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  83R7801 GCB-D
 
  By: Huffman S.B. No. 1185
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of a mental health jail diversion pilot
  program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle C, Title 7, Health and Safety Code, is
  amended by adding Chapter 579 to read as follows:
  CHAPTER 579. MENTAL HEALTH JAIL DIVERSION PILOT PROGRAM; HARRIS
  COUNTY
         Sec. 579.001.  DEFINITIONS. In this chapter:
               (1)  "Commissioner" means the commissioner of the
  department.
               (2)  "Department" means the Department of State Health
  Services.
         Sec. 579.002.  MENTAL HEALTH JAIL DIVERSION PILOT PROGRAM.
  The department shall establish and operate a pilot program in
  Harris County for the purpose of reducing jail recidivism among
  persons with mental illness in that county.
         Sec. 579.003.  CRIMINAL JUSTICE MENTAL HEALTH SERVICE MODEL.
  The department shall design and test through the pilot program a new
  criminal justice mental health service model. The department may
  develop and test innovative solutions to problems that arise during
  the operation of the pilot program and redesign the model as the
  department acquires more information. The model initially must
  apply the critical time intervention principle described by Section
  579.004 and must include the following elements:
               (1)  low caseload management;
               (2)  multilevel residential services; and
               (3)  easy access to:
                     (A)  integrated health, mental health, and
  chemical dependency services;
                     (B)  benefits acquisition services; and
                     (C)  multiple rehabilitation services.
         Sec. 579.004.  CRITICAL TIME INTERVENTION. The pilot
  program, in applying the critical time intervention principle, must
  give persons with mental illness access to available social,
  clinical, housing, and welfare services during the first weeks
  after the person's release from jail.
         Sec. 579.005.  LOCAL SERVICES COORDINATION. In designing
  the criminal justice mental health service model the department
  shall seek input from and coordinate the provision of services with
  the following local entities:
               (1)  the mental health division of the office of the
  district attorney of Harris County;
               (2)  the Harris County public defender;
               (3)  mental health courts;
               (4)  specially trained law enforcement crisis
  intervention teams and crisis intervention response teams;
               (5)  providers of competency restoration services;
               (6)  providers of guardianship services;
               (7)  providers of forensic case management;
               (8)  providers of assertive community treatment;
               (9)  providers of crisis stabilization services;
               (10)  providers of intensive and general supportive
  housing; and
               (11)  providers of integrated mental health and
  substance abuse inpatient, outpatient, and rehabitation services.
         Sec. 579.006.  PROGRAM CAPACITY. (a) In establishing the
  pilot program, the department shall ensure the program has the
  resources to provide mental health jail diversion services to not
  fewer than 200 individuals.
         (b)  The department shall endeavor to serve each year the
  program operates not fewer than 500 or more than 600 individuals
  cumulatively.
         Sec. 579.007.  FINANCING THE PROGRAM. (a) The creation of
  the pilot program under this chapter is contingent on the
  continuing agreement of the Commissioners Court of Harris County to
  contribute $32,650,000 to the funding of the program each year in
  which the program operates.
         (b)  It is the intent of the legislature that appropriations
  made to fund the pilot program are made in addition to and will not
  reduce the amount of appropriations made in the regular funding of
  the Mental Health and Mental Retardation Authority of Harris County
  or the Harris County Psychiatric Center.
         Sec. 579.008.  REPORT. (a) Not later than December 1, 2016,
  the commissioner 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.
         (b)  The report must include a description of the features of
  the criminal justice mental health service model developed and
  tested under the pilot program and the commissioner's
  recommendation whether to expand use of the model statewide.
         Sec. 579.009.  CONCLUSION; EXPIRATION. The pilot program
  established under this chapter concludes and this chapter expires
  September 1, 2017.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2013.