Bill Text: TX HB601 | 2019-2020 | 86th Legislature | Comm Sub
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Bill Title: Relating to criminal or juvenile procedures and reporting requirements regarding persons who are or may be persons with a mental illness or an intellectual disability.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB601 Detail]
Download: Texas-2019-HB601-Comm_Sub.html
Bill Title: Relating to criminal or juvenile procedures and reporting requirements regarding persons who are or may be persons with a mental illness or an intellectual disability.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB601 Detail]
Download: Texas-2019-HB601-Comm_Sub.html
By: Price, et al. (Senate Sponsor - Zaffirini) | H.B. No. 601 | |
(In the Senate - Received from the House April 11, 2019; | ||
April 15, 2019, read first time and referred to Committee on | ||
Criminal Justice; May 16, 2019, reported adversely, with favorable | ||
Committee Substitute by the following vote: Yeas 5, Nays 0; | ||
May 16, 2019, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR H.B. No. 601 | By: Whitmire |
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relating to procedures and reporting requirements regarding | ||
criminal defendants who are or may be persons with a mental illness | ||
or an intellectual disability. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 16.22(a), Code of Criminal Procedure, as | ||
amended by Chapters 748 (S.B. 1326) and 950 (S.B. 1849), Acts of the | ||
85th Legislature, Regular Session, 2017, is reenacted and amended | ||
to read as follows: | ||
(a)(1) Not later than 12 hours after the sheriff or | ||
municipal jailer having custody of a defendant for an offense | ||
punishable as a Class B misdemeanor or any higher category of | ||
offense receives credible information that may establish | ||
reasonable cause to believe that the defendant has a mental illness | ||
or is a person with an intellectual disability, the sheriff or | ||
municipal jailer shall provide written or electronic notice to the | ||
magistrate. The notice must include any information related to the | ||
sheriff's or municipal jailer's determination, such as information | ||
regarding the defendant's behavior immediately before, during, and | ||
after the defendant's arrest and, if applicable, the results of any | ||
previous assessment of the defendant. On a determination that | ||
there is reasonable cause to believe that the defendant has a mental | ||
illness or is a person with an intellectual disability, the | ||
magistrate, except as provided by Subdivision (2), shall order the | ||
service provider that contracts with the jail to provide mental | ||
health or intellectual and developmental disability services, the | ||
local mental health authority, the local intellectual and | ||
developmental disability authority, or another qualified mental | ||
health or intellectual and developmental disability expert to: | ||
(A) interview the defendant if the defendant has | ||
not previously been interviewed by a qualified mental health or | ||
intellectual and developmental disability expert on or after the | ||
date the defendant was arrested for the offense for which the | ||
defendant is in custody and otherwise collect information regarding | ||
whether the defendant has a mental illness as defined by Section | ||
571.003, Health and Safety Code, or is a person with an intellectual | ||
disability as defined by Section 591.003, Health and Safety Code, | ||
including, if applicable, information obtained from any previous | ||
assessment of the defendant and information regarding any | ||
previously recommended treatment or service; and | ||
(B) provide to the magistrate a written report | ||
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other information collected under that paragraph [ |
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the form approved by the Texas Correctional Office on Offenders | ||
with Medical or Mental Impairments under Section 614.0032(c) | ||
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(2) The magistrate is not required to order the | ||
interview and collection of other information under Subdivision (1) | ||
if the defendant in the year preceding the defendant's applicable | ||
date of arrest has been determined to have a mental illness or to be | ||
a person with an intellectual disability by the service provider | ||
that contracts with the jail to provide mental health or | ||
intellectual and developmental disability services, the local | ||
mental health authority, the local intellectual and developmental | ||
disability authority, or another mental health or intellectual and | ||
developmental disability expert described by Subdivision (1). A | ||
court that elects to use the results of that previous determination | ||
