Bill Text: TX HB601 | 2019-2020 | 86th Legislature | Enrolled
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-Enrolled.html
H.B. No. 601 |
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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. | ||
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. Sections 8(a) and (c), Article 42.09, Code of | ||
Criminal Procedure, are amended to read as follows: | ||
(a) A county that transfers a defendant to the Texas | ||
Department of Criminal Justice under this article shall deliver to | ||
an officer designated by the department: | ||
(1) a copy of the judgment entered pursuant to Article | ||
42.01, completed on a standardized felony judgment form described | ||
by Section 4 of that article; | ||
(2) a copy of any order revoking community supervision | ||
and imposing sentence pursuant to Article 42A.755, including: | ||
(A) any amounts owed for restitution, fines, and | ||
court costs, completed on a standardized felony judgment form | ||
described by Section 4, Article 42.01; and | ||
(B) a copy of the client supervision plan | ||
prepared for the defendant by the community supervision and | ||
corrections department supervising the defendant, if such a plan | ||
was prepared; | ||
(3) a written report that states the nature and the | ||
seriousness of each offense and that states the citation to the | ||
provision or provisions of the Penal Code or other law under which | ||
the defendant was convicted; | ||
(4) a copy of the victim impact statement, if one has | ||
been prepared in the case under Article 56.03; | ||
(5) a statement as to whether there was a change in | ||
venue in the case and, if so, the names of the county prosecuting | ||
the offense and the county in which the case was tried; | ||
(6) if requested, information regarding the criminal | ||
history of the defendant, including the defendant's state | ||
identification number if the number has been issued; | ||
(7) a copy of the indictment or information for each | ||
offense; | ||
(8) a checklist sent by the department to the county | ||
and completed by the county in a manner indicating that the | ||
documents required by this subsection and Subsection (c) accompany | ||
the defendant; | ||
(9) if prepared, a copy of a presentence or | ||
postsentence report prepared under Subchapter F, Chapter 42A; | ||
(10) a copy of any detainer, issued by an agency of the | ||
federal government, that is in the possession of the county and that | ||
has been placed on the defendant; | ||
(11) if prepared, a copy of the defendant's Texas | ||
Uniform Health Status Update Form; [ |
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(12) a written description of a hold or warrant, | ||
issued by any other jurisdiction, that the county is aware of and | ||
that has been placed on or issued for the defendant; and | ||
(13) a copy of any mental health records, mental | ||
health screening reports, or similar information regarding the | ||
mental health of the defendant. | ||
(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. Article 46B.001, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 46B.001. DEFINITIONS. In this chapter: | ||
(1) "Adaptive behavior" means the effectiveness with | ||
or degree to which a person meets the standards of personal | ||
independence and social responsibility expected of the person's age | ||
and cultural group. | ||
(2) "Commission" means the Health and Human Services | ||
Commission. | ||
(3) "Competency restoration" means the treatment or | ||
education process for restoring a person's ability to consult with | ||
the person's attorney with a reasonable degree of rational | ||
understanding, including a rational and factual understanding of | ||
the court proceedings and charges against the person. | ||
(4) "Developmental period" means the period of a | ||
person's life from birth through 17 years of age. | ||
(5) "Electronic broadcast system" means a two-way | ||
electronic communication of image and sound between the defendant | ||
and the court and includes secure Internet videoconferencing. | ||
(6) "Executive commissioner" means the executive | ||
commissioner of the Health and Human Services Commission. | ||
(7) "Inpatient mental health facility" has the meaning | ||
assigned by Section 571.003, Health and Safety Code. | ||
(8) [ |
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significantly subaverage general intellectual functioning that is | ||
concurrent with deficits in adaptive behavior and originates during | ||
the developmental period [ |
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(9) [ |
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meaning assigned by Section 571.003, Health and Safety Code. | ||
(10) [ |
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disability authority" has the meaning assigned by Section 531.002, | ||
Health and Safety Code. | ||
(11) [ |
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assigned by Section 571.003, Health and Safety Code. | ||
(12) [ |
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disease, or condition, other than epilepsy, dementia, substance | ||
abuse, or intellectual disability, that grossly impairs: | ||
(A) a person's thought, perception of reality, | ||
emotional process, or judgment; or | ||
