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A BILL TO BE ENTITLED
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AN ACT
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relating to court-ordered mental health services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 137.008(a), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(a) A physician or other health care provider may subject |
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the principal to mental health treatment in a manner contrary to the |
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principal's wishes as expressed in a declaration for mental health |
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treatment only: |
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(1) if the principal is under an order for temporary or |
|
extended mental health services under Section 574.034, 574.0345, |
|
[or] 574.035, or 574.0355, Health and Safety Code, and treatment is |
|
authorized in compliance with Section 574.106, Health and Safety |
|
Code; or |
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(2) in case of an emergency when the principal's |
|
instructions have not been effective in reducing the severity of |
|
the behavior that has caused the emergency. |
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SECTION 2. Article 16.22, Code of Criminal Procedure, is |
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amended by amending Subsection (c) and adding Subsections (c-1), |
|
(c-2), and (c-3) to read as follows: |
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(c) After the trial court receives the applicable expert's |
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written assessment relating to the defendant under Subsection (b-1) |
|
or elects to use the results of a previous determination as |
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described by Subsection (a)(2), the trial court may, as applicable: |
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(1) resume criminal proceedings against the |
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defendant, including any appropriate proceedings related to the |
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defendant's release on personal bond under Article 17.032 if the |
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defendant is being held in custody; |
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(2) resume or initiate competency proceedings, if |
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required, as provided by Chapter 46B [or other proceedings
|
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affecting the defendant's receipt of appropriate court-ordered
|
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mental health or intellectual disability services, including
|
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proceedings related to the defendant's receipt of outpatient mental
|
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health services under Section 574.034, Health and Safety Code]; |
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(3) consider the written assessment during the |
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punishment phase after a conviction of the offense for which the |
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defendant was arrested, as part of a presentence investigation |
|
report, or in connection with the impositions of conditions |
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following placement on community supervision, including deferred |
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adjudication community supervision; [or] |
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(4) refer the defendant to an appropriate specialty |
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court established or operated under Subtitle K, Title 2, Government |
|
Code; or |
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(5) if the offense charged does not involve an act, |
|
attempt, or threat of serious bodily injury to another person, |
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release the defendant on bail while charges against the defendant |
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remain pending and enter an order transferring the defendant to the |
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appropriate court for court-ordered outpatient mental health |
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services under Chapter 574, Health and Safety Code. |
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(c-1) If an order is entered under Subsection (c)(5), an |
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attorney representing the state shall file the application for |
|
court-ordered outpatient services under Chapter 574, Health and |
|
Safety Code. |
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(c-2) On the motion of an attorney representing the state, |
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if the court determines the defendant has complied with appropriate |
