|
SECTION 1. Subchapter D,
Chapter 46B, Code of Criminal Procedure, is amended by adding Article
46B.0731 to read as follows:
Art. 46B.0731. JAIL-BASED
COMPETENCY RESTORATION. (a) Notwithstanding Article 46B.073 or any other
provision of this chapter and except as provided by Subsection (b), instead
of committing the defendant to a mental health facility or a residential
care facility under Article 46B.073, a court may issue an order committing
the defendant to the jail in that county for purposes of receiving
competency restoration treatment under this subchapter if the department
has established a jail-based competency restoration program under Section
1001.078, Health and Safety Code, and if the department has made the
program available in that county.
(b) A court may not issue
an order of commitment under this article with respect to a defendant who
is subject to Article 46B.073(c).
(c) A court's order of
commitment under this article has the same effect as an order of commitment
issued under Article 46B.073 and, for purposes of the procedures described
by this chapter, shall be treated as if it had been issued under that
article. The court may extend an initial order of commitment under this
article in the same manner as an initial order of commitment may be
extended under Article 46B.080.
(d) With respect to each
commitment order issued under this article and each extension granted under
this article, notwithstanding Article 46B.001 or any other provision of
this chapter and solely in the context of a commitment occurring pursuant
to an initial order of commitment or an extension of that order:
(1) a reference in this
chapter to a facility means a reference to a county jail designated as an
appropriate venue for competency restoration treatment under a jail-based
competency restoration program established under Section 1001.078, Health
and Safety Code; and
(2) a reference in this
chapter to the head of that facility means the department.
(e) Notwithstanding
Subsection (c), a duty imposed by this subchapter to transport a defendant
to or from the county jail, including the duties described by Articles
46B.075 and 46B.0755(b), does not apply to a defendant who has been
committed to that jail under this article.
(f) For purposes of Article
46B.009(2), the period of confinement for which the defendant may receive a
time credit on the defendant's sentence ends on the date of the final
judicial determination that the defendant has been restored to competency.
(g) A defendant who is
committed to a county jail under this article may not be committed to the
jail or any other correctional facility using civil commitment proceedings
under Subtitle C or D, Title 7, Health and Safety Code.
|
See SECTION 2 below.
|
|
SECTION 3. Subchapter C,
Chapter 574, Health and Safety Code, is amended by adding Section 574.038
to read as follows:
Sec. 574.038. CONDITIONAL
RELEASE PILOT PROGRAM. (a) In this section:
(1) "Program"
means the conditional release pilot program established under Section
1001.079.
(2) "Provider"
means a community-based mental health services provider designated by the
department to provide mental health services through the program in the
county in which the provider is located.
(b) A patient is eligible
to participate in the program if the patient:
(1) is a person:
(A) acquitted by reason
of insanity under Chapter 46C, Code of Criminal Procedure, and
subsequently:
(i) committed for
inpatient treatment at a mental health facility under Article 46C.256, Code
of Criminal Procedure; or
(ii) ordered to receive
extended inpatient mental health services under Section 574.035; or
(B) found incompetent to
stand trial and subsequently committed to a mental health facility under
Subchapter E, Chapter 46B, Code of Criminal Procedure;
(2) for a period of more
than one year, has remained in residence in a mental health facility to
which the patient is committed;
(3) has a documented
history of taking medications prescribed under the treatment plan
administered to patients at the mental health facility;
(4) has not recently been
restrained, secluded, or ordered to take emergency medication at the mental
health facility to which the patient is committed;
(5) was assessed as
stable or declining in severity in the two most recent assessments of the
patient conducted; and
(6) has the capacity to
reliably participate in a conditional release program.
(c) A director of a
mental health facility located in a county selected by the department under
Section 1001.079(a), in consultation with the local mental health
authority, shall identify patients committed to the facility who are
eligible to participate in the program. The facility shall provide to each
identified patient care and treatment to prepare the patient to participate
in the program. If the facility determines an identified patient is likely
to receive adequate treatment under the program and comply with conditions
of release imposed by a court, the facility shall prepare and submit to the
department a conditional release treatment plan for the patient indicating
community-based mental health services to be administered to the patient
through the program, including, if applicable to the patient, services
appropriate to prevent a patient from engaging in acts of violence.
