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A BILL TO BE ENTITLED
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AN ACT
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relating to inpatient competency restoration services. |
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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 580 to read as follows: |
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CHAPTER 580. INPATIENT COMPETENCY RESTORATION SERVICES |
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Sec. 580.001. 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) "Competency restoration" has the meaning assigned |
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by Article 46B.001, Code of Criminal Procedure. |
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(3) "Residential care facility" has the meaning |
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assigned by Section 591.003. |
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Sec. 580.002. APPLICABILITY. This chapter applies only to |
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a facility that contracts with the commission to provide inpatient |
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competency restoration services for an individual to stand trial in |
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accordance with Chapter 46B, Code of Criminal Procedure. |
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Sec. 580.003. MEMORANDUM OF UNDERSTANDING. The executive |
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commissioner by rule shall require each facility to which this |
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chapter applies to enter into a memorandum of understanding with |
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the county and municipality in which the facility is located and |
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each local mental health authority and local behavioral health |
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authority that operates in the county or municipality, as |
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applicable, to outline the respective powers and duties of the |
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parties with respect to inpatient competency restoration services. |
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Sec. 580.004. ANNUAL REPORT TO COMMISSION. (a) The |
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commission shall require each facility to which this chapter |
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applies to annually provide to the commission, in the form and |
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manner the commission requires, the following information for the |
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preceding year regarding individuals who received inpatient |
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competency restoration services at the facility: |
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(1) the total number of individuals who received |
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inpatient competency restoration services at the facility and the |
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number of those individuals who were restored to competency; |
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(2) for those individuals who were restored to |
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competency, the average number of days the individuals received |
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services at the facility; |
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(3) the number of individuals who were restored to |
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competency after receiving services at the facility for not more |
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than 60 days; |
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(4) the number of individuals who were not restored to |
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competency within the initial restoration period and for whom a |
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treatment extension was sought; |
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(5) the number of individuals who were not restored to |
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competency and who were transferred to an inpatient mental health |
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facility or residential care facility; and |
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(6) for individuals who were not restored to |
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competency, the average length of time between the date a |
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determination was made that an individual was not restored to |
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competency and the date the individual was transferred to an |
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inpatient mental health facility or residential care facility. |
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(b) The data in the report must be disaggregated by whether |
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the individual was charged with a misdemeanor or felony offense and |
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by any other appropriate demographic factors determined by the |
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commission. |
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Sec. 580.005. ANNUAL REPORT TO LEGISLATURE. Not later than |
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September 1 of each year, the commission shall prepare and submit to |
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the legislature a written report on inpatient competency |
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restoration services in this state for the preceding year. The |
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report must include: |
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(1) a performance evaluation of each facility to which |
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this chapter applies; |
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(2) aggregated demographic data on individuals who |
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received inpatient competency restoration services at a facility to |
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which this chapter applies, including the criminal offenses the |
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individuals were charged with, the individuals' countries of |
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origin, and the individuals' diagnoses, if applicable; and |
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(3) the overall cost of providing inpatient competency |
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restoration services at a facility to which this chapter applies |
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compared to the cost of: |
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(A) providing forensic inpatient competency |
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restoration services at a state hospital; and |
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(B) other competency restoration programs |
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managed by the commission. |
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SECTION 2. Notwithstanding Section 580.005, Health and |
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Safety Code, as added by this Act, the Health and Human Services |
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Commission is not required to submit the initial report required by |
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that section until September 1, 2027. |
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SECTION 3. This Act takes effect September 1, 2025. |