87R5371 YDB-D
 
  By: Canales H.B. No. 1999
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a specialty mental health court program for juveniles.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 125.001, Government Code, is amended by
  amending Subsection (a) and adding Subsection (c) to read as
  follows:
         (a)  In this chapter, "mental health court program" means a
  program that has the following essential characteristics:
               (1)  the integration of mental illness treatment
  services and intellectual or developmental disability [mental
  retardation] services in the processing of cases in the judicial
  system;
               (2)  the use of a nonadversarial approach involving
  prosecutors and defense attorneys to promote public safety and to
  protect the due process rights of program participants;
               (3)  early identification and prompt placement of
  eligible participants in the program;
               (4)  access to mental illness treatment services and
  intellectual or developmental disability [mental retardation]
  services;
               (5)  ongoing judicial interaction with program
  participants;
               (6)  diversion of potentially mentally ill or
  intellectually or developmentally disabled [mentally retarded]
  defendants or children to needed services as an alternative to
  subjecting those defendants or children to the criminal or juvenile
  justice system;
               (7)  monitoring and evaluation of program goals and
  effectiveness;
               (8)  continuing interdisciplinary education to promote
  effective program planning, implementation, and operations; and
               (9)  development of partnerships with public agencies
  and community organizations, including local mental health
  [retardation] authorities providing intellectual or developmental
  disability services.
         (c)  If a child successfully completes a mental health court
  program for juveniles, after notice to the attorney representing
  the state and a hearing in the mental health court at which that
  court determines that a dismissal is in the best interest of
  justice, the court shall provide to the juvenile court in which the
  juvenile case is pending information about the dismissal and shall
  include all records relating to the child. The juvenile court in
  which the juvenile case is pending shall dismiss the case against
  the child and, on the court's own motion and without a hearing, may,
  with the consent of the attorney representing the state, order the
  sealing of records relating to the child.
         SECTION 2.  Section 125.002, Government Code, is amended to
  read as follows:
         Sec. 125.002.  AUTHORITY TO ESTABLISH PROGRAM. The
  commissioners court of a county may establish a mental health court
  program for persons who:
               (1)  have been:
                     (A)  arrested for or charged with a misdemeanor or
  felony; or
                     (B)  referred to a juvenile court or alleged by a
  petition to have engaged in delinquent conduct or conduct
  indicating a need for supervision; and
               (2)  are suspected by a law enforcement agency or a
  court of having a mental illness or an intellectual or
  developmental disability [mental retardation].
         SECTION 3.  Section 125.003, Government Code, is amended by
  amending Subsection (a) and adding Subsection (c) to read as
  follows:
         (a)  A mental health court program established under Section
  125.002:
               (1)  may handle all issues arising under:
                     (A)  Articles 16.22 and 17.032, Code of Criminal
  Procedure, and Chapter 46B, Code of Criminal Procedure; and
                     (B)  Section 51.20(a), Family Code, and
  Subchapters B and C, Chapter 55, Family Code; and
               (2)  except as provided by Subsection (c), must:
                     (A)  ensure a person eligible for the program is
  provided legal counsel before volunteering to proceed through the
  mental health court program and while participating in the program;
                     (B)  allow a person, if eligible for the program,
  to choose whether to proceed through the mental health court
  program or proceed through the regular criminal justice system or
  juvenile justice system, as applicable;
                     (C)  allow a participant to withdraw from the
  mental health court program at any time before a trial on the merits
  has been initiated;
                     (D)  provide a participant with a court-ordered
  individualized treatment plan indicating the services that will be
  provided to the participant; and
                     (E)  ensure that the jurisdiction of the mental
  health court extends at least six months but does not extend beyond
  the probationary period for the offense or conduct charged if the
  probationary period is longer than six months.
         (c)  If a child is eligible for or is a participant in a
  mental health court program, a decision to participate in or
  withdraw from the program under Subsection (a) requires the consent
  of the child's parent, guardian, or conservator.
         SECTION 4.  Section 125.004, Government Code, is amended to
  read as follows:
         Sec. 125.004.  PARTICIPANT PAYMENT FOR TREATMENT AND
  SERVICES. A mental health court program may require an adult [a]
  participant or a parent, guardian, or conservator of a child
  participant to pay the cost of all treatment and services the
  participant received while participating in the program, based on
  the [participant's] ability to pay.
         SECTION 5.  Section 125.005(a), Government Code, is amended
  to read as follows:
         (a)  The commissioners court of a county with a population of
  more than 200,000 shall:
               (1)  establish a mental health court program, including
  a separate program for juveniles, under Section 125.002; and
               (2)  direct the judge, magistrate, or coordinator to
  comply with Section 121.002(c)(1).
         SECTION 6.  This Act takes effect September 1, 2021.