(B) behavior as demonstrated by recent disturbed | ||
behavior [ |
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(13) [ |
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meaning assigned by Section 591.003, Health and Safety Code. | ||
(14) "Subaverage general intellectual functioning" | ||
means a measured intelligence two or more standard deviations below | ||
the age-group mean, using a standardized psychometric instrument. | ||
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SECTION 6. Subchapter A, Chapter 46B, Code of Criminal | ||
Procedure, is amended by adding Article 46B.0021 to read as | ||
follows: | ||
Art. 46B.0021. FACILITY DESIGNATION. The commission may | ||
designate for the commitment of a defendant under this chapter only | ||
a facility operated by the commission or under a contract with the | ||
commission for that purpose. | ||
SECTION 7. Article 46B.073(c), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(c) If the defendant is charged with an offense listed in | ||
Article 17.032(a)[ |
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affirmative finding under Article 42A.054(c) or (d), the court | ||
shall enter an order committing the defendant for competency | ||
restoration services to a [ |
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facility designated by the commission [ |
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SECTION 8. Subchapter D, Chapter 46B, Code of Criminal | ||
Procedure, is amended by adding Article 46B.0831 to read as | ||
follows: | ||
Art. 46B.0831. DETERMINATION WHETHER DEFENDANT IS | ||
MANIFESTLY DANGEROUS. A defendant committed to a maximum security | ||
unit by the commission may be assessed, at any time before the | ||
defendant is restored to competency, by the review board | ||
established under Section 46B.105 to determine whether the | ||
defendant is manifestly dangerous. If the review board determines | ||
the defendant is not manifestly dangerous, the commission shall | ||
transfer the defendant to a non-maximum security facility | ||
designated by the commission. | ||
SECTION 9. Article 46B.104, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 46B.104. CIVIL COMMITMENT PLACEMENT: FINDING OF | ||
VIOLENCE. A defendant committed to a facility as a result of | ||
proceedings initiated under this chapter shall be committed to the | ||
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commission [ |
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(1) the defendant is charged with an offense listed in | ||
Article 17.032(a)[ |
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(2) the indictment charging the offense alleges an | ||
affirmative finding under Article 42A.054(c) or (d). | ||
SECTION 10. Articles 46B.105(a), (b), and (e), Code of | ||
Criminal Procedure, are amended to read as follows: | ||
(a) Unless a defendant committed to a maximum security unit | ||
by the commission is determined to be manifestly dangerous by a | ||
review board established under Subsection (b), not later than the | ||
60th day after the date the defendant arrives at the maximum | ||
security unit, the defendant shall be transferred to: | ||
(1) a unit of an inpatient mental health facility | ||
other than a maximum security unit; | ||
(2) a residential care facility; or | ||
(3) a program designated by a local mental health | ||
authority or a local intellectual and developmental disability | ||
authority. | ||
(b) The executive commissioner [ |
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shall appoint a review board of five members, including one | ||
psychiatrist licensed to practice medicine in this state and two | ||
persons who work directly with persons with mental illness or an | ||
intellectual disability, to determine whether the defendant is | ||
manifestly dangerous and, as a result of the danger the defendant | ||
presents, requires continued placement in a maximum security unit. | ||
(e) If the superintendent of the facility at which the | ||
maximum security unit is located disagrees with the determination, | ||
the matter shall be referred to the executive commissioner [ |
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whether the defendant is manifestly dangerous. | ||
SECTION 11. Article 46B.106(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a) A defendant committed to a facility as a result of the | ||
proceedings initiated under this chapter, other than a defendant | ||
described by Article 46B.104, shall be committed to: | ||
(1) a facility designated by the commission | ||
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(2) an outpatient treatment program. | ||
SECTION 12. Articles 46B.107(a) and (d), Code of Criminal | ||
Procedure, are amended to read as follows: | ||
(a) The release of a defendant committed under this chapter | ||
from the commission [ |
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treatment program, or another facility is subject to disapproval by | ||
the committing court if the court or the attorney representing the | ||
state has notified the head of the facility or outpatient treatment | ||
provider, as applicable, to which the defendant has been committed | ||
that a criminal charge remains pending against the defendant. | ||
(d) The court shall, on receiving notice from the head of a | ||