(d) If the department determines,
based on the department's psychiatric security review process described by
Section 1001.079(c), that the patient is not likely to be a danger to the
community, the department shall:
(1) approve a patient's
participation in the program; and
(2) subject to available
resources of the program and the applicable provider, recommend the
patient's participation in the program to a court in the county having
jurisdiction over civil commitment proceedings conducted under this
subtitle.
(e) On a recommendation
of the department, a court may order a patient to participate in the
program if:
(1) a provider certifies
to the court that the provider is capable of providing the mental health
services indicated for the patient in the patient's conditional release
treatment plan; and
(2) the patient agrees in
a signed writing to participate in the program by:
(A) following the course
of treatment indicated for the patient in the patient's conditional release
treatment plan; and
(B) complying with any
other condition imposed by the court as a condition of the patient's
release.
(f) A court order issued
under Subsection (e) must impose on the patient minimum treatment and
supervision requirements as conditions of release, including a condition
that the patient must abstain from consuming alcohol or illicit drugs and a
condition that the patient must comply with random alcohol and drug testing
administered by the provider.
(g) On an order issued by
the court pursuant to Subsection (e), a mental health facility shall:
(1) release a patient to
the care of the provider; and
(2) transport the patient
to the location designated by the provider.
(h) For purposes of the
application of this subtitle and any order for court-ordered mental health
services, a patient conditionally released under this section remains
committed to the mental health facility from which the patient was
conditionally released under this section. If a court sets aside the order
for court-ordered mental health services under which the patient was
initially committed at a hearing held for that purpose, or if the order for
court-ordered mental health services expires, as provided by Section
574.110, the patient is released from commitment to the facility and is no
longer a patient receiving mental health services through the program.
(i) If the provider or
the local mental health authority certifies to the court that the patient
has violated a condition imposed by the court, the patient's condition has
deteriorated, or, in the opinion of a mental health professional, the
patient is a danger to self or others, the court, within 24 hours of
receiving the certification, shall revoke the order for conditional
release.
(j) The court shall order
the patient transported to and returned to the care of the applicable
mental health facility not later than 24 hours after:
(1) as described by
Subsection (i), the court revokes the order for conditional release on
certification from the provider or the local mental health authority that:
(A) the patient has
violated a condition imposed by the court;
(B) the patient's
condition has deteriorated; or
(C) in the opinion of a
mental health professional, the patient is a danger to self or others;
(2) the court order for
conditional release to participate in the program expires; or
(3) the program expires.
(k) A patient ordered to
receive mental health services through the program is not eligible for a
pass or furlough under Section 574.082.
(l) This section expires
September 1, 2017. An order issued under this section authorizing the
conditional release of a patient must expire before that date.
|
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
|
|
SECTION 4. Subchapter D,
Chapter 1001, Health and Safety Code, is amended by adding Sections
1001.078 and 1001.079 to read as follows:
Sec. 1001.078. JAIL-BASED
COMPETENCY RESTORATION PROGRAM; WORK GROUP. (a) The executive
commissioner by rule may establish a jail-based competency restoration
program to be operated by the department if the work group formed under
this subsection recommends the program's establishment. The department shall
form a work group to determine whether a jail-based competency restoration
program to provide competency restoration treatment in county jails to
defendants who are subject to competency restoration under Subchapter D,
Chapter 46B, Code of Criminal Procedure, may be operated by the department
without any increase in state spending on mental health treatment. The
work group shall make a recommendation to the executive commissioner
regarding the establishment of a program under this section.
(b) A program established
under this section must provide for a partnership between a county and the
department through which the department provides competency restoration
treatment to each defendant who is subject to competency restoration under
Subchapter D, Chapter 46B, Code of Criminal Procedure, and is ordered to
receive competency restoration treatment under Article 46B.0731 of that
code in the county jail for the county in which the applicable criminal
case is pending. The department may enter into multiple partnerships under
this section.
(c) A program established
under this section must include a quality review process designed to ensure
that competency restoration treatment provided to a defendant through the
program in a county jail is equivalent to the treatment that would be
provided to the defendant if the defendant were committed to a mental
health facility operated by the department.
Sec. 1001.079.
CONDITIONAL RELEASE PILOT PROGRAM. (a) The executive commissioner by rule
shall establish a conditional release pilot program for eligible patients
under Section 574.038(b), to be operated by the department in one or more
counties selected by the department.