may proceed under Subsection (c). | ||
(3) If the defendant fails or refuses to submit to the | ||
interview and collection of other information regarding the | ||
defendant as required under Subdivision (1), the magistrate may | ||
order the defendant to submit to an examination in a jail, or in | ||
another place determined to be appropriate by the local mental | ||
health authority or local intellectual and developmental | ||
disability authority, for a reasonable period not to exceed 72 | ||
hours. If applicable, the county in which the committing court is | ||
located shall reimburse the local mental health authority or local | ||
intellectual and developmental disability authority for the | ||
mileage and per diem expenses of the personnel required to | ||
transport the defendant, calculated in accordance with the state | ||
travel regulations in effect at the time. | ||
SECTION 2. Article 16.22, Code of Criminal Procedure, is | ||
amended by adding Subsections (a-1), (a-2), (a-3), (a-4), and (f) | ||
and amending Subsections (b), (b-1), (c), (d), and (e) to read as | ||
follows: | ||
(a-1) If a magistrate orders a local mental health | ||
authority, a local intellectual and developmental disability | ||
authority, or another qualified mental health or intellectual and | ||
developmental disability expert to conduct an interview or collect | ||
information under Subsection (a)(1), the commissioners court for | ||
the county in which the magistrate is located shall reimburse the | ||
local mental health authority, local intellectual and | ||
developmental disability authority, or qualified mental health or | ||
intellectual and developmental disability expert for the cost of | ||
performing those duties in the amount provided by the fee schedule | ||
adopted under Subsection (a-2) or in the amount determined by the | ||
judge under Subsection (a-3), as applicable. | ||
(a-2) The commissioners court for a county may adopt a fee | ||
schedule to pay for the costs to conduct an interview and collect | ||
information under Subsection (a)(1). In developing the fee | ||
schedule, the commissioners court shall consider the generally | ||
accepted reasonable cost in that county of performing the duties | ||
described by Subsection (a)(1). A fee schedule described by this | ||
subsection must be adopted in a public hearing and must be | ||
periodically reviewed by the commissioners court. | ||
(a-3) If the cost of performing the duties described by | ||
Subsection (a)(1) exceeds the amount provided by the applicable fee | ||
schedule or if the commissioners court for the applicable county | ||
has not adopted a fee schedule, the authority or expert who | ||
performed the duties may request that the judge who has | ||
jurisdiction over the underlying offense determine the reasonable | ||
amount for which the authority or expert is entitled to be | ||
reimbursed under Subsection (a-1). The amount determined under | ||
this subsection may not be less than the amount provided by the fee | ||
schedule, if applicable. The judge shall determine the amount not | ||
later than the 45th day after the date the request is made. The | ||
judge is not required to hold a hearing before making a | ||
determination under this subsection. | ||
(a-4) An interview under Subsection (a)(1) may be conducted | ||
in person in the jail, by telephone, or through a telemedicine | ||
medical service or telehealth service. | ||
(b) Except as otherwise permitted by the magistrate for good | ||
cause shown, a written report [ |
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described by Subsection (a)(1)(A) and the other information | ||
collected under that paragraph [ |
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provided to the magistrate: | ||
(1) for a defendant held in custody, not later than 96 | ||
hours after the time an order was issued under Subsection (a); or | ||
(2) for a defendant released from custody, not later | ||
than the 30th day after the date an order was issued under | ||
Subsection (a). | ||
(b-1) The magistrate shall provide copies of the written | ||
report [ |
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representing the state, and the trial court. The written report | ||
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the interview and collection of other information under Subsection | ||
(a)(1)(A) and the applicable expert's observations and findings | ||
pertaining to: | ||
(1) whether the defendant is a person who has a mental | ||
illness or is a person with an intellectual disability; | ||
(2) whether there is clinical evidence to support a | ||
belief that the defendant may be incompetent to stand trial and | ||
should undergo a complete competency examination under Subchapter | ||
B, Chapter 46B; and | ||
(3) any appropriate or recommended treatment or | ||
service. | ||
