Bill Text: TX HB4998 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the creation of a mental health jail diversion pilot program in Bexar County.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-23 - Referred to Corrections [HB4998 Detail]
Download: Texas-2023-HB4998-Introduced.html
| By: Lopez of Bexar | H.B. No. 4998 | |
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| relating to the creation of a mental health jail diversion pilot | ||
| program in Bexar County. | ||
| 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 581 to read as follows: | ||
| CHAPTER 581. MENTAL HEALTH JAIL DIVERSION PILOT PROGRAM; BEXAR | ||
| COUNTY | ||
| Sec. 581.001. DEFINITION. In this chapter, "commission" | ||
| means the Health and Human Services Commission. | ||
| Sec. 581.002. MENTAL HEALTH JAIL DIVERSION PILOT PROGRAM. | ||
| The commission, in cooperation with the local mental health | ||
| authority that serves Bexar County, shall establish a pilot program | ||
| in Bexar County for the purpose of reducing recidivism and the | ||
| frequency of arrests and incarceration among persons with mental | ||
| illness in that county. | ||
| Sec. 581.003. CRIMINAL JUSTICE MENTAL HEALTH SERVICE MODEL. | ||
| The local mental health authority that serves Bexar County shall | ||
| design and test through the pilot program a criminal justice mental | ||
| health service model oriented toward facilitating treatment for | ||
| persons with mental illness and substance use disorders to reduce | ||
| recidivism and frequency of arrests and incarceration of persons | ||
| with mental illness in Bexar County. The model must include | ||
| evidence-based practices, including: | ||
| (1) psychiatric services; | ||
| (2) substance use disorder treatments; | ||
| (3) treatment for co-occurring mental health and | ||
| substance use disorders; | ||
| (4) integrated primary care, mental health, and | ||
| chemical dependency services; | ||
| (5) motivational interviews to decrease recidivism; | ||
| (6) methods to maintain sobriety; | ||
| (7) medical detoxification services; | ||
| (8) intensive case management to address social | ||
| determinants of health; | ||
| (9) local mental health authority hospital liaison | ||
| transitional services, including case management; | ||
| (10) medication-assisted treatment; and | ||
| (11) treatment of medical issues, including through | ||
| inpatient hospitalization if necessary. | ||
| Sec. 581.004. LOCAL SERVICES COORDINATION. In designing | ||
| the criminal justice mental health service model described by | ||
| Section 581.003, the local mental health authority that serves | ||
| Bexar County shall coordinate with University of the Incarnate Word | ||
| and Southwest General Hospital. In providing services under the | ||
| pilot program, the local mental health authority shall use | ||
| personnel enrolled in established post-graduate residency training | ||
| programs through the Texas Institute of Graduate Medical Education | ||
| and Research. | ||
| Sec. 581.005. PROGRAM CAPACITY. (a) In implementing the | ||
| pilot program, the commission shall ensure the program has the | ||
| resources to provide mental health and substance use disorder | ||
| treatment for incarceration diversion services for not fewer than | ||
| 10 inpatient beds and for stays of a period of 60 to 90 days. | ||
| (b) Before the commission implements the pilot program, the | ||
| commission and the local mental health authority that serves Bexar | ||
| County 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, substance use | ||
| disorders, or co-occurring mental illness and substance use | ||
| disorders. | ||
| Sec. 581.006. FINANCING THE PROGRAM. (a) In consultation | ||
| with the local mental health authority that serves Bexar County and | ||
| Southwest General Hospital, the commission shall pay a case rate at | ||
| the rate at which services are funded for the pilot program. The | ||
| creation of the pilot program under this chapter is contingent on | ||
| funding from the commission for persons with mental illness or | ||
| substance use disorders 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 otherwise made to the local | ||
| mental health authority that serves Bexar County. | ||
| (c) The local mental health authority that serves Bexar | ||
| County may seek and receive gifts and grants from federal sources, | ||
| foundations, individuals, and other sources for the benefit of the | ||
| pilot program. | ||
| Sec. 581.007. INSPECTIONS. The commission may make | ||
| inspections of the operation of, and provision of mental health and | ||
| substance use treatment for incarceration diversion services | ||
| through, the pilot program on behalf of the state to ensure state | ||
| funds are used effectively. | ||
| Sec. 581.008. REPORT. (a) Not later than December 1, 2022, | ||
| the executive commissioner shall evaluate and submit a report | ||
| concerning the effectiveness of the pilot program in reducing | ||
| recidivism and the frequency of arrests and incarceration of | ||
| persons with mental illness and substance use disorders in Bexar | ||
| 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 Bexar 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 one year 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. 581.009. CONCLUSION; EXPIRATION. The pilot program | ||
| established under this chapter concludes and this chapter expires | ||
| September 1, 2023. | ||
| SECTION 2. This Act takes effect September 1, 2021. | ||
