86R31010 GCB-F
 
  By: Zaffirini, et al. S.B. No. 562
 
  (Price, Collier)
 
  Substitute the following for S.B. No. 562:  No.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to criminal or juvenile procedures regarding persons who
  are or may be persons with a mental illness or intellectual
  disability.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 8(a), Article 42.09, Code of Criminal
  Procedure, is amended to read as follows:
         (a)  A county that transfers a defendant to the Texas
  Department of Criminal Justice under this article shall deliver to
  an officer designated by the department:
               (1)  a copy of the judgment entered pursuant to Article
  42.01, completed on a standardized felony judgment form described
  by Section 4 of that article;
               (2)  a copy of any order revoking community supervision
  and imposing sentence pursuant to Article 42A.755, including:
                     (A)  any amounts owed for restitution, fines, and
  court costs, completed on a standardized felony judgment form
  described by Section 4, Article 42.01; and
                     (B)  a copy of the client supervision plan
  prepared for the defendant by the community supervision and
  corrections department supervising the defendant, if such a plan
  was prepared;
               (3)  a written report that states the nature and the
  seriousness of each offense and that states the citation to the
  provision or provisions of the Penal Code or other law under which
  the defendant was convicted;
               (4)  a copy of the victim impact statement, if one has
  been prepared in the case under Article 56.03;
               (5)  a statement as to whether there was a change in
  venue in the case and, if so, the names of the county prosecuting
  the offense and the county in which the case was tried;
               (6)  if requested, information regarding the criminal
  history of the defendant, including the defendant's state
  identification number if the number has been issued;
               (7)  a copy of the indictment or information for each
  offense;
               (8)  a checklist sent by the department to the county
  and completed by the county in a manner indicating that the
  documents required by this subsection and Subsection (c) accompany
  the defendant;
               (9)  if prepared, a copy of a presentence or
  postsentence report prepared under Subchapter F, Chapter 42A;
               (10)  a copy of any detainer, issued by an agency of the
  federal government, that is in the possession of the county and that
  has been placed on the defendant;
               (11)  if prepared, a copy of the defendant's Texas
  Uniform Health Status Update Form; [and]
               (12)  a written description of a hold or warrant,
  issued by any other jurisdiction, that the county is aware of and
  that has been placed on or issued for the defendant; and
               (13)  a copy of any mental health records, mental
  health screening reports, or similar information regarding the
  mental health of the defendant.
         SECTION 2.  Article 46B.001, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 46B.001.  DEFINITIONS.  In this chapter:
               (1)  "Adaptive behavior" means the effectiveness with
  or degree to which a person meets the standards of personal
  independence and social responsibility expected of the person's age
  and cultural group.
               (2)  "Commission" means the Health and Human Services
  Commission.
               (3)  "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.
               (4)  "Developmental period" means the period of a
  person's life from birth through 17 years of age.
               (5)  "Electronic broadcast system" means a two-way
  electronic communication of image and sound between the defendant
  and the court and includes secure Internet videoconferencing.
               (6)  "Executive commissioner" means the executive
  commissioner of the Health and Human Services Commission.
               (7)  "Inpatient mental health facility" has the meaning
  assigned by Section 571.003, Health and Safety Code.
               (8) [(2)]  "Intellectual disability" means
  significantly subaverage general intellectual functioning that is
  concurrent with deficits in adaptive behavior and originates during
  the developmental period [has the meaning assigned by Section
  591.003, Health and Safety Code].
               (9) [(3)]  "Local mental health authority" has the
  meaning assigned by Section 571.003, Health and Safety Code.
               (10) [(4)]  "Local intellectual and developmental
  disability authority" has the meaning assigned by Section 531.002,
  Health and Safety Code.
               (11) [(5)]  "Mental health facility" has the meaning
  assigned by Section 571.003, Health and Safety Code.
               (12) [(6)]  "Mental illness" means an illness,
  disease, or condition, other than epilepsy, dementia, substance
  abuse, or intellectual disability, that grossly impairs:
                     (A)  a person's thought, perception of reality,
  emotional process, or judgment; or
                     (B)  behavior as demonstrated by recent disturbed
  behavior [has the meaning assigned by Section 571.003, Health and
  Safety Code].