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court-ordered outpatient treatment, the court may dismiss the |
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charges pending against the defendant and discharge the defendant. |
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(c-3) On the motion of an attorney representing the state, |
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if the court determines the defendant has failed to comply with |
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appropriate court-ordered outpatient treatment, the court shall |
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proceed under this chapter or with the trial of the offense. |
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SECTION 3. Section 55.13(d), Family Code, is amended to |
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read as follows: |
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(d) After conducting a hearing on an application under this |
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section, the juvenile court shall: |
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(1) if the criteria under Section 574.034 or 574.0345, |
|
Health and Safety Code, are satisfied, order temporary mental |
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health services for the child; or |
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(2) if the criteria under Section 574.035 or 574.0355, |
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Health and Safety Code, are satisfied, order extended mental health |
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services for the child. |
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SECTION 4. Section 55.38(b), Family Code, is amended to |
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read as follows: |
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(b) After conducting a hearing under Subsection (a)(2), the |
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juvenile court shall: |
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(1) if the criteria under Section 574.034 or 574.0345, |
|
Health and Safety Code, are satisfied, order temporary mental |
|
health services; or |
|
(2) if the criteria under Section 574.035 or 574.0355, |
|
Health and Safety Code, are satisfied, order extended mental health |
|
services. |
|
SECTION 5. Section 55.57(b), Family Code, is amended to |
|
read as follows: |
|
(b) After conducting a hearing under Subsection (a)(2), the |
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juvenile court shall: |
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(1) if the criteria under Section 574.034 or 574.0345, |
|
Health and Safety Code, are satisfied, order temporary mental |
|
health services; or |
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(2) if the criteria under Section 574.035 or 574.0355, |
|
Health and Safety Code, are satisfied, order extended mental health |
|
services. |
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SECTION 6. Subchapter B, Chapter 22, Government Code, is |
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amended by adding Section 22.1106 to read as follows: |
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Sec. 22.1106. JUDICIAL INSTRUCTION RELATED TO |
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COURT-ORDERED MENTAL HEALTH SERVICES. The court of criminal appeals |
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shall ensure that judicial training related to the problems of |
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court-ordered mental health services is provided at least once |
|
every year. The instruction may be provided at the annual Judicial |
|
Education Conference. |
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SECTION 7. Section 501.057(b), Government Code, is amended |
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to read as follows: |
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(b) Not later than the 30th day before the initial parole |
|
eligibility date of an inmate identified as mentally ill, an |
|
institutional division psychiatrist shall examine the inmate. The |
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psychiatrist shall file a sworn application for court-ordered |
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temporary mental health services under Chapter 574, Health and |
|
Safety Code, if the psychiatrist determines that the inmate is |
|
mentally ill and as a result of the illness the inmate meets at |
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least one of the criteria listed in Section 574.034 or 574.0345, |
|
Health and Safety Code. |
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SECTION 8. Section 574.002(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) Any application must contain the following information |
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according to the applicant's information and belief: |
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(1) the proposed patient's name and address; |
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(2) the proposed patient's county of residence in this |
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state; |
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(3) a statement that the proposed patient is a person |
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with mental illness and meets the criteria in Section 574.034, |
|
574.0345, [or] 574.035, or 574.0355 for court-ordered mental health |
|
services; and |
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(4) whether the proposed patient is charged with a |
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criminal offense. |
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SECTION 9. Section 574.031, Health and Safety Code, is |
|
amended by adding Subsections (d-1) and (d-2) to read as follows: |
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(d-1) In a hearing for temporary inpatient or outpatient |
|
mental health services under Section 574.034 or 574.0345, the |
|
proposed patient and the proposed patient's attorney, by a written |
|
document filed with the court, may waive the right to cross-examine |
|
witnesses, and, if that right is waived, the court may admit, as |
|
evidence, the certificates of medical examination for mental |
|
illness. The certificates admitted under this subsection |
|
constitute competent medical or psychiatric testimony, and the |
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court may make its findings solely from the certificates. If the |
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proposed patient and the proposed patient's attorney do not waive |
|
in writing the right to cross-examine witnesses, the court shall |
|
proceed to hear testimony. The testimony must include competent |
|
medical or psychiatric testimony. |
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(d-2) In a hearing for extended inpatient or outpatient |
|
mental health services under Section 574.035 or 574.0355, the court |
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may not make its findings solely from the certificates of medical |
|
examination for mental illness but shall hear testimony. The court |
|
may not enter an order for extended mental health services unless |
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appropriate findings are made and are supported by testimony taken |
|
at the hearing. The testimony must include competent medical or |
|
psychiatric testimony. |
|
SECTION 10. The heading to Section 574.034, Health and |
|
Safety Code, is amended to read as follows: |
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Sec. 574.034. ORDER FOR TEMPORARY INPATIENT MENTAL HEALTH |
|
SERVICES. |
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SECTION 11. Sections 574.034(g) and (h), Health and Safety |
|
Code, are amended to read as follows: |
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(g) An order for temporary inpatient [or outpatient] mental |
|
health services shall state that treatment is authorized for not |
|
longer than 45 days, except that the order may specify a period not |
|
to exceed 90 days if the judge finds that the longer period is |
|
necessary. |
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(h) A judge may not issue an order for temporary inpatient |
|
[or outpatient] mental health services for a proposed patient who |
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is charged with a criminal offense that involves an act, attempt, or |
|
threat of serious bodily injury to another person. |
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SECTION 12. Subchapter C, Chapter 574, Health and Safety |
|
Code, is amended by adding Section 574.0345 to read as follows: |
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Sec. 574.0345. ORDER FOR TEMPORARY OUTPATIENT MENTAL HEALTH |
|
SERVICES. (a) The judge may order a proposed patient to receive |
|
court-ordered extended outpatient mental health services only if: |
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(1) the judge finds that appropriate mental health |
|
services are available to the proposed patient; and |
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(2) the judge or jury finds, from clear and convincing |
|
evidence, that: |
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(A) the proposed patient is a person with severe |
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and persistent mental illness; |
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(B) as a result of the mental illness, the |
|
proposed patient will, if not treated, experience deterioration of |
|
the ability to function independently to the extent that the |
|
proposed patient will be unable to live safely in the community |
|
without court-ordered outpatient mental health services; |
|
(C) outpatient mental health services are needed |
|
to prevent a relapse that would likely result in serious harm to the |
|
proposed patient or others; and |
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(D) the proposed patient has an inability to |
|
participate in outpatient treatment services effectively and |
|
voluntarily, demonstrated by: |
|
(i) any of the proposed patient's actions |
|
occurring within the two-year period that immediately precedes the |
|
hearing; or |
|
(ii) specific characteristics of the |
|
proposed patient's clinical condition that significantly impair |
|
the proposed patient's ability to make a rational and informed |
|
decision whether to submit to voluntary outpatient treatment. |
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(b) To be clear and convincing under Subsection (a)(2), the |
|
evidence must include expert testimony and evidence of a recent |
|
overt act or a continuing pattern of behavior that tends to confirm: |
|
(1) the deterioration of ability to function |
|
independently to the extent that the proposed patient will be |
|
unable to live safely in the community; |
|
(2) the need for outpatient mental health services to |
|
prevent a relapse that would likely result in serious harm to the |
|
proposed patient or others; and |
|
(3) the proposed patient's inability to participate in |
|
outpatient treatment services effectively and voluntarily. |
|
(c) An order for temporary outpatient mental health |
|
services shall state that treatment is authorized for not longer |
|
than 45 days, except that the order may specify a period not to |
|
exceed 90 days if the judge finds that the longer period is |
|
necessary. |
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(d) A judge may not issue an order for temporary outpatient |
|
mental health services for a proposed patient who is charged with a |
|
criminal offense that involves an act, attempt, or threat of |
|
serious bodily injury to another person. |
|
SECTION 13. The heading to Section 574.035, Health and |
|
Safety Code, is amended to read as follows: |
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Sec. 574.035. ORDER FOR EXTENDED INPATIENT MENTAL HEALTH |
|
SERVICES. |
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SECTION 14. Sections 574.035(d), (h), and (i), Health and |
|
Safety Code, are amended to read as follows: |
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(d) The jury or judge is not required to make the finding |
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under Subsection (a)(4) [or (b)(2)(F)] if the proposed patient has |
|
already been subject to an order for extended mental health |
|
services. |
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(h) An order for extended inpatient [or outpatient] mental |
|
health services shall state that treatment is authorized for not |
|
longer than 12 months. The order may not specify a shorter period. |
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(i) A judge may not issue an order for extended inpatient |
|
[or outpatient] mental health services for a proposed patient who |
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is charged with a criminal offense that involves an act, attempt, or |
|
threat of serious bodily injury to another person. |
|
SECTION 15. Subchapter C, Chapter 574, Health and Safety |
|
Code, is amended by adding Section 574.0355 to read as follows: |
|
Sec. 574.0355. ORDER FOR EXTENDED OUTPATIENT MENTAL HEALTH |
|
SERVICES. (a) The judge may order a proposed patient to receive |
|
court-ordered temporary outpatient mental health services only if: |
|
(1) the judge finds that appropriate mental health |
|
services are available to the proposed patient; and |
|
(2) the judge or jury finds, from clear and convincing |
|
evidence, that: |
|
(A) the proposed patient is a person with severe |
|
and persistent mental illness; |
|
(B) as a result of the mental illness, the |
|
proposed patient will, if not treated, experience deterioration of |
|
the ability to function independently to the extent that the |
|
proposed patient will be unable to live safely in the community |
|
without court-ordered outpatient mental health services; |
|
(C) outpatient mental health services are needed |
|
to prevent a relapse that would likely result in serious harm to the |
|
proposed patient or others; |
|
(D) the proposed patient has an inability to |
|
participate in outpatient treatment services effectively and |
|
voluntarily, demonstrated by: |
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(i) any of the proposed patient's actions |
|
occurring within the two-year period that immediately precedes the |
|
hearing; or |
|
(ii) specific characteristics of the |
|
proposed patient's clinical condition that significantly impair |
|
the proposed patient's ability to make a rational and informed |
|
decision whether to submit to voluntary outpatient treatment; |
|
(E) the proposed patient's condition is expected |
|
to continue for more than 90 days; and |
|
(F) the proposed patient has received: |
|
(i) court-ordered inpatient mental health |
|
services under this subtitle or under Subchapter D or E, Chapter |
|
46B, Code of Criminal Procedure, for a total of at least 60 days |
|
during the preceding 12 months; or |
|
(ii) court-ordered outpatient mental |
|
health services under this subtitle or under Subchapter D or E, |
|
Chapter 46B, Code of Criminal Procedure, during the preceding 60 |
|
days. |
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(b) The jury or judge is not required to make the finding |
|
under Subsection (a)(2)(F) if the proposed patient has already been |
|
subject to an order for extended mental health services. |
|
(c) To be clear and convincing under Subsection (a)(2), the |
|
evidence must include expert testimony and evidence of a recent |
|
overt act or a continuing pattern of behavior that tends to confirm: |
|
(1) the deterioration of ability to function |
|
independently to the extent that the proposed patient will be |
|
unable to live safely in the community; |
|
(2) the need for outpatient mental health services to |
|
prevent a relapse that would likely result in serious harm to the |
|
proposed patient or others; and |
|
(3) the proposed patient's inability to participate in |
|
outpatient treatment services effectively and voluntarily. |
|
(d) An order for extended outpatient mental health services |
|
must state that treatment is authorized for not longer than 12 |
|
months. The order may not specify a shorter period. |
|
(e) A judge may not issue an order for extended outpatient |
|
mental health services for a proposed patient who is charged with a |
|
criminal offense that involves an act, attempt, or threat of |
|
serious bodily injury to another person. |
|
SECTION 16. Section 574.036(e), Health and Safety Code, is |
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amended to read as follows: |
|
(e) The judge may enter an order: |
|
(1) committing the person to a mental health facility |
|
for inpatient care if the trier of fact finds that the person meets |
|
the commitment criteria prescribed by Section 574.034(a) or |
|
574.035(a); or |
|
(2) committing the person to outpatient mental health |
|
services if the trier of fact finds that the person meets the |
|
commitment criteria prescribed by Section 574.0345(a) [574.034(b)] |
|
or 574.0355(a) [574.035(b)]. |
|
SECTION 17. Sections 574.037(b-2) and (c-2), Health and |
|
Safety Code, are amended to read as follows: |
|
(b-2) The person responsible for the services shall submit |
|
the program to the court before the hearing under Section 574.034, |
|
574.0345, [or] 574.035, or 574.0355 or before the court modifies an |
|
order under Section 574.061, as appropriate. |
|
(c-2) A court may[, on its own motion,] set a status |
|
conference in accordance with Section 574.0665 [with the person
|
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responsible for the services, the patient, and the patient's
|
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attorney]. |
|
SECTION 18. Sections 574.061(a), (b), (c), (d), (e), and |
|
(h), Health and Safety Code, are amended to read as follows: |
|
(a) The facility administrator of a facility to which a |
|
patient is committed for inpatient mental health services, not |
|
later than the 30th day after the date the patient is committed to |
|
the facility, shall assess the appropriateness of transferring the |
|
patient to outpatient mental health services. The facility |
|
administrator may recommend that [may request] the court that |
|
entered the commitment order [to] modify the order to require the |
|
patient to participate in outpatient mental health services. |
|
(b) A [The] facility administrator's recommendation under |
|
Subsection (a) [request] must explain in detail the reason for the |
|
recommendation [request]. The recommendation [request] must be |
|
accompanied by a supporting certificate of medical examination for |
|
mental illness signed by a physician who examined the patient |
|
during the seven days preceding the recommendation [request]. |
|
(c) The patient shall be given notice of a facility |
|
administrator's recommendation under Subsection (a) [the request]. |
|
(d) On request of the patient or any other interested |
|
person, the court shall hold a hearing on a facility |
|
administrator's recommendation that the court modify the |
|
commitment order [the request]. The court shall appoint an |
|
attorney to represent the patient at the hearing and shall consult |
|
with the local mental health authority before issuing a decision. |
|
The hearing shall be held before the court without a jury and as |
|
prescribed by Section 574.031. The patient shall be represented by |
|
an attorney and receive proper notice. |
|
(e) If a hearing is not requested, the court may make a [the] |
|
decision regarding a facility administrator's recommendation based |
|
on: |
|
(1) [solely from] the recommendation; |
|
(2) [request and] the supporting certificate; and |
|
(3) consultation with the local mental health |
|
authority concerning available resources to treat the patient. |
|
(h) A modified order may [not] extend beyond the term of the |
|
original order, but may not exceed the term of the original order by |
|
60 days. |
|
SECTION 19. Subchapter E, Chapter 574, Health and Safety |
|
Code, is amended by adding Section 574.0665 to read as follows: |
|
Sec. 574.0665. STATUS CONFERENCE. A court on its own motion |
|
may set a status conference with the patient, the patient's |
|
