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A BILL TO BE ENTITLED
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AN ACT
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relating to a specialty mental health court program for juveniles. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 125.001, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) In this chapter, "mental health court program" means a |
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program that has the following essential characteristics: |
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(1) the integration of mental illness treatment |
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services and intellectual or developmental disability [mental |
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retardation] services in the processing of cases in the judicial |
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system; |
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(2) the use of a nonadversarial approach involving |
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prosecutors and defense attorneys to promote public safety and to |
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protect the due process rights of program participants; |
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(3) early identification and prompt placement of |
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eligible participants in the program; |
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(4) access to mental illness treatment services and |
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intellectual or developmental disability [mental retardation] |
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services; |
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(5) ongoing judicial interaction with program |
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participants; |
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(6) diversion of potentially mentally ill or |
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intellectually or developmentally disabled [mentally retarded] |
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defendants or children to needed services as an alternative to |
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subjecting those defendants or children to the criminal or juvenile |
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justice system; |
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(7) monitoring and evaluation of program goals and |
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effectiveness; |
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(8) continuing interdisciplinary education to promote |
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effective program planning, implementation, and operations; and |
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(9) development of partnerships with public agencies |
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and community organizations, including local mental health |
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[retardation] authorities providing intellectual or developmental |
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disability services. |
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(c) If a child successfully completes a mental health court |
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program for juveniles, after notice to the attorney representing |
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the state and a hearing in the mental health court at which that |
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court determines that a dismissal is in the best interest of |
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justice, the court shall provide to the juvenile court in which the |
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juvenile case is pending information about the dismissal and shall |
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include all records relating to the child. The juvenile court in |
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which the juvenile case is pending shall dismiss the case against |
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the child and, on the court's own motion and without a hearing, may, |
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with the consent of the attorney representing the state, order the |
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sealing of records relating to the child. |
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SECTION 2. Section 125.002, Government Code, is amended to |
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read as follows: |
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Sec. 125.002. AUTHORITY TO ESTABLISH PROGRAM. The |
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commissioners court of a county may establish a mental health court |
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program for persons who: |
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(1) have been: |
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(A) arrested for or charged with a misdemeanor or |
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felony; or |
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(B) referred to a juvenile court or alleged by a |
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petition to have engaged in delinquent conduct or conduct |
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indicating a need for supervision; and |
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(2) are suspected by a law enforcement agency or a |
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court of having a mental illness or an intellectual or |
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developmental disability [mental retardation]. |
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SECTION 3. Section 125.003, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) A mental health court program established under Section |
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125.002: |
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(1) may handle all issues arising under: |
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(A) Articles 16.22 and 17.032, Code of Criminal |
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Procedure, and Chapter 46B, Code of Criminal Procedure; and |
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(B) Section 51.20(a), Family Code, and |
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Subchapters B and C, Chapter 55, Family Code; and |
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(2) except as provided by Subsection (c), must: |
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(A) ensure a person eligible for the program is |
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provided legal counsel before volunteering to proceed through the |
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mental health court program and while participating in the program; |
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(B) allow a person, if eligible for the program, |
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to choose whether to proceed through the mental health court |
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program or proceed through the regular criminal justice system or |
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juvenile justice system, as applicable; |
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(C) allow a participant to withdraw from the |
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mental health court program at any time before a trial on the merits |
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has been initiated; |
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(D) provide a participant with a court-ordered |
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individualized treatment plan indicating the services that will be |
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provided to the participant; and |
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(E) ensure that the jurisdiction of the mental |
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health court extends at least six months but does not extend beyond |
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the probationary period for the offense or conduct charged if the |
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probationary period is longer than six months. |
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(c) If a child is eligible for or is a participant in a |
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mental health court program, a decision to participate in or |
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withdraw from the program under Subsection (a) requires the consent |
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of the child's parent, guardian, or conservator. |
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SECTION 4. Section 125.004, Government Code, is amended to |
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read as follows: |
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Sec. 125.004. PARTICIPANT PAYMENT FOR TREATMENT AND |
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SERVICES. A mental health court program may require an adult [a] |
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participant or a parent, guardian, or conservator of a child |
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participant to pay the cost of all treatment and services the |
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participant received while participating in the program, based on |
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the [participant's] ability to pay. |
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SECTION 5. Section 125.005(a), Government Code, is amended |
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to read as follows: |
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(a) The commissioners court of a county with a population of |
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more than 200,000 shall: |
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(1) establish a mental health court program, including |
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a separate program for juveniles, under Section 125.002; and |
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(2) direct the judge, magistrate, or coordinator to |
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comply with Section 121.002(c)(1). |
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SECTION 6. This Act takes effect September 1, 2021. |