By: Lopez of Bexar H.B. No. 4998
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.