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A BILL TO BE ENTITLED
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AN ACT
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relating to alternate methods for providing mental health and |
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related services to certain defendants found incompetent to stand |
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trial or acquitted by reason of insanity in a criminal case. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 46B, Code of Criminal |
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Procedure, is amended by adding Article 46B.0731 to read as |
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follows: |
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Art. 46B.0731. JAIL-BASED COMPETENCY RESTORATION. (a) |
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Notwithstanding Article 46B.073 or any other provision of this |
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chapter and except as provided by Subsection (b), instead of |
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committing the defendant to a mental health facility or a |
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residential care facility under Article 46B.073, a court may issue |
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an order committing the defendant to the jail in that county for |
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purposes of receiving competency restoration treatment under this |
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subchapter if the department has established a jail-based |
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competency restoration program under Section 1001.078, Health and |
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Safety Code, and if the department has made the program available in |
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that county. |
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(b) A court may not issue an order of commitment under this |
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article with respect to a defendant who is subject to Article |
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46B.073(c). |
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(c) A court's order of commitment under this article has the |
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same effect as an order of commitment issued under Article 46B.073 |
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and, for purposes of the procedures described by this chapter, |
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shall be treated as if it had been issued under that article. The |
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court may extend an initial order of commitment under this article |
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in the same manner as an initial order of commitment may be extended |
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under Article 46B.080. |
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(d) With respect to each commitment order issued under this |
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article and each extension granted under this article, |
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notwithstanding Article 46B.001 or any other provision of this |
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chapter and solely in the context of a commitment occurring |
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pursuant to an initial order of commitment or an extension of that |
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order: |
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(1) a reference in this chapter to a facility means a |
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reference to a county jail designated as an appropriate venue for |
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competency restoration treatment under a jail-based competency |
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restoration program established under Section 1001.078, Health and |
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Safety Code; and |
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(2) a reference in this chapter to the head of that |
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facility means the department. |
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(e) Notwithstanding Subsection (c), a duty imposed by this |
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subchapter to transport a defendant to or from the county jail, |
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including the duties described by Articles 46B.075 and 46B.0755(b), |
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does not apply to a defendant who has been committed to that jail |
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under this article. |
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(f) For purposes of Article 46B.009(2), the period of |
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confinement for which the defendant may receive a time credit on the |
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defendant's sentence ends on the date of the final judicial |
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determination that the defendant has been restored to competency. |
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(g) A defendant who is committed to a county jail under this |
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article may not be committed to the jail or any other correctional |
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facility using civil commitment proceedings under Subtitle C or D, |
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Title 7, Health and Safety Code. |
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SECTION 2. Article 46B.086(g), Code of Criminal Procedure, |
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is amended to read as follows: |
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(g) For a defendant described by Subsection (a)(2)(A), an |
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order issued under this article[:
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[(1)] authorizes the initiation of any appropriate |
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mental health treatment for the defendant awaiting transfer. The |
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order[; and
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[(2)] does not in itself constitute authorization to |
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retain the defendant in a correctional facility for competency |
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restoration treatment, but authorization to retain the defendant in |
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such a manner may be available with respect to a defendant ordered |
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to receive competency restoration treatment under Article 46B.0731 |
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through a program established by the department under Section |
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1001.078, Health and Safety Code. |
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SECTION 3. Subchapter C, Chapter 574, Health and Safety |
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Code, is amended by adding Section 574.038 to read as follows: |
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Sec. 574.038. CONDITIONAL RELEASE PILOT PROGRAM. (a) In |
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this section: |
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(1) "Program" means the conditional release pilot |
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program established under Section 1001.079. |
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(2) "Provider" means a community-based mental health |
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services provider designated by the department to provide mental |
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health services through the program in the county in which the |
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provider is located. |
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(b) A patient is eligible to participate in the program if |
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the patient: |
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(1) is a person: |
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(A) acquitted by reason of insanity under Chapter |
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46C, Code of Criminal Procedure, and subsequently: |
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(i) committed for inpatient treatment at a |
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mental health facility under Article 46C.256, Code of Criminal |
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Procedure; or |
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(ii) ordered to receive extended inpatient |
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mental health services under Section 574.035; or |
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(B) found incompetent to stand trial and |
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subsequently committed to a mental health facility under Subchapter |
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E, Chapter 46B, Code of Criminal Procedure; |
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(2) for a period of more than one year, has remained in |
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residence in a mental health facility to which the patient is |
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committed; |
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(3) has a documented history of taking medications |
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prescribed under the treatment plan administered to patients at the |
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mental health facility; |
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(4) has not recently been restrained, secluded, or |
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ordered to take emergency medication at the mental health facility |
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to which the patient is committed; |