               (13) [(7)]  "Residential care facility" has the
  meaning assigned by Section 591.003, Health and Safety Code.
               (14)  "Subaverage general intellectual functioning"
  means a measured intelligence two or more standard deviations below
  the age-group mean, using a standardized psychometric instrument.
               [(8)     "Electronic broadcast system" means a two-way
  electronic communication of image and sound between the defendant
  and the court and includes secure Internet videoconferencing.
               [(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.  Subchapter A, Chapter 46B, Code of Criminal
  Procedure, is amended by adding Article 46B.0021 to read as
  follows:
         Art. 46B.0021.  FACILITY DESIGNATION. The commission may
  designate for the commitment of a defendant under this chapter only
  a facility operated by the commission or under a contract with the
  commission for that purpose.
         SECTION 4.  Article 46B.073(c), Code of Criminal Procedure,
  is amended to read as follows:
         (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,] or if 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 a [the maximum security unit of any]
  facility designated by the commission [Department of State Health
  Services, to an agency of the United States operating a mental
  hospital, or to a Department of Veterans Affairs hospital].
         SECTION 5.  Subchapter D, Chapter 46B, Code of Criminal
  Procedure, is amended by adding Article 46B.0831 to read as
  follows:
         Art. 46B.0831.  DETERMINATION WHETHER DEFENDANT IS
  MANIFESTLY DANGEROUS. A defendant committed to a maximum security
  unit by the commission may be assessed, at any time before the
  defendant is restored to competency, by the review board
  established under Section 46B.105 to determine whether the
  defendant is manifestly dangerous.  If the review board determines
  the defendant is not manifestly dangerous, the commission shall
  transfer the defendant to a non-maximum security facility
  designated by the commission.
         SECTION 6.  Article 46B.104, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 46B.104.  CIVIL COMMITMENT PLACEMENT:  FINDING OF
  VIOLENCE. A defendant committed to a facility as a result of
  proceedings initiated under this chapter shall be committed to the
  [maximum security unit of any] facility designated by the
  commission [Department of State Health Services] if:
               (1)  the defendant is charged with an offense listed in
  Article 17.032(a)[, other than an offense listed in Article
  17.032(a)(6)]; or
               (2)  the indictment charging the offense alleges an
  affirmative finding under Article 42A.054(c) or (d).
         SECTION 7.  Articles 46B.105(a), (b), and (e), Code of
  Criminal Procedure, are amended to read as follows:
         (a)  Unless a defendant committed to a maximum security unit
  by the commission is determined to be manifestly dangerous by a
  review board established under Subsection (b), not later than the
  60th day after the date the defendant arrives at the maximum
  security unit, the defendant shall be transferred to:
               (1)  a unit of an inpatient mental health facility
  other than a maximum security unit;
               (2)  a residential care facility; or
               (3)  a program designated by a local mental health
  authority or a local intellectual and developmental disability
  authority.
         (b)  The executive commissioner [of state health services]
  shall appoint a review board of five members, including one
  psychiatrist licensed to practice medicine in this state and two
  persons who work directly with persons with mental illness or an
  intellectual disability, to determine whether the defendant is
  manifestly dangerous and, as a result of the danger the defendant
  presents, requires continued placement in a maximum security unit.
         (e)  If the superintendent of the facility at which the
  maximum security unit is located disagrees with the determination,
  the matter shall be referred to the executive commissioner [of
  state health services].  The executive commissioner shall decide
  whether the defendant is manifestly dangerous.
         SECTION 8.  Article 46B.106(a), Code of Criminal Procedure,
  is amended to read as follows:
         (a)  A defendant committed to a facility as a result of the
  proceedings initiated under this chapter, other than a defendant
  described by Article 46B.104, shall be committed to:
               (1)  a facility designated by the commission
  [Department of State Health Services or the Department of Aging and
  Disability Services, as appropriate]; or
               (2)  an outpatient treatment program.
         SECTION 9.  Articles 46B.107(a) and (d), Code of Criminal
  Procedure, are amended to read as follows:
         (a)  The release of a defendant committed under this chapter
  from the commission [Department of State Health Services, the
  Department of Aging and Disability Services], an outpatient
  treatment program, or another facility is subject to disapproval by
  the committing court if the court or the attorney representing the
  state has notified the head of the facility or outpatient treatment
  provider, as applicable, to which the defendant has been committed
  that a criminal charge remains pending against the defendant.