(b) The department, in
consultation with the local mental health authority, shall designate a
community-based mental health services provider to provide mental health
services in each county in which the pilot program operates.
(c) The department shall
solicit input from appropriate local mental health authorities,
community-based mental health services providers, and mental health
facilities in designing a psychiatric security review process to evaluate
whether a patient would likely be a danger to the community if released
from the mental health facility to which the patient would be committed
under an order for conditional release to participate in the pilot program.
(d) In adopting rules
under this section, the executive commissioner shall ensure that the pilot
program provides patients opportunities to be employed in the community,
such as through a supported work program, or to participate in
community-based vocational training.
(e) In adopting rules
under this section, the executive commissioner must specify what
information the department must collect during the operation of the pilot program
for use in evaluating the outcome of the program.
(f) The local mental
health authority in a county in which the pilot program operates, the
community-based mental health services provider designated by the
department to provide mental health services through the pilot program in
that county, and the mental health facility from which the patient is
conditionally released shall schedule regular meetings for the purpose of
evaluating the patient's mental health and the patient's adherence to the conditions
of the release imposed on the patient by the court.
(g) During the operation
of the pilot program, the commissioner of state health services shall
submit biennial reports concerning the pilot program to the governor, the
legislative budget director of the Legislative Budget Board, and the
presiding officers of the standing committees of the senate and house of
representatives having primary jurisdiction over health and human services
issues and over criminal justice issues. The commissioner shall submit the
first report not later than December 1, 2014, and the second report not
later than December 1, 2016. Each report must contain the information
collected by the department during the operation of the pilot program, the
commissioner's evaluation of the outcome of the program as of the date of
the report, the commissioner's recommendation as to whether to expand the
operation of the program, and the commissioner's determination of whether
the program has resulted in an increase in state spending on mental health
treatment.
(h) The conditional
release pilot program established under this section concludes and this
section expires September 1, 2017.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
|
No
equivalent provision.
See SECTION 2 below.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
SECTION 2. Subchapter D,
Chapter 46B, Code of Criminal Procedure, is amended by adding Article
46B.090 to read as follows:
Art. 46B.090. JAIL-BASED
RESTORATION OF COMPETENCY PILOT PROGRAM. (a) If the legislature
appropriates to the department the funding necessary for the department to
operate a jail-based restoration of competency pilot program as described
by this article, the department shall develop and implement the pilot
program in one or two counties in this state that choose to participate in
the pilot program. In developing the pilot program, the department shall
coordinate and allow for input from each participating county.
(b) The department shall
contract with a provider of jail-based competency restoration services to
provide services under the pilot program if the department develops a pilot
program under this article.
(c) Not later than November
1, 2013, the commissioner of the department, in consultation with a
stakeholder workgroup established by the department as provided by
Subsection (d), shall adopt rules as necessary to implement the pilot
program. In adopting rules under this article, the commissioner shall
specify the types of information the department must collect during the
operation of the pilot program for use in evaluating the outcome of the
pilot program.
(d) The commissioner of
the department shall establish a stakeholder workgroup to participate in
developing and establishing rules for the pilot program. The stakeholder
workgroup must be composed of:
(1) one member who is a
sheriff;
(2) one member who
represents a local mental health authority;
(3) one member who is a county
commissioner, county judge, or elected county officer;
(4) one member who is a
district attorney or county attorney with criminal jurisdiction;
(5) one member who is a
defense attorney;
(6) one member who is a
judge of a district criminal court or county criminal court;
(7) two members who are
mental health advocates; and
(8) any other member the
department considers appropriate to appoint to the stakeholder workgroup.
(e) This subsection and
Subsection (d) expire not later than the 30th day after the date rules are
adopted under Subsection (c).