attorney, and the person designated to be responsible for the |
|
patient's court-ordered outpatient services under Section 574.037. |
|
SECTION 20. Section 574.069(e), Health and Safety Code, is |
|
amended to read as follows: |
|
(e) The court shall dismiss the request if the court finds |
|
from clear and convincing evidence that the patient continues to |
|
meet the criteria for court-ordered extended mental health services |
|
prescribed by Section 574.035 or 574.0355. |
|
SECTION 21. Section 574.081, Health and Safety Code, is |
|
amended by amending Subsections (b) and (c) and adding Subsections |
|
(a-1), (a-2), and (c-1) to read as follows: |
|
(a-1) In this section, "state hospital" means a mental |
|
health facility that: |
|
(1) can provide 24-hour residential and psychiatric |
|
services; and |
|
(2) is a facility operated by the department. |
|
(a-2) Subject to available resources, Subsection (a) |
|
applies to a patient scheduled to be furloughed or discharged from a |
|
state hospital or a private mental health facility if the patient's |
|
treatment at the state hospital or private mental health facility |
|
occurs under a contract and private psychiatric bed statement of |
|
work between the state hospital or private mental health facility |
|
and the commission. |
|
(b) The physician shall prepare the plan as prescribed by |
|
commission [department] rules and shall consult the patient and the |
|
local mental health authority in the area in which the patient will |
|
reside before preparing the plan. The local mental health |
|
authority shall be informed of and must participate in planning the |
|
discharge of a patient [is not required to participate in preparing
|
|
a plan for a patient furloughed or discharged from a private mental
|
|
health facility]. |
|
(c) The plan must address the patient's mental health and |
|
physical needs, including, if appropriate: |
|
(1) the need for outpatient mental health services |
|
following furlough or discharge; and |
|
(2) the need for sufficient psychoactive medication on |
|
furlough or discharge to last until the patient can see a |
|
physician[; and
|
|
[(2)
the person or entity that is responsible for
|
|
providing and paying for the medication]. |
|
(c-1) Except as otherwise specified in the plan and subject |
|
to available funding provided to the commission and paid to a |
|
private mental health facility for this purpose, a private mental |
|
health facility that is contracting with a local mental health |
|
authority is responsible for providing or paying for psychoactive |
|
medication and any other medication prescribed to the patient to |
|
counteract adverse side effects of psychoactive medication on |
|
furlough or discharge sufficient to last until the patient can see a |
|
physician. The commission shall adopt rules to determine the |
|
quantity and manner of providing psychoactive medication, as |
|
required by this section. The executive commissioner may not adopt |
|
rules requiring a mental health facility to provide or pay for |
|
psychoactive medication for more than seven days after furlough or |
|
discharge. |
|
SECTION 22. Sections 574.104(a), (b), and (d), Health and |
|
Safety Code, are amended to read as follows: |
|
(a) A physician who is treating a patient may, on behalf of |
|
the state, file an application in a probate court or a court with |
|
probate jurisdiction for an order to authorize the administration |
|
of a psychoactive medication regardless of the patient's refusal |
|
if: |
|
(1) the physician believes that the patient lacks the |
|
capacity to make a decision regarding the administration of the |
|
psychoactive medication; |
|
(2) the physician determines that the medication is |
|
the proper course of treatment for the patient; |
|
(3) the patient is under an order for inpatient mental |
|
health services under this chapter or other law or an application |
|
for court-ordered mental health services under Section 574.034, |
|
574.0345, [or] 574.035, or 574.0355 has been filed for the patient; |
|
and |
|
(4) the patient, verbally or by other indication, |
|
refuses to take the medication voluntarily. |
|
(b) An application filed under this section must state: |
|
(1) that the physician believes that the patient lacks |
|
the capacity to make a decision regarding administration of the |
|
psychoactive medication and the reasons for that belief; |
|
(2) each medication the physician wants the court to |
|
compel the patient to take; |
|
(3) whether an application for court-ordered mental |
|
health services under Section 574.034, 574.0345, [or] 574.035, or |
|
574.0355 has been filed; |
|
(4) whether a court order for inpatient mental health |
|
services for the patient has been issued and, if so, under what |
|
authority it was issued; |
|
(5) the physician's diagnosis of the patient; and |
|
(6) the proposed method for administering the |
|
medication and, if the method is not customary, an explanation |
|
justifying the departure from the customary methods. |
|
(d) The hearing on the application may be held on the date of |
|
a hearing on an application for court-ordered mental health |
