the frequency of arrests and |
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incarceration among persons with mental illness in that county. |
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Sec. 580.003. CRIMINAL JUSTICE MENTAL HEALTH SERVICE MODEL. |
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The county judge shall design and test through the pilot program a |
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criminal justice mental health service model oriented toward |
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providing short-term residential treatment in a crisis |
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stabilization unit that includes medical and nursing services and |
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reducing the recidivism and frequency of arrests and incarceration |
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of persons with mental illness in the Bexar County jail. The model |
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initially must apply the critical time intervention principle |
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described by Section 580.004 and must include the following |
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elements: |
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(1) medical and nursing services; |
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(2) low caseload management; |
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(3) multilevel residential services; and |
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(4) easy access to: |
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(A) integrated health, mental health, and |
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chemical dependency services; |
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(B) benefits acquisition services; and |
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(C) multiple rehabilitation services. |
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Sec. 580.004. CRITICAL TIME INTERVENTION. The pilot |
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program, in applying the critical time intervention principle, must |
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give persons with mental illness access to available social, |
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clinical, housing, and welfare services during the first weeks |
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after the person's release from jail. |
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Sec. 580.005. LOCAL SERVICES COORDINATION. In designing |
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the criminal justice mental health service model, the county judge |
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shall seek input from and coordinate the provision of services with |
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the following local entities: |
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(1) county or municipal law enforcement agencies; |
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(2) the mental health division of the office of the |
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district attorney of Bexar County; |
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(3) the Bexar County public defender; |
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(4) mental health courts; |
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(5) specially trained law enforcement crisis |
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intervention teams and crisis intervention response teams; |
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(6) providers of competency restoration services; |
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(7) providers of guardianship services; |
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(8) providers of forensic case management; |
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(9) providers of assertive community treatment; |
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(10) providers of crisis stabilization services; |
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(11) providers of intensive and general supportive |
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housing; and |
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(12) providers of integrated mental health and |
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substance abuse inpatient, outpatient, and rehabilitation |
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services. |
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Sec. 580.006. PROGRAM CAPACITY. (a) In implementing the |
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pilot program, the county judge shall ensure the program has the |
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resources to provide mental health jail diversion services to not |
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fewer than 400 individuals. |
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(b) The county judge shall endeavor to serve each year the |
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program operates not fewer than 400 or more than 600 individuals |
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cumulatively. |
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(c) Before the county judge implements the pilot program, |
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the department and the county judge jointly shall establish clear |
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criteria for identifying a target population to be served by the |
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program. The criteria must prioritize serving a target population |
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composed of members with the highest risks of recidivism and the |
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most severe mental illnesses. The county judge, in consultation |
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with the appropriate entities listed in Section 580.005, may adjust |
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the criteria established under this subsection during the operation |
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of the program provided the adjusted criteria are clearly |
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articulated. |
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Sec. 580.007. FINANCING THE PROGRAM. (a) The creation of |
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the pilot program under this chapter is contingent on the |
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continuing agreement of the Commissioners Court of Bexar County to |
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contribute to the program each year in which the program operates |
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services for persons with mental illness equivalent in value to |
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funding provided by the state for the program. |
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(b) It is the intent of the legislature that appropriations |
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made to pay for the pilot program are made in addition to and will |
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not reduce the amount of appropriations made in the regular funding |
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of a local authority for intellectual and developmental |
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disabilities or a local mental health authority that serves Bexar |
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County. |
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(c) The Commissioners Court of Bexar County may seek and |
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receive gifts and grants from federal sources, foundations, |
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individuals, and other sources for the benefit of the pilot |
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program. |
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Sec. 580.008. INSPECTIONS. The department may make |
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inspections of the operation of and provision of mental health jail |
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diversion services through the pilot program on behalf of the state |
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to ensure state money appropriated for the pilot program is used |
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effectively. |
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Sec. 580.009. REPORT. (a) Not later than December 1, 2022, |
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the commissioner shall evaluate and submit a report concerning the |
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effect of the pilot program in providing short-term residential |
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treatment in a crisis stabilization unit that includes medical and |
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nursing services and reducing recidivism and the frequency of |
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arrests and incarceration among persons with mental illness in |
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Bexar County to the governor, the lieutenant governor, the speaker |
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of the house of representatives, and the presiding officers of the |
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standing committees of the senate and house of representatives |
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having primary jurisdiction over health and human services issues |
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and over criminal justice issues. |
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(b) The report must include a description of the features of |
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the criminal justice mental health service model developed and |
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tested under the pilot program and the commissioner's |
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recommendation whether to expand use of the model statewide. |
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(c) In conducting the evaluation required under Subsection |
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(a), the commissioner shall compare the rate of recidivism in Bexar |
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County among persons in the target population before the date the |
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program is implemented in the community to the rate of recidivism |
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among those persons two years after the date the program is |
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implemented in the community and three years after the date the |
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program is implemented in the community. The commissioner may |
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include in the evaluation measures of the effectiveness of the |
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program related to the well-being of persons served under the |
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program. |
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Sec. 580.010. CONCLUSION; EXPIRATION. The pilot program |
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established under this chapter concludes and this chapter expires |
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September 1, 2023. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |