Bill Text: TX SB362 | 2019-2020 | 86th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to court-ordered mental health services.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-10 - Effective on 9/1/19 [SB362 Detail]
Download: Texas-2019-SB362-Introduced.html
Bill Title: Relating to court-ordered mental health services.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-10 - Effective on 9/1/19 [SB362 Detail]
Download: Texas-2019-SB362-Introduced.html
86R7137 EAS-D | ||
By: Huffman | S.B. No. 362 |
|
||
|
||
relating to court-ordered mental health services. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 46B, Code of Criminal Procedure, is | ||
amended by adding Subchapter B-1 to read as follows: | ||
SUBCHAPTER B-1. CIVIL COMMITMENT FOR OUTPATIENT MENTAL HEALTH | ||
SERVICES: CHARGES PENDING | ||
Art. 46B.041. OUTPATIENT MENTAL HEALTH SERVICES BEFORE | ||
INCOMPETENCY TRIAL FOR CLASS B MISDEMEANOR. (a) This article | ||
applies only to a defendant who is charged with an offense | ||
punishable as a Class B misdemeanor and who the court determines is | ||
not a danger to others and may be safely released on bail and | ||
treated on an outpatient basis while charges remain pending. | ||
(b) On the motion of the attorney representing the state, if | ||
it appears based on the court's examination of the defendant under | ||
Subchapter B that the defendant is a person with mental illness or a | ||
person with an intellectual or developmental disability, and | ||
subject to conditions reasonably related to ensuring public safety | ||
and the effectiveness of the defendant's treatment, the court may | ||
release the defendant on bail while charges against the defendant | ||
remain pending and enter an order transferring the defendant to the | ||
appropriate court for proceedings to commit the defendant to a | ||
course of outpatient mental health services to occur before the