(f) To contract with the
department under Subsection (b), a provider of jail-based competency
restoration services must demonstrate to the department that:
(1) the provider:
(A) has previously provided
jail-based competency restoration services for one or more years; or
(B) is a local mental
health authority that has previously provided competency restoration
services;
(2) the provider's
jail-based competency restoration program:
(A) uses a multidisciplinary
treatment team to provide clinical treatment that is:
(i) directed toward the
specific objective of restoring the defendant's competency to stand trial;
and
(ii) similar to the
clinical treatment provided as part of a competency restoration program at
an inpatient mental health facility;
(B) employs or contracts
for the services of at least one psychiatrist;
(C) assigns staff members
to defendants participating in the program at an average ratio not lower
than 3.7 to 1; and
(D) provides weekly
treatment hours commensurate to the treatment hours provided as part of a
competency restoration program at an inpatient mental health facility;
(3) the provider is
certified by a nationwide nonprofit organization that accredits health care
organizations and programs, such as the Joint Commission on Health Care
Staffing Services; and
(4) the provider has a
demonstrated history of successful jail-based restoration of competency
outcomes.
(g) A contract under
Subsection (b) must require the designated provider to collect and submit
to the department the information specified by rules adopted under
Subsection (c).
(h) The designated
provider shall enter into a contract with the participating county or
counties. The contract must require the participating county or counties
to:
(1) ensure the safety of
defendants who participate in the jail-based restoration of competency
pilot program;
(2) designate a separate
space in the jail for the provider to conduct the pilot program;
(3) provide the same basic
care to the participants as is provided to other inmates of a jail; and
(4) supply clinically
appropriate psychoactive medications to the mental health service provider
for purposes of administering court-ordered medication to the participants
in accordance with Article 46B.086 of this code and Section 574.106, Health
and Safety Code.
(i) The psychiatrist for
the provider shall conduct at least two full psychiatric evaluations of the
defendant during the period the defendant receives competency restoration
services in the jail. The psychiatrist must conduct one evaluation not
later than the 21st day and one evaluation not later than the 55th day
after the date the defendant begins to participate in the pilot program.
The psychiatrist shall submit to the court a report concerning each
evaluation required under this subsection.
(j) If at any time during
a defendant's participation in the jail-based restoration of competency
pilot program the psychiatrist for the provider determines that the
defendant has attained competency to stand trial:
(1) the psychiatrist for
the provider shall promptly issue and send to the court a report
demonstrating that fact; and
(2) the court shall
consider that report as the report of an expert stating an opinion that the
defendant has been restored to competency for purposes of Article
46B.0755(a) or (b).
(k) If at any time during
a defendant's participation in the jail-based restoration of competency
pilot program the psychiatrist for the provider determines that the defendant's
competency to stand trial is unlikely to be restored in the foreseeable
future:
(1) the psychiatrist for
the provider shall promptly issue and send to the court a report
demonstrating that fact; and
(2) the court shall:
(A) proceed under Subchapter
E or F and order the transfer of the defendant, without unnecessary delay,
to the first available facility that is appropriate for that defendant, as
provided under Subchapter E or F, as applicable; or
(B) release the defendant
on bail as permitted under Chapter 17.
(l) If the psychiatrist
for the provider determines that a defendant ordered to participate in the
pilot program has not been restored to competency by the end of the 60th
day after the date the defendant began to participate in the pilot program:
(1) for a defendant
charged with a felony, the defendant shall be transferred, without
unnecessary delay and for the remainder of the period prescribed by Article
46B.073(b), to the first available facility that is appropriate for that
defendant as provided by Article 46B.073(c) or (d); and
(2) for a defendant
charged with a misdemeanor, the court may:
(A) order a single
extension under Article 46B.080 and the transfer of the defendant without
unnecessary delay to the appropriate mental health facility or residential
care facility as provided by Article 46B.073(d) for the remainder of the
period under the extension;
(B) proceed under
Subchapter E or F;
(C) release the defendant
on bail as permitted under Chapter 17; or
(D) dismiss the charges
in accordance with Article 46B.010.
(m) Unless otherwise
provided by this article, the provisions of this chapter, including the
maximum periods prescribed by Article 46B.0095, apply to a defendant
receiving competency restoration services under the pilot program in the
same manner as those provisions apply to any other defendant who is subject
to proceedings under this chapter.
(n) If the department
develops and implements a jail-based restoration of competency pilot
program under this article, not later than December 1, 2016, the
commissioner of the department shall submit a report concerning the pilot
program to the presiding officers of the standing committees of the senate
and house of representatives having primary jurisdiction over health and human
services issues and over criminal justice issues. The report must include
the information collected by the department during the pilot program and
the commissioner's evaluation of the outcome of the program as of the date
the report is submitted.
(o) This article expires
September 1, 2017.
|