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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of a mental health jail diversion pilot |
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program in Bexar County. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 7, Health and Safety Code, is |
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amended by adding Chapter 581 to read as follows: |
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CHAPTER 581. MENTAL HEALTH JAIL DIVERSION PILOT PROGRAM; BEXAR |
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COUNTY |
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Sec. 581.001. DEFINITIONS. In this chapter: |
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(1) "Commission" means the Health and Human Services |
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Commission. |
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(2) "Texas Vista Medical Center" means the hospital of |
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that name, formerly known as Southwest General Hospital, that is |
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located in Bexar County. |
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Sec. 581.002. MENTAL HEALTH JAIL DIVERSION PILOT PROGRAM. |
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The commission, in cooperation with the local mental health |
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authority that serves Bexar County, shall establish a pilot program |
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in Bexar County for the purpose of reducing recidivism and the |
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frequency of arrests, incarceration, and emergency detentions |
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among persons with mental illness in that county. |
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Sec. 581.003. CRIMINAL JUSTICE MENTAL HEALTH SERVICE MODEL. |
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The local mental health authority that serves Bexar County shall |
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design and test through the pilot program a criminal justice mental |
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health service model oriented toward facilitating treatment for |
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persons with mental illness and substance use disorders to reduce |
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recidivism and the frequency of arrests, incarceration, and |
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emergency detentions among persons with mental illness in Bexar |
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County. The model must include evidence-based practices, |
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including: |
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(1) psychiatric services; |
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(2) substance use disorder treatments; |
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(3) treatment for co-occurring mental health and |
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substance use disorders; |
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(4) integrated primary care, mental health, and |
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chemical dependency services; |
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(5) motivational interviews to decrease recidivism; |
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(6) methods to maintain sobriety; |
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(7) medical detoxification services; |
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(8) intensive case management to address social |
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determinants of health; |
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(9) local mental health authority hospital liaison |
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transitional services, including case management; |
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(10) medication-assisted treatment; and |
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(11) treatment of medical issues, including through |
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inpatient hospitalization if necessary. |
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Sec. 581.004. LOCAL SERVICES COORDINATION. In designing |
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the criminal justice mental health service model described by |
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Section 581.003, the local mental health authority that serves |
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Bexar County shall coordinate with University of the Incarnate Word |
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and Texas Vista Medical Center. In providing services under the |
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pilot program, the local mental health authority shall use |
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personnel enrolled in established post-graduate residency training |
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programs through the Texas Institute of Graduate Medical Education |
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and Research. For the purpose of the report required under Section |
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581.008 the local mental health authority shall: |
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(1) collaborate with the South Texas Crisis |
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Collaborative to collect and analyze information regarding rates of |
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recidivism and the frequency of arrests, incarceration, and |
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emergency detentions among persons served through the pilot |
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program; and |
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(2) provide the information and analysis described by |
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Subdivision (1) to the commission. |
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Sec. 581.005. PROGRAM CAPACITY. (a) In implementing the |
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pilot program, the commission shall ensure the program has the |
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resources to provide mental health and substance use disorder |
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treatment for incarceration diversion services for not fewer than |
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five inpatient beds and for stays of a period of 90 days. |
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(b) Before the commission implements the pilot program, the |
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commission and the local mental health authority that serves Bexar |
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County jointly shall establish clear criteria for identifying a |
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target population to be served by the program. The criteria must |
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prioritize serving a target population composed of members at high |
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risk of recidivism and with severe mental illness, substance use |
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disorders, or co-occurring mental illness and substance use |
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disorders. |
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(c) The local mental health authority that serves Bexar |
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County shall provide directly or through partnerships with other |
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community behavioral health organizations any outpatient services |
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included under the program as mental health and substance use |
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disorder treatment for incarceration diversion services. The |
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commission is not required to provide funding for outpatient |
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services provided under the program. |
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Sec. 581.006. FINANCING THE PROGRAM. (a) In consultation |
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with the local mental health authority that serves Bexar County and |
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Texas Vista Medical Center, the commission shall pay a case rate at |
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the rate at which services are funded for the pilot program. The |
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creation of the pilot program under this chapter is contingent on |
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funding from the commission for persons with mental illness or |
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substance use disorders provided by the state for the program. |
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(b) It is the intent of the legislature that appropriations |
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made to fund the pilot program are made in addition to and will not |
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reduce the amount of appropriations otherwise made to the local |
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mental health authority that serves Bexar County. |
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(c) The local mental health authority that serves Bexar |
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County may seek and receive gifts and grants from federal sources, |
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foundations, individuals, and other sources for the benefit of the |
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pilot program. |
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Sec. 581.007. INSPECTIONS. The commission may make |
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inspections of the operation of, and provision of mental health and |
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substance use disorder treatment for incarceration diversion |
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services through, the pilot program on behalf of the state to ensure |
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state funds are used effectively. |
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Sec. 581.008. REPORT. (a) Not later than December 1, 2022, |
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the executive commissioner shall evaluate and submit a report |
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concerning the effectiveness of the pilot program in reducing |
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recidivism and the frequency of arrests, incarceration, and |
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emergency detentions among persons with mental illness and |
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substance use disorders in Bexar County to the governor, the |
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lieutenant governor, the speaker of the house of representatives, |
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and the presiding officers of the standing committees of the senate |
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and house of representatives having primary jurisdiction over |
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health and human services issues and over criminal justice issues. |
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(b) The report must include a description of the features of |
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the criminal justice mental health service model designed and |
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tested under the pilot program and the executive commissioner's |
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recommendation whether to expand use of the model statewide. |
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(c) In conducting the evaluation required under Subsection |
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(a), the executive commissioner, using the information and analysis |
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provided by the local mental health authority that serves Bexar |
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County and the South Texas Crisis Collaborative, shall compare the |
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rate of recidivism in Bexar County among persons in the target |
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population before the date the pilot program is implemented in the |
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community to the rate of recidivism among those persons one year |
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after the date the program is implemented in the community. The |
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executive commissioner may include in the evaluation measures of |
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the effectiveness of the program related to the well-being of |
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persons served under the program. |
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Sec. 581.009. CONCLUSION; EXPIRATION. The pilot program |
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established under this chapter concludes and this chapter expires |
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September 1, 2023. |
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SECTION 2. This Act takes effect September 1, 2021. |