(c) After the trial court receives the applicable expert's | ||
written report [ |
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Subsection (b-1) or elects to use the results of a previous | ||
determination as described by Subsection (a)(2), the trial court | ||
may, as applicable: | ||
(1) resume criminal proceedings against the | ||
defendant, including any appropriate proceedings related to the | ||
defendant's release on personal bond under Article 17.032 if the | ||
defendant is being held in custody; | ||
(2) resume or initiate competency proceedings, if | ||
required, as provided by Chapter 46B or other proceedings affecting | ||
the defendant's receipt of appropriate court-ordered mental health | ||
or intellectual and developmental disability services, including | ||
proceedings related to the defendant's receipt of outpatient mental | ||
health services under Section 574.034, Health and Safety Code; | ||
(3) consider the written report [ |
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the punishment phase after a conviction of the offense for which the | ||
defendant was arrested, as part of a presentence investigation | ||
report, or in connection with the impositions of conditions | ||
following placement on community supervision, including deferred | ||
adjudication community supervision; or | ||
(4) refer the defendant to an appropriate specialty | ||
court established or operated under Subtitle K, Title 2, Government | ||
Code. | ||
(d) This article does not prevent the applicable court from, | ||
before, during, or after the interview and collection of other | ||
information regarding the defendant as described by this article: | ||
(1) releasing a defendant who has a mental illness or | ||
is a person with an intellectual disability from custody on | ||
personal or surety bond, including imposing as a condition of | ||
release that the defendant submit to an examination or other | ||
assessment; or | ||
(2) ordering an examination regarding the defendant's | ||
competency to stand trial. | ||
(e) The Texas Judicial Council shall adopt rules to require | ||
the reporting of [ |
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submission of the reports to the Office of Court Administration of | ||
the Texas Judicial System on a monthly basis. | ||
(f) A written report submitted to a magistrate under | ||
Subsection (a)(1)(B) is confidential and not subject to disclosure | ||
under Chapter 552, Government Code, but may be used or disclosed as | ||
provided by this article. | ||
SECTION 3. Articles 17.032(b) and (c), Code of Criminal | ||
Procedure, as amended by Chapters 748 (S.B. 1326) and 950 (S.B. | ||
1849), Acts of the 85th Legislature, Regular Session, 2017, are | ||
reenacted and amended to read as follows: | ||
(b) Notwithstanding Article 17.03(b), or a bond schedule | ||
adopted or a standing order entered by a judge, a magistrate shall | ||
release a defendant on personal bond unless good cause is shown | ||
otherwise if: | ||
(1) the defendant is not charged with and has not been | ||
previously convicted of a violent offense; | ||
(2) the defendant is examined by the service provider | ||
that contracts with the jail to provide mental health or | ||
intellectual and developmental disability services, the local | ||
mental health authority, the local intellectual and developmental | ||
disability authority, or another qualified mental health or | ||
intellectual and developmental disability expert under Article | ||
16.22; | ||
(3) the applicable expert, in a written report | ||
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(A) concludes that the defendant has a mental | ||
illness or is a person with an intellectual disability and is | ||
nonetheless competent to stand trial; and | ||
(B) recommends mental health treatment or | ||
intellectual and developmental disability services for the | ||
defendant, as applicable; | ||
(4) the magistrate determines, in consultation with | ||
the local mental health authority or local intellectual and | ||
developmental disability authority, that appropriate | ||
community-based mental health or intellectual and developmental | ||
disability services for the defendant are available in accordance | ||
with Section 534.053 or 534.103, Health and Safety Code, or through | ||
another mental health or intellectual and developmental disability | ||
services provider; and | ||
(5) the magistrate finds, after considering all the | ||
circumstances, a pretrial risk assessment, if applicable, and any | ||
other credible information provided by the attorney representing | ||
the state or the defendant, that release on personal bond would | ||
reasonably ensure the defendant's appearance in court as required | ||
and the safety of the community and the victim of the alleged | ||
offense. | ||