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(5) was assessed as stable or declining in severity in |
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the two most recent assessments of the patient conducted; and |
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(6) has the capacity to reliably participate in a |
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conditional release program. |
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(c) A director of a mental health facility located in a |
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county selected by the department under Section 1001.079(a), in |
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consultation with the local mental health authority, shall identify |
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patients committed to the facility who are eligible to participate |
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in the program. The facility shall provide to each identified |
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patient care and treatment to prepare the patient to participate in |
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the program. If the facility determines an identified patient is |
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likely to receive adequate treatment under the program and comply |
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with conditions of release imposed by a court, the facility shall |
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prepare and submit to the department a conditional release |
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treatment plan for the patient indicating community-based mental |
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health services to be administered to the patient through the |
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program, including, if applicable to the patient, services |
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appropriate to prevent a patient from engaging in acts of violence. |
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(d) If the department determines, based on the department's |
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psychiatric security review process described by Section |
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1001.079(c), that the patient is not likely to be a danger to the |
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community, the department shall: |
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(1) approve a patient's participation in the program; |
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and |
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(2) subject to available resources of the program and |
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the applicable provider, recommend the patient's participation in |
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the program to a court in the county having jurisdiction over civil |
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commitment proceedings conducted under this subtitle. |
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(e) On a recommendation of the department, a court may order |
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a patient to participate in the program if: |
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(1) a provider certifies to the court that the |
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provider is capable of providing the mental health services |
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indicated for the patient in the patient's conditional release |
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treatment plan; and |
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(2) the patient agrees in a signed writing to |
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participate in the program by: |
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(A) following the course of treatment indicated |
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for the patient in the patient's conditional release treatment |
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plan; and |
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(B) complying with any other condition imposed by |
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the court as a condition of the patient's release. |
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(f) A court order issued under Subsection (e) must impose on |
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the patient minimum treatment and supervision requirements as |
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conditions of release, including a condition that the patient must |
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abstain from consuming alcohol or illicit drugs and a condition |
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that the patient must comply with random alcohol and drug testing |
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administered by the provider. |
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(g) On an order issued by the court pursuant to Subsection |
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(e), a mental health facility shall: |
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(1) release a patient to the care of the provider; and |
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(2) transport the patient to the location designated |
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by the provider. |
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(h) For purposes of the application of this subtitle and any |
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order for court-ordered mental health services, a patient |
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conditionally released under this section remains committed to the |
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mental health facility from which the patient was conditionally |
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released under this section. If a court sets aside the order for |
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court-ordered mental health services under which the patient was |
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initially committed at a hearing held for that purpose, or if the |
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order for court-ordered mental health services expires, as provided |
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by Section 574.110, the patient is released from commitment to the |
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facility and is no longer a patient receiving mental health |
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services through the program. |
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(i) If the provider or the local mental health authority |
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certifies to the court that the patient has violated a condition |
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imposed by the court, the patient's condition has deteriorated, or, |
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in the opinion of a mental health professional, the patient is a |
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danger to self or others, the court, within 24 hours of receiving |
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the certification, shall revoke the order for conditional release. |
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(j) The court shall order the patient transported to and |
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returned to the care of the applicable mental health facility not |
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later than 24 hours after: |
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(1) as described by Subsection (i), the court revokes |
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the order for conditional release on certification from the |
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provider or the local mental health authority that: |
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(A) the patient has violated a condition imposed |
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by the court; |
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(B) the patient's condition has deteriorated; or |
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(C) in the opinion of a mental health |
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professional, the patient is a danger to self or others; |
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(2) the court order for conditional release to |
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participate in the program expires; or |
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(3) the program expires. |
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(k) A patient ordered to receive mental health services |
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through the program is not eligible for a pass or furlough under |
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Section 574.082. |
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(l) This section expires September 1, 2017. An order issued |
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under this section authorizing the conditional release of a patient |
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must expire before that date. |
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SECTION 4. Subchapter D, Chapter 1001, Health and Safety |
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Code, is amended by adding Sections 1001.078 and 1001.079 to read as |
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follows: |
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Sec. 1001.078. JAIL-BASED COMPETENCY RESTORATION PROGRAM; |
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WORK GROUP. (a) The executive commissioner by rule may establish a |
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jail-based competency restoration program to be operated by the |
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department if the work group formed under this subsection |
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recommends the program's establishment. The department shall form |
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a work group to determine whether a jail-based competency |
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restoration program to provide competency restoration treatment in |
