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A BILL TO BE ENTITLED
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AN ACT
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relating to criminal or juvenile procedures regarding persons who |
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are or may be persons with a mental illness or intellectual |
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disability. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 8(a), Article 42.09, Code of Criminal |
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Procedure, is amended to read as follows: |
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(a) A county that transfers a defendant to the Texas |
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Department of Criminal Justice under this article shall deliver to |
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an officer designated by the department: |
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(1) a copy of the judgment entered pursuant to Article |
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42.01, completed on a standardized felony judgment form described |
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by Section 4 of that article; |
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(2) a copy of any order revoking community supervision |
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and imposing sentence pursuant to Article 42A.755, including: |
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(A) any amounts owed for restitution, fines, and |
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court costs, completed on a standardized felony judgment form |
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described by Section 4, Article 42.01; and |
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(B) a copy of the client supervision plan |
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prepared for the defendant by the community supervision and |
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corrections department supervising the defendant, if such a plan |
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was prepared; |
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(3) a written report that states the nature and the |
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seriousness of each offense and that states the citation to the |
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provision or provisions of the Penal Code or other law under which |
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the defendant was convicted; |
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(4) a copy of the victim impact statement, if one has |
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been prepared in the case under Article 56.03; |
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(5) a statement as to whether there was a change in |
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venue in the case and, if so, the names of the county prosecuting |
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the offense and the county in which the case was tried; |
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(6) if requested, information regarding the criminal |
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history of the defendant, including the defendant's state |
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identification number if the number has been issued; |
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(7) a copy of the indictment or information for each |
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offense; |
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(8) a checklist sent by the department to the county |
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and completed by the county in a manner indicating that the |
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documents required by this subsection and Subsection (c) accompany |
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the defendant; |
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(9) if prepared, a copy of a presentence or |
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postsentence report prepared under Subchapter F, Chapter 42A; |
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(10) a copy of any detainer, issued by an agency of the |
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federal government, that is in the possession of the county and that |
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has been placed on the defendant; |
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(11) if prepared, a copy of the defendant's Texas |
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Uniform Health Status Update Form; [and] |
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(12) a written description of a hold or warrant, |
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issued by any other jurisdiction, that the county is aware of and |
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that has been placed on or issued for the defendant; and |
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(13) a copy of any mental health records, mental |
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health screening reports, or similar information regarding the |
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mental health of the defendant. |
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SECTION 2. Article 46B.001, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 46B.001. DEFINITIONS. In this chapter: |
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(1) "Adaptive behavior" means the effectiveness with |
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or degree to which a person meets the standards of personal |
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independence and social responsibility expected of the person's age |
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and cultural group. |
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(2) "Commission" means the Health and Human Services |
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Commission. |
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(3) "Competency restoration" means the treatment or |
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education process for restoring a person's ability to consult with |
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the person's attorney with a reasonable degree of rational |
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understanding, including a rational and factual understanding of |
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the court proceedings and charges against the person. |
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(4) "Developmental period" means the period of a |
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person's life from birth through 17 years of age. |
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(5) "Electronic broadcast system" means a two-way |
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electronic communication of image and sound between the defendant |
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and the court and includes secure Internet videoconferencing. |
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(6) "Executive commissioner" means the executive |
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commissioner of the Health and Human Services Commission. |
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(7) "Inpatient mental health facility" has the meaning |
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assigned by Section 571.003, Health and Safety Code. |
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(8) [(2)] "Intellectual disability" means |
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significantly subaverage general intellectual functioning that is |
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concurrent with deficits in adaptive behavior and originates during |
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the developmental period [has the meaning assigned by Section
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591.003, Health and Safety Code]. |
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(9) [(3)] "Local mental health authority" has the |
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meaning assigned by Section 571.003, Health and Safety Code. |
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(10) [(4)] "Local intellectual and developmental |
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disability authority" has the meaning assigned by Section 531.002, |
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Health and Safety Code. |
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(11) [(5)] "Mental health facility" has the meaning |
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assigned by Section 571.003, Health and Safety Code. |
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(12) [(6)] "Mental illness" means an illness, |
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disease, or condition, other than epilepsy, dementia, substance |
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abuse, or intellectual disability, that grossly impairs: |
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(A) a person's thought, perception of reality, |
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emotional process, or judgment; or |
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(B) behavior as demonstrated by recent disturbed |
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behavior [has the meaning assigned by Section 571.003, Health and
|
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Safety Code]. |
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(13) [(7)] "Residential care facility" has the |
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meaning assigned by Section 591.003, Health and Safety Code. |
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(14) "Subaverage general intellectual functioning" |
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means a measured intelligence two or more standard deviations below |
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the age-group mean, using a standardized psychometric instrument. |
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[(8)
"Electronic broadcast system" means a two-way
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electronic communication of image and sound between the defendant
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and the court and includes secure Internet videoconferencing.