(c) The magistrate, unless good cause is shown for not | ||
requiring treatment or services, shall require as a condition of | ||
release on personal bond under this article that the defendant | ||
submit to outpatient or inpatient mental health treatment or | ||
intellectual and developmental disability services as recommended | ||
by the service provider that contracts with the jail to provide | ||
mental health or intellectual and developmental disability | ||
services, the local mental health authority, the local intellectual | ||
and developmental disability authority, or another qualified | ||
mental health or intellectual and developmental disability expert | ||
if the defendant's: | ||
(1) mental illness or intellectual disability is | ||
chronic in nature; or | ||
(2) ability to function independently will continue to | ||
deteriorate if the defendant does not receive the recommended | ||
treatment or services [ |
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SECTION 4. Section 8(c), Article 42.09, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(c) A county that transfers a defendant to the Texas | ||
Department of Criminal Justice under this article shall also | ||
deliver to the designated officer any presentence or postsentence | ||
investigation report, revocation report, psychological or | ||
psychiatric evaluation of the defendant, including a written report | ||
provided to a court under Article 16.22(a)(1)(B) or an evaluation | ||
prepared for the juvenile court before transferring the defendant | ||
to criminal court and contained in the criminal prosecutor's file, | ||
and available social or psychological background information | ||
relating to the defendant and may deliver to the designated officer | ||
any additional information upon which the judge or jury bases the | ||
punishment decision. | ||
SECTION 5. Section 511.0085(a), Government Code, is amended | ||
to read as follows: | ||
(a) The commission shall develop a comprehensive set of risk | ||
factors to use in assessing the overall risk level of each jail | ||
under the commission's jurisdiction. The set of risk factors must | ||
include: | ||
(1) a history of the jail's compliance with state law | ||
and commission rules, standards, and procedures; | ||
(2) the population of the jail; | ||
(3) the number and nature of complaints regarding the | ||
jail, including complaints regarding a violation of any required | ||
ratio of correctional officers to inmates; | ||
(4) problems with the jail's internal grievance | ||
procedures; | ||
(5) available mental and medical health reports | ||
relating to inmates in the jail, including reports relating to | ||
infectious disease or pregnant inmates; | ||
(6) recent turnover among sheriffs and jail staff; | ||
(7) inmate escapes from the jail; | ||
(8) the number and nature of inmate deaths at the jail, | ||
including the results of the investigations of those deaths; and | ||
(9) whether the jail is in compliance with commission | ||
rules, standards developed by the Texas Correctional Office on | ||
Offenders with Medical or Mental Impairments, and the requirements | ||
of Article 16.22, Code of Criminal Procedure, regarding screening | ||
and assessment protocols for the early identification of and | ||
reports concerning persons with mental illness or an intellectual | ||
disability. | ||
SECTION 6. The heading to Section 614.0032, Health and | ||
Safety Code, is amended to read as follows: | ||
Sec. 614.0032. SPECIAL DUTIES RELATED TO MEDICALLY | ||
RECOMMENDED SUPERVISION; DETERMINATIONS REGARDING MENTAL ILLNESS | ||
OR INTELLECTUAL DISABILITY [ |
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SECTION 7. Section 614.0032, Health and Safety Code, is | ||
amended by adding Subsection (c) to read as follows: | ||
(c) The office shall approve and make generally available in | ||
electronic format a standard form for use by a person providing a | ||
written report under Article 16.22(a)(1)(B), Code of Criminal | ||
Procedure. | ||
SECTION 8. The changes in law made by this Act apply only to | ||
a defendant charged with an offense committed on or after the | ||
effective date of this Act. A defendant charged with an offense | ||
committed before the effective date of this Act is governed by the | ||
law in effect on the date the offense was committed, and the former | ||
law is continued in effect for that purpose. For purposes of this | ||
section, an offense was committed before the effective date of this | ||
Act if any element of the offense occurred before that date. | ||
SECTION 9. To the extent of any conflict, this Act prevails | ||
over another Act of the 86th Legislature, Regular Session, 2019, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
SECTION 10. This Act takes effect September 1, 2019. | ||
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