83R668 AJZ-D
	By: Zaffirini	S.B. No. 36

	A BILL TO BE ENTITLED
	AN ACT
	relating to the detention and transportation of a person with a
	mental illness.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Sections 573.001(e) and (f), Health and Safety
	Code, are amended to read as follows:
	(e)  A jail or similar detention facility may not be deemed
	suitable for detention of a person taken into custody under this
	section except in an extreme emergency that exists because of
	hazardous weather or the occurrence of a disaster that threatens
	the safety of the proposed patient or person transporting the
	proposed patient.  In the event of an extreme emergency, a person
	may be detained in a jail or similar detention facility under this
	subsection during the extreme emergency and for not longer than 12
	hours after the extreme emergency ends.  The sheriff or other
	officeholder responsible for the facility shall document and report
	the following to the Commission on Jail Standards on a monthly basis
	for each person detained in a jail or similar detention facility:
	(1)  the time the person's detention begins;
	(2)  the duration of the detention;
	(3)  the reason for the detention; and
	(4)  the time a representative of the local mental
	health authority is notified and arrives at the facility.
	(f)  The sheriff or officeholder responsible for [A person
	detained in] a jail or a similar detention [nonmedical] facility
	shall ensure that a person detained in the jail or similar detention
	facility is [be] kept separate from any person who is charged with
	or convicted of a crime.
	SECTION 2.  Section 574.023, Health and Safety Code, is
	amended by adding Subsection (e) to read as follows:
	(e)  A person taken into custody under this section may be
	detained only in the manner provided by Section 574.027.
	SECTION 3.  Section 574.027, Health and Safety Code, is
	amended by amending Subsections (c) and (d) and adding Subsection
	(c-1) to read as follows:
	(c)  A person under a protective custody order may not be
	detained in a jail or nonmedical facility used to detain persons who
	are charged with or convicted of a crime except because of and
	during an extreme emergency that exists because of hazardous
	weather or the occurrence of a disaster that threatens the safety of
	the proposed patient or the person transporting the proposed
	patient.  In the event of an extreme emergency, a person may be
	detained in a jail or nonmedical facility under this subsection
	during the extreme emergency and for not longer than 12 hours after
	the extreme emergency ends.  The sheriff or other officeholder
	responsible for the facility shall document and report the
	following to the Commission on Jail Standards on a monthly basis for
	each person detained in the jail or nonmedical facility:
	(1)  the time the person's detention begins;
	(2)  the duration of the detention;
	(3)  the reason for the detention; and
	(4)  the time a representative of the local mental
	health authority is notified and arrives at the facility [and in no
	case for longer than 72 hours, excluding Saturdays, Sundays, legal
	holidays, and the period prescribed by Section 574.025(b) for an
	extreme emergency.   The person must be isolated from any person who
	is charged with or convicted of a crime].
	(c-1)  The sheriff or officeholder responsible for a jail or
	a nonmedical facility described by Subsection (c) shall ensure that
	a person detained in the jail or facility under Subsection (c) is
	kept separate from any person who is charged with or convicted of a
	crime.
	(d)  The county health authority shall ensure that proper
	care and medical attention are made available to a person who is
	detained in a jail or nonmedical facility under Subsection (c).
	SECTION 4.  Section 574.045, Health and Safety Code, is
	amended by adding Subsection (l) to read as follows:
	(l)  A patient restrained under Subsection (g) may be
	restrained only during the apprehension, detention, or
	transportation of the patient.  The method of restraint must permit
	the patient to sit in an upright position without undue difficulty.
	SECTION 5.  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.