Bill Text: TX SB1389 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to the period for which a person may be committed to a facility or a jail-based or outpatient program for restoration of competency.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-03-14 - Referred to Criminal Justice [SB1389 Detail]

Download: Texas-2019-SB1389-Introduced.html
  86R4898 LHC-D
 
  By: Watson S.B. No. 1389
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the period for which a person may be committed to a
  facility or a jail-based or outpatient program for restoration of
  competency.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 46B.072(b), Code of Criminal Procedure,
  is amended to read as follows:
         (b)  The court shall order a defendant released on bail under
  Subsection (a-1) to participate in an outpatient competency
  restoration program for a period not to exceed 60 [120] days.
         SECTION 2.  Article 46B.073(b), Code of Criminal Procedure,
  is amended to read as follows:
         (b)  For purposes of further examination and competency
  restoration services with the specific objective of the defendant
  attaining competency to stand trial, the court shall commit a
  defendant described by Subsection (a) to a mental health facility,
  residential care facility, or jail-based competency restoration
  program for [the applicable period as follows:
               [(1)]  a period of not more than 60 days[, if the
  defendant is charged with an offense punishable as a misdemeanor;
  or
               [(2)     a period of not more than 120 days, if the
  defendant is charged with an offense punishable as a felony].
         SECTION 3.  Article 46B.079(d), Code of Criminal Procedure,
  is amended to read as follows:
         (d)  If the head of the facility or program provider notifies
  the court that the initial restoration period is about to expire,
  the notice may contain a request for an extension of the period for
  an additional period of 30 [60] days and an explanation for the
  basis of the request.  An explanation provided under this
  subsection must include a description of any evidence indicating a
  reduction in the severity of the defendant's symptoms or
  impairment.
         SECTION 4.  Articles 46B.080(a) and (c), Code of Criminal
  Procedure, are amended to read as follows:
         (a)  On a request of the head of a facility or a program
  provider that is made under Article 46B.079(d) and notwithstanding
  any other provision of this subchapter, the court may enter an order
  extending the initial restoration period for an additional period
  of 30 [60] days.
         (c)  The court may grant only one 30-day [60-day] extension
  under this article in connection with the specific offense with
  which the defendant is charged.
         SECTION 5.  Article 46B.090(l), Code of Criminal Procedure,
  is amended to read as follows:
         (l)  If the psychiatrist for the provider determines that a
  defendant ordered to participate in the pilot program has not been
  restored to competency by the end of the 60th day after the date the
  defendant began to receive services in the pilot program:
               (1)  for a defendant charged with a felony, the court
  may:
                     (A)  order a single extension under Article
  46B.080 and the transfer of the defendant [shall be transferred,]
  without unnecessary delay [and for the remainder of the period
  prescribed by Article 46B.073(b),] to the first available facility
  that is appropriate for that defendant as provided by Article
  46B.073(c) or (d) for the remainder of the period under the
  extension;
                     (B)  proceed under Subchapter E or F; or
                     (C)  release the defendant on bail as permitted
  under Chapter 17; and
               (2)  for a defendant charged with a misdemeanor, the
  court may:
                     (A)  order a single extension under Article
  46B.080 and, notwithstanding Articles 46B.073(e) and (f), the
  transfer of the defendant without unnecessary delay to the
  appropriate mental health facility or residential care facility as
  provided by Article 46B.073(d) for the remainder of the period
  under the extension;
                     (B)  proceed under Subchapter E or F;
                     (C)  release the defendant on bail as permitted
  under Chapter 17; or
                     (D)  dismiss the charges in accordance with
  Article 46B.010.
         SECTION 6.  Article 46B.091(j), Code of Criminal Procedure,
  is amended to read as follows:
         (j)  If the psychiatrist or psychologist for the provider
  determines that a defendant committed to a program implemented
  under this article has not been restored to competency by the end of
  the 60th day after the date the defendant began to receive services
  in the program:
               (1)  for a defendant charged with a felony, the court
  may:
                     (A)  order a single extension under Article
  46B.080 and the transfer of the defendant [shall be transferred,]
  without unnecessary delay [and for the remainder of the period
  prescribed by Article 46B.073(b),] to the first available facility
  that is appropriate for that defendant as provided by Article
  46B.073(c) or (d) for the remainder of the period under the
  extension;
                     (B)  proceed under Subchapter E or F; or
                     (C)  release the defendant on bail as permitted
  under Chapter 17; and
               (2)  for a defendant charged with a misdemeanor, the
  court may:
                     (A)  order a single extension under Article
  46B.080 and, notwithstanding Articles 46B.073(e) and (f), the
  transfer of the defendant without unnecessary delay to the
  appropriate mental health facility or residential care facility as
  provided by Article 46B.073(d) for the remainder of the period
  under the extension;
                     (B)  proceed under Subchapter E or F;
                     (C)  release the defendant on bail as permitted
  under Chapter 17; or
                     (D)  dismiss the charges in accordance with
  Article 46B.010.
         SECTION 7.  The changes in law made by this Act apply only to
  the commitment of a defendant against whom proceedings are
  initiated under Chapter 46B, Code of Criminal Procedure, as amended
  by this Act, on or after the effective date of this Act. The
  commitment of a defendant against whom proceedings are initiated
  before the effective date of this Act is governed by the law in
  effect on the date the proceedings were initiated, and the former
  law is continued in effect for that purpose.
         SECTION 8.  This Act takes effect September 1, 2019.
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