facility or outpatient treatment provider of intent to release the | ||
defendant under Subsection (b) [ |
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determine whether release is appropriate under the applicable | ||
criteria in Subtitle C or D, Title 7, Health and Safety Code. The | ||
court may, on motion of the attorney representing the state or on | ||
its own motion, hold a hearing to determine whether release is | ||
appropriate under the applicable criteria in Subtitle C or D, Title | ||
7, Health and Safety Code, regardless of whether the court receives | ||
notice that the head of a facility or outpatient treatment provider | ||
provides notice of intent to release the defendant under Subsection | ||
(b). The court may conduct the hearing: | ||
(1) at the facility; or | ||
(2) by means of an electronic broadcast system as | ||
provided by Article 46B.013. | ||
SECTION 13. Article 46B.151(c), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(c) Notwithstanding Subsection (b), a defendant placed in a | ||
facility of the commission [ |
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hearing under this article may be detained in that facility only | ||
with the consent of the head of the facility and pursuant to an | ||
order of protective custody issued under Subtitle C, Title 7, | ||
Health and Safety Code. | ||
SECTION 14. Articles 46C.001(1) and (2), Code of Criminal | ||
Procedure, are amended to read as follows: | ||
(1) "Commission" means the Health and Human Services | ||
Commission [ |
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(2) "Executive commissioner" means the executive | ||
commissioner of the Health and Human Services Commission | ||
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SECTION 15. Subchapter A, Chapter 46C, Code of Criminal | ||
Procedure, is amended by adding Article 46C.0011 to read as | ||
follows: | ||
Art. 46C.0011. FACILITY DESIGNATION. The commission may | ||
designate for the commitment of a defendant under this chapter only | ||
a facility operated by the commission or under a contract with the | ||
commission for that purpose. | ||
SECTION 16. Article 46C.104, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 46C.104. ORDER COMPELLING DEFENDANT TO SUBMIT TO | ||
EXAMINATION. (a) For the purposes described by this chapter, the | ||
court may order any defendant to submit to examination, including a | ||
defendant who is free on bail. If the defendant fails or refuses to | ||
submit to examination, the court may order the defendant to custody | ||
for examination for a reasonable period not to exceed 21 days. | ||
Custody ordered by the court under this subsection may include | ||
custody at a facility operated by the commission [ |
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(b) If a defendant who has been ordered to a facility | ||
operated by the commission [ |
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the facility for a period that exceeds 21 days, the head of that | ||
facility shall cause the defendant to be immediately transported to | ||
the committing court and placed in the custody of the sheriff of the | ||
county in which the committing court is located. That county shall | ||
reimburse the facility for the mileage and per diem expenses of the | ||
personnel required to transport the defendant, calculated in | ||
accordance with the state travel rules in effect at that time. | ||
(c) The court may not order a defendant to a facility | ||
operated by the commission [ |
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consent of the head of that facility. | ||
SECTION 17. Article 46C.106(b), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(b) The county in which the indictment was returned or | ||
information was filed shall reimburse a facility operated by the | ||
commission [ |
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under this subchapter for expenses incurred that are determined by | ||
the commission [ |
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incidental to the proper examination of the defendant. | ||
SECTION 18. Article 46C.160(b), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(b) The court may order a defendant detained in a facility | ||
of the commission [ |
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consent of the head of the facility. | ||
SECTION 19. Article 46C.202(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a) Notwithstanding Article 46C.201(b), a person placed in | ||
a commission [ |
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described by that subsection may be detained only with the consent | ||
of the head of the facility and under an Order of Protective Custody | ||
issued under Subtitle C or D, Title 7, Health and Safety Code. | ||
SECTION 20. Articles 46C.251(a) and (b), Code of Criminal | ||
Procedure, are amended to read as follows: | ||
(a) The court shall order the acquitted person to be | ||
committed for evaluation of the person's present mental condition | ||
and for treatment to the [ |
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designated by the commission [ |
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commitment under this article may not exceed 30 days. | ||
(b) The court shall order that: | ||
