Bill Text: TX HB3620 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to the creation of a mental health treatment for incarceration diversion pilot program.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Introduced - Dead) 2019-04-23 - Comm. report sent to Local & Consent Calendar [HB3620 Detail]
Download: Texas-2019-HB3620-Comm_Sub.html
86R13840 GCB-D | ||
By: Reynolds, Zerwas, Miller, Stephenson | H.B. No. 3620 |
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relating to the creation of a mental health treatment for | ||
incarceration 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 580 to read as follows: | ||
CHAPTER 580. MENTAL HEALTH TREATMENT FOR INCARCERATION DIVERSION | ||
PILOT PROGRAM; FORT BEND COUNTY | ||
Sec. 580.001. DEFINITIONS. In this chapter: | ||
(1) "Commission" means the Health and Human Services | ||
Commission. | ||
(2) "Commissioners court" means the Fort Bend County | ||
Commissioners Court. | ||
Sec. 580.002. MENTAL HEALTH TREATMENT FOR INCARCERATION | ||
DIVERSION PILOT PROGRAM. The commission, in cooperation with the | ||
commissioners court, shall establish a pilot program in Fort Bend | ||
County to be implemented by the commissioners court for the purpose | ||
of reducing recidivism and the frequency of arrests and | ||
incarceration of persons with mental illness in that county. | ||
Sec. 580.003. CRIMINAL JUSTICE MENTAL HEALTH SERVICE MODEL. | ||
The commissioners court shall design and test through the pilot | ||
program a criminal justice mental health service model oriented | ||
toward facilitating treatment for persons with mental illness to | ||
reduce the recidivism and frequency of arrests and incarceration of | ||
persons with mental illness in Fort Bend County. The model | ||
initially must apply the critical time intervention principle | ||
described by Section 580.004 and must include the following | ||
elements: | ||
(1) 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. 580.004. CRITICAL TIME INTERVENTION. The | ||
commissioners court, in applying the critical time intervention | ||
principle through the pilot program, shall endeavor to 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. 580.005. LOCAL SERVICES COORDINATION. In designing | ||
the criminal justice mental health service model, the commissioners | ||
court shall seek input from and coordinate the provision of | ||
services with the following local entities: | ||
(1) the Fort Bend County Sheriff's Office; | ||
(2) the mental health division of the office of the | ||
district attorney of Fort Bend County; | ||
(3) the Fort Bend County Mental Health Public | ||
Defender's Office; | ||
(4) mental health courts; | ||
(5) specially trained law enforcement crisis | ||
intervention teams and crisis intervention response teams; | ||
(6) providers of competency restoration services; | ||
(7) providers of guardianship services; | ||
(8) providers of forensic case management; | ||
(9) providers of assertive community treatment; | ||
(10) providers of crisis stabilization services; | ||
(11) providers of intensive and general supportive | ||
housing; and | ||
(12) providers of integrated mental health and | ||
substance abuse inpatient, outpatient, and rehabilitation | ||
services. | ||
Sec. 580.006. PROGRAM CAPACITY. (a) In implementing the | ||
pilot program, the commissioners court shall ensure the program has | ||
the resources to provide mental health treatment for incarceration | ||
diversion services to not fewer than 10 individuals. | ||
(b) The commissioners court shall endeavor to serve each | ||
year the pilot program operates not fewer than 10 or more than 20 | ||
individuals cumulatively. | ||
(c) Before the commissioners court implements the pilot | ||
program, the commission and the commissioners court jointly shall | ||
establish clear criteria for identifying a target population to be | ||
served by the program. The criteria must prioritize serving a | ||
target population composed of members at high risk of recidivism | ||
and with severe mental illness. The commissioners court, in | ||
consultation with the appropriate entities listed in Section | ||
580.005, may adjust the criteria established under this subsection | ||
during the operation of the program provided the adjusted criteria | ||
are clearly articulated. | ||
Sec. 580.007. FINANCING THE PROGRAM. (a) The creation of | ||
the pilot program under this chapter is contingent on the | ||
continuing agreement of the commissioners court to contribute to | ||
the program each year in which the program operates services for | ||
persons with mental illness equivalent in value to funding provided | ||
by the state for the program. | ||
(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 local mental health authority for Fort Bend County. | ||
(c) The commissioners court may seek and receive gifts and | ||
grants from federal sources, foundations, individuals, and other | ||
sources for the benefit of the pilot program. | ||
Sec. 580.008. INSPECTIONS. The commission may make | ||
inspections of the operation of and provision of mental health | ||
treatment for incarceration diversion services through the pilot | ||
program on behalf of the state to ensure state funds appropriated | ||
for the program are used effectively. | ||
Sec. 580.009. REPORT. (a) Not later than December 1, 2020, | ||
the executive commissioner shall evaluate and submit a report | ||
concerning the effect of the pilot program in reducing recidivism | ||
and the frequency of arrests and incarceration of persons with | ||
mental illness in Fort Bend County to the governor, the lieutenant | ||
governor, the speaker of the house of representatives, 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. | ||
(b) The report must include a description of the features of | ||
the criminal justice mental health service model designed and | ||
tested under the pilot program and the executive commissioner's | ||
recommendation whether to expand use of the model statewide. | ||
(c) In conducting the evaluation required under Subsection | ||
(a), the executive commissioner shall compare the rate of | ||
recidivism in Fort Bend County among persons in the target | ||
population before the date the pilot program is implemented in the | ||
community to the rate of recidivism among those persons two years | ||
after the date the program is implemented in the community and three | ||
years after the date the program is implemented in the community. | ||
The executive commissioner may include in the evaluation measures | ||
of the effectiveness of the program related to the well-being of | ||
persons served under the program. | ||
Sec. 580.010. CONCLUSION; EXPIRATION. The pilot program | ||
established under this chapter concludes and this chapter expires | ||
September 1, 2021. | ||
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, 2019. |