         (d)  The court shall, on receiving notice from the head of a
  facility or outpatient treatment provider of intent to release the
  defendant under Subsection (b) [may, on motion of the attorney
  representing the state or on its own motion], hold a hearing to
  determine whether release is appropriate under the applicable
  criteria in Subtitle C or D, Title 7, Health and Safety Code. The
  court may, on motion of the attorney representing the state or on
  its own motion, hold a hearing to determine whether release is
  appropriate under the applicable criteria in Subtitle C or D, Title
  7, Health and Safety Code, regardless of whether the court receives
  notice that the head of a facility or outpatient treatment provider
  provides notice of intent to release the defendant under Subsection
  (b). The court may conduct the hearing:
               (1)  at the facility; or
               (2)  by means of an electronic broadcast system as
  provided by Article 46B.013.
         SECTION 10.  Article 46B.151(c), Code of Criminal Procedure,
  is amended to read as follows:
         (c)  Notwithstanding Subsection (b), a defendant placed in a
  facility of the commission [Department of State Health Services or
  the Department of Aging and Disability Services] pending civil
  hearing under this article may be detained in that facility only
  with the consent of the head of the facility and pursuant to an
  order of protective custody issued under Subtitle C, Title 7,
  Health and Safety Code.
         SECTION 11.  Articles 46C.001(1) and (2), Code of Criminal
  Procedure, are amended to read as follows:
               (1)  "Commission" means the Health and Human Services
  Commission ["Commissioner" means the commissioner of state health
  services].
               (2)  "Executive commissioner" means the executive
  commissioner of the Health and Human Services Commission
  ["Department" means the Department of State Health Services].
         SECTION 12.  Subchapter A, Chapter 46C, Code of Criminal
  Procedure, is amended by adding Article 46C.0011 to read as
  follows:
         Art. 46C.0011.  FACILITY DESIGNATION. The commission may
  designate for the commitment of a defendant under this chapter only
  a facility operated by the commission or under a contract with the
  commission for that purpose.
         SECTION 13.  Article 46C.104, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 46C.104.  ORDER COMPELLING DEFENDANT TO SUBMIT TO
  EXAMINATION. (a)  For the purposes described by this chapter, the
  court may order any defendant to submit to examination, including a
  defendant who is free on bail.  If the defendant fails or refuses to
  submit to examination, the court may order the defendant to custody
  for examination for a reasonable period not to exceed 21
  days.  Custody ordered by the court under this subsection may
  include custody at a facility operated by the commission 
  [department].
         (b)  If a defendant who has been ordered to a facility
  operated by the commission [department] for examination remains in
  the facility for a period that exceeds 21 days, the head of that
  facility shall cause the defendant to be immediately transported to
  the committing court and placed in the custody of the sheriff of the
  county in which the committing court is located.  That county shall
  reimburse the facility for the mileage and per diem expenses of the
  personnel required to transport the defendant, calculated in
  accordance with the state travel rules in effect at that time.
         (c)  The court may not order a defendant to a facility
  operated by the commission [department] for examination without the
  consent of the head of that facility.
         SECTION 14.  Article 46C.106(b), Code of Criminal Procedure,
  is amended to read as follows:
         (b)  The county in which the indictment was returned or
  information was filed shall reimburse a facility operated by the
  commission [department] that accepts a defendant for examination
  under this subchapter for expenses incurred that are determined by
  the commission [department] to be reasonably necessary and
  incidental to the proper examination of the defendant.
         SECTION 15.  Article 46C.160(b), Code of Criminal Procedure,
  is amended to read as follows:
         (b)  The court may order a defendant detained in a facility
  of the commission [department or a facility of the Department of
  Aging and Disability Services] under this article only with the
  consent of the head of the facility.