|
services under Section 574.034, 574.0345, [or] 574.035, or 574.0355 |
|
but shall be held not later than 30 days after the filing of the |
|
application for the order to authorize psychoactive medication. If |
|
the hearing is not held on the same day as the application for |
|
court-ordered mental health services under those sections [Section
|
|
574.034 or 574.035] and the patient is transferred to a mental |
|
health facility in another county, the court may transfer the |
|
application for an order to authorize psychoactive medication to |
|
the county where the patient has been transferred. |
|
SECTION 23. Section 574.151, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 574.151. APPLICABILITY. This subchapter applies only |
|
to a person for whom a motion for court-ordered mental health |
|
services is filed under Section 574.001, for whom a final order on |
|
that motion has not been entered under Section 574.034, 574.0345, |
|
[or] 574.035, or 574.0355 and who requests voluntary admission to |
|
an inpatient mental health facility: |
|
(1) while the person is receiving at that facility |
|
involuntary inpatient services under Subchapter B or under Chapter |
|
573; or |
|
(2) before the 31st day after the date the person was |
|
released from that facility under Section 573.023 or 574.028. |
|
SECTION 24. Section 152.00164(b), Human Resources Code, is |
|
amended to read as follows: |
|
(b) Before a child who is identified as having a mental |
|
illness is discharged from the custody of the juvenile board or |
|
local juvenile probation department under Section 152.00163(b), |
|
the juvenile board or local juvenile probation department shall |
|
arrange for a psychiatrist to examine the child. The juvenile board |
|
or local juvenile probation department shall refer a child |
|
requiring outpatient psychiatric treatment to the appropriate |
|
mental health authority. For a child requiring inpatient |
|
psychiatric treatment, the juvenile board or local juvenile |
|
probation department shall file a sworn application for |
|
court-ordered mental health services, as provided in Subchapter C, |
|
Chapter 574, Health and Safety Code, if: |
|
(1) the child is not receiving court-ordered mental |
|
health services; and |
|
(2) the psychiatrist who examined the child determines |
|
that the child has a mental illness and the child meets at least one |
|
of the criteria listed in Section 574.034 or 574.035, Health and |
|
Safety Code. |
|
SECTION 25. Section 244.012(b), Human Resources Code, is |
|
amended to read as follows: |
|
(b) Before a child who is identified as mentally ill is |
|
discharged from the department's custody under Section 244.011(b), |
|
a department psychiatrist shall examine the child. The department |
|
shall refer a child requiring outpatient psychiatric treatment to |
|
the appropriate mental health authority. For a child requiring |
|
inpatient psychiatric treatment, the department shall file a sworn |
|
application for court-ordered mental health services, as provided |
|
in Subchapter C, Chapter 574, Health and Safety Code, if: |
|
(1) the child is not receiving court-ordered mental |
|
health services; and |
|
(2) the psychiatrist who examined the child determines |
|
that the child is mentally ill and the child meets at least one of |
|
the criteria listed in Section 574.034 or 574.035, Health and |
|
Safety Code. |
|
SECTION 26. The Supreme Court shall: |
|
(1) adopt rules to streamline and promote the |
|
efficiency of court processes under Chapter 573, Health and Safety |
|
Code; and |
|
(2) adopt rules or implement other measures to create |
|
consistency and increase access to the judicial branch for mental |
|
health issues. |
|
SECTION 27. The following sections of the Health and Safety |
|
Code are repealed: |
|
(1) Sections 574.034(b), (e), and (f); and |
|
(2) Sections 574.035(b), (f), and (g). |
|
SECTION 28. The Health and Human Services Commission is |
|
required to implement a provision of this Act only if the |
|
legislature appropriates money specifically for that purpose. If |
|
the legislature does not appropriate money specifically for that |
|
purpose, the Health and Human Services Commission may, but is not |
|
required to, implement a provision of this Act using other |
|
appropriations available for that purpose. |
|
SECTION 29. The changes in law made by this Act to Chapter |
|
574, Health and Safety Code, apply to a commitment proceeding under |
|
that chapter that occurs on or after the effective date of this Act, |
|
regardless of whether conduct of a proposed patient being evaluated |
|
for that purpose occurred before, on, or after the effective date of |
|
this Act. |
|
SECTION 30. The changes in law made by this Act to Article |
|
16.22, Code of Criminal Procedure, and Chapter 574, Health and |
|
Safety Code, apply to a proceeding for court-ordered mental health |
|
services that occurs on or after the effective date of this Act, |
|
regardless of when an offense with which the defendant is charged |
|
was committed. |
|
SECTION 31. This Act takes effect September 1, 2019. |
|
|
|
* * * * * |