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county jails to defendants who are subject to competency |
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restoration under Subchapter D, Chapter 46B, Code of Criminal |
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Procedure, may be operated by the department without any increase |
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in state spending on mental health treatment. The work group shall |
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make a recommendation to the executive commissioner regarding the |
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establishment of a program under this section. |
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(b) A program established under this section must provide |
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for a partnership between a county and the department through which |
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the department provides competency restoration treatment to each |
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defendant who is subject to competency restoration under Subchapter |
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D, Chapter 46B, Code of Criminal Procedure, and is ordered to |
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receive competency restoration treatment under Article 46B.0731 of |
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that code in the county jail for the county in which the applicable |
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criminal case is pending. The department may enter into multiple |
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partnerships under this section. |
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(c) A program established under this section must include a |
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quality review process designed to ensure that competency |
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restoration treatment provided to a defendant through the program |
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in a county jail is equivalent to the treatment that would be |
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provided to the defendant if the defendant were committed to a |
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mental health facility operated by the department. |
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Sec. 1001.079. CONDITIONAL RELEASE PILOT PROGRAM. (a) The |
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executive commissioner by rule shall establish a conditional |
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release pilot program for eligible patients under Section |
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574.038(b), to be operated by the department in one or more counties |
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selected by the department. |
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(b) The department, in consultation with the local mental |
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health authority, shall designate a community-based mental health |
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services provider to provide mental health services in each county |
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in which the pilot program operates. |
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(c) The department shall solicit input from appropriate |
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local mental health authorities, community-based mental health |
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services providers, and mental health facilities in designing a |
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psychiatric security review process to evaluate whether a patient |
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would likely be a danger to the community if released from the |
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mental health facility to which the patient would be committed |
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under an order for conditional release to participate in the pilot |
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program. |
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(d) In adopting rules under this section, the executive |
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commissioner shall ensure that the pilot program provides patients |
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opportunities to be employed in the community, such as through a |
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supported work program, or to participate in community-based |
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vocational training. |
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(e) In adopting rules under this section, the executive |
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commissioner must specify what information the department must |
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collect during the operation of the pilot program for use in |
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evaluating the outcome of the program. |
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(f) The local mental health authority in a county in which |
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the pilot program operates, the community-based mental health |
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services provider designated by the department to provide mental |
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health services through the pilot program in that county, and the |
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mental health facility from which the patient is conditionally |
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released shall schedule regular meetings for the purpose of |
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evaluating the patient's mental health and the patient's adherence |
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to the conditions of the release imposed on the patient by the |
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court. |
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(g) During the operation of the pilot program, the |
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commissioner of state health services shall submit biennial reports |
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concerning the pilot program to the governor, the legislative |
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budget director of the Legislative Budget Board, and the presiding |
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officers of the standing committees of the senate and house of |
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representatives having primary jurisdiction over health and human |
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services issues and over criminal justice issues. The commissioner |
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shall submit the first report not later than December 1, 2014, and |
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the second report not later than December 1, 2016. Each report must |
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contain the information collected by the department during the |
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operation of the pilot program, the commissioner's evaluation of |
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the outcome of the program as of the date of the report, the |
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commissioner's recommendation as to whether to expand the operation |
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of the program, and the commissioner's determination of whether the |
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program has resulted in an increase in state spending on mental |
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health treatment. |
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(h) The conditional release pilot program established under |
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this section concludes and this section expires September 1, 2017. |
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SECTION 5. The change in law made by this Act to Chapter |
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46B, Code of Criminal Procedure, applies only to a proceeding under |
|
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that chapter that commences on or after the effective date of this |
|
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Act, regardless of when the defendant may have committed the |
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underlying offense for which the defendant became subject to the |
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proceeding. |
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SECTION 6. (a) The Department of State Health Services |
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shall form the work group as required by Section 1001.078, Health |
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and Safety Code, as added by this Act, as soon as practicable after |
|
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the effective date of this Act, and the work group shall make a |
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recommendation regarding the establishment of a jail-based |
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competency restoration program to the executive commissioner of the |
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Health and Human Services Commission not later than February 1, |
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2014. |
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(b) The executive commissioner of the Health and Human |
|
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Services Commission shall establish the pilot program required |
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under Section 1001.079, Health and Safety Code, as added by this |
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Act, not later than February 1, 2014. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
|
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Act does not receive the vote necessary for immediate effect, this |
|
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Act takes effect September 1, 2013. |