         SECTION 16.  Article 46C.202(a), Code of Criminal Procedure,
  is amended to read as follows:
         (a)  Notwithstanding Article 46C.201(b), a person placed in
  a commission [department] facility [or a facility of the Department
  of Aging and Disability Services] pending civil hearing as
  described by that subsection may be detained only with the consent
  of the head of the facility and under an Order of Protective Custody
  issued under Subtitle C or D, Title 7, Health and Safety Code.
         SECTION 17.  Articles 46C.251(a) and (b), Code of Criminal
  Procedure, are amended to read as follows:
         (a)  The court shall order the acquitted person to be
  committed for evaluation of the person's present mental condition
  and for treatment to the [maximum security unit of any] facility
  designated by the commission [department].  The period of
  commitment under this article may not exceed 30 days.
         (b)  The court shall order that:
               (1)  a transcript of all medical testimony received in
  the criminal proceeding be prepared as soon as possible by the court
  reporter and the transcript be forwarded to the facility to which
  the acquitted person is committed; and
               (2)  the following information be forwarded to the
  facility and[, as applicable,] to the commission [department or the
  Department of Aging and Disability Services]:
                     (A)  the complete name, race, and gender of the
  person;
                     (B)  any known identifying number of the person,
  including social security number, driver's license number, or state
  identification number;
                     (C)  the person's date of birth; and
                     (D)  the offense of which the person was found not
  guilty by reason of insanity and a statement of the facts and
  circumstances surrounding the alleged offense.
         SECTION 18.  Article 46C.260, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 46C.260.  TRANSFER OF COMMITTED PERSON TO NON-MAXIMUM
  SECURITY [NONSECURE] FACILITY. (a)  A person committed to a
  facility under this subchapter shall be committed to a [the maximum
  security unit of any] facility designated by the commission
  [department].
         (b)  A person committed under this subchapter shall be
  transferred to the designated facility [maximum security unit]
  immediately on the entry of the order of commitment.
         (c)  Unless a [the] person committed to a maximum security
  unit by the commission is determined to be manifestly dangerous by a
  review board under this article [within the department], not later
  than the 60th day following the date of the person's arrival at the
  maximum security unit the person shall be transferred to a
  non-maximum security [nonsecure] unit of a facility designated by
  the commission [department or the Department of Aging and
  Disability Services, as appropriate].
         (d)  The executive commissioner shall appoint a review board
  of five members, including one psychiatrist licensed to practice
  medicine in this state and two persons who work directly with
  persons with mental illnesses or with mental retardation, to
  determine whether the person is manifestly dangerous and, as a
  result of the danger the person presents, requires continued
  placement in a maximum security unit.
         (e)  If the head of the facility at which the maximum
  security unit is located disagrees with the determination, then the
  matter shall be referred to the executive commissioner.  The
  executive commissioner shall decide whether the person is
  manifestly dangerous.
         SECTION 19.  Section 532.013(a), Health and Safety Code, is
  amended to read as follows:
         (a)  In this section:
               (1)  "Forensic patient" means a person with mental
  illness or a person with an intellectual disability who is:
                     (A)  examined on the issue of competency to stand
  trial by an expert appointed under Subchapter B, Chapter 46B, Code
  of Criminal Procedure;
                     (B)  found incompetent to stand trial under
  Subchapter C, Chapter 46B, Code of Criminal Procedure;
                     (C)  committed to court-ordered mental health
  services under Subchapter E, Chapter 46B, Code of Criminal
  Procedure; [or]
                     (D)  found not guilty by reason of insanity under
  Chapter 46C, Code of Criminal Procedure;
                     (E)  examined on the issue of fitness to proceed
  with juvenile court proceedings by an expert appointed under
  Chapter 51, Family Code; or
                     (F)  found unfit to proceed under Subchapter C,
  Chapter 55, Family Code.
               (2)  "Forensic services" means a competency
  examination, competency restoration services, or mental health or
  intellectual disability services provided to a current or former
  forensic patient in the community or at a department facility.
         SECTION 20.  This Act applies only to a proceeding under the
  Code of Criminal Procedure that begins on or after the effective
  date of this Act, regardless of when the defendant committed the
  underlying offense for which the defendant became subject to the
  proceeding.  A proceeding that begins before the effective date of
  this Act is governed by the law in effect on the date the proceeding
  began, and the former law is continued in effect for that purpose.
         SECTION 21.  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.