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[(9)
"Competency restoration" means the treatment or
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education process for restoring a person's ability to consult with
|
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the person's attorney with a reasonable degree of rational
|
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understanding, including a rational and factual understanding of
|
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the court proceedings and charges against the person.] |
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SECTION 3. Article 46B.073(c), Code of Criminal Procedure, |
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|
is amended to read as follows: |
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(c) If the defendant is charged with an offense listed in |
|
|
Article 17.032(a)[, other than an offense under Section
|
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|
22.01(a)(1), Penal Code,] or if the indictment alleges an |
|
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affirmative finding under Article 42A.054(c) or (d), the court |
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shall enter an order committing the defendant for competency |
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restoration services to a [the maximum security unit of any] |
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facility designated by the commission [Department of State Health
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Services, to an agency of the United States operating a mental
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hospital, or to a Department of Veterans Affairs hospital]. |
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SECTION 4. Subchapter D, Chapter 46B, Code of Criminal |
|
|
Procedure, is amended by adding Article 46B.0831 to read as |
|
|
follows: |
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Art. 46B.0831. DETERMINATION WHETHER DEFENDANT IS |
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MANIFESTLY DANGEROUS. A defendant committed to a maximum security |
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unit by the commission may be assessed, at any time before the |
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defendant is restored to competency, by the review board |
|
|
established under Section 46B.105 to determine whether the |
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defendant is manifestly dangerous. If the review board determines |
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the defendant is not manifestly dangerous, the commission shall |
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transfer the defendant to a nonsecure facility designated by the |
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commission. |
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SECTION 5. Article 46B.104, Code of Criminal Procedure, is |
|
|
amended to read as follows: |
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|
Art. 46B.104. CIVIL COMMITMENT PLACEMENT: FINDING OF |
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VIOLENCE. A defendant committed to a facility as a result of |
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|
proceedings initiated under this chapter shall be committed to the |
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[maximum security unit of any] facility designated by the |
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commission [Department of State Health Services] if: |
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|
(1) the defendant is charged with an offense listed in |
|
|
Article 17.032(a)[, other than an offense listed in Article
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17.032(a)(6)]; or |
|
|
(2) the indictment charging the offense alleges an |
|
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affirmative finding under Article 42A.054(c) or (d). |
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SECTION 6. Articles 46B.105(a), (b), and (e), Code of |
|
|
Criminal Procedure, are amended to read as follows: |
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(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. |
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(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 |
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|
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, |
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|
the matter shall be referred to the executive commissioner [of
|
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|
state health services]. The executive commissioner shall decide |
|
|
whether the defendant is manifestly dangerous. |
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|
SECTION 7. 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
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|
Disability Services, as appropriate]; or |
|
|
(2) an outpatient treatment program. |
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SECTION 8. Articles 46B.107(a) and (d), Code of Criminal |
|
|
Procedure, are amended to read as follows: |
|
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(a) The release of a defendant committed under this chapter |
|
|
from the commission [Department of State Health Services, the
|
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|
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
|
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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 9. 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
|
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|
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 10. 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 11. 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 12. 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 13. 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 14. 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 15. 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 16. 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 17. 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 18. 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 19. 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. |
|
|
|
|
|
* * * * * |