(1) a transcript of all medical testimony received in | ||
the criminal proceeding be prepared as soon as possible by the court | ||
reporter and the transcript be forwarded to the facility to which | ||
the acquitted person is committed; and | ||
(2) the following information be forwarded to the | ||
facility and[ |
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(A) the complete name, race, and gender of the | ||
person; | ||
(B) any known identifying number of the person, | ||
including social security number, driver's license number, or state | ||
identification number; | ||
(C) the person's date of birth; and | ||
(D) the offense of which the person was found not | ||
guilty by reason of insanity and a statement of the facts and | ||
circumstances surrounding the alleged offense. | ||
SECTION 21. Article 46C.260, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 46C.260. TRANSFER OF COMMITTED PERSON TO NON-MAXIMUM | ||
SECURITY [ |
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facility under this subchapter shall be committed to a [ |
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(b) A person committed under this subchapter shall be | ||
transferred to the designated facility [ |
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immediately on the entry of the order of commitment. | ||
(c) Unless a [ |
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unit by the commission is determined to be manifestly dangerous by a | ||
review board under this article [ |
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than the 60th day following the date of the person's arrival at the | ||
maximum security unit the person shall be transferred to a | ||
non-maximum security [ |
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the commission [ |
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(d) The executive commissioner shall appoint a review board | ||
of five members, including one psychiatrist licensed to practice | ||
medicine in this state and two persons who work directly with | ||
persons with mental illnesses or with mental retardation, to | ||
determine whether the person is manifestly dangerous and, as a | ||
result of the danger the person presents, requires continued | ||
placement in a maximum security unit. | ||
(e) If the head of the facility at which the maximum | ||
security unit is located disagrees with the determination, then the | ||
matter shall be referred to the executive commissioner. The | ||
executive commissioner shall decide whether the person is | ||
manifestly dangerous. | ||
SECTION 22. 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 23. Section 532.013(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) In this section: | ||
(1) "Forensic patient" means a person with mental | ||
illness or a person with an intellectual disability who is: | ||
(A) examined on the issue of competency to stand | ||
trial by an expert appointed under Subchapter B, Chapter 46B, Code | ||
of Criminal Procedure; | ||
(B) found incompetent to stand trial under | ||
Subchapter C, Chapter 46B, Code of Criminal Procedure; | ||
(C) committed to court-ordered mental health | ||
services under Subchapter E, Chapter 46B, Code of Criminal | ||
Procedure; [ |
||
(D) found not guilty by reason of insanity under | ||
Chapter 46C, Code of Criminal Procedure; | ||
(E) examined on the issue of fitness to proceed | ||
with juvenile court proceedings by an expert appointed under | ||
Chapter 51, Family Code; or | ||
(F) found unfit to proceed under Subchapter C, | ||
Chapter 55, Family Code. | ||
(2) "Forensic services" means a competency | ||
examination, competency restoration services, or mental health or | ||
intellectual disability services provided to a current or former | ||
forensic patient in the community or at a department facility. | ||
SECTION 24. 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 [ |
||
SECTION 25. 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 26. (a) The changes in law made by this Act to | ||
Articles 16.22 and 17.032, Code of Criminal Procedure, and to | ||
Section 8(c), Article 42.09, Code of Criminal Procedure, 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. | ||
(b) The changes in law made by this Act to Section 8(a), | ||
Article 42.09, Code of Criminal Procedure, and to Chapters 46B and | ||
46C, Code of Criminal Procedure, apply only to a proceeding that | ||
begins on or after the effective date of this Act, regardless of | ||
when the defendant committed the underlying offense for which the | ||
defendant became subject to the proceeding. A proceeding that | ||
begins before the effective date of this Act is governed by the law | ||
in effect on the date the proceeding began, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 27. 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 28. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 601 was passed by the House on April | ||
10, 2019, by the following vote: Yeas 146, Nays 1, 1 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 601 on May 23, 2019, by the following vote: Yeas 141, Nays 1, 1 | ||
present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 601 was passed by the Senate, with | ||
amendments, on May 19, 2019, by the following vote: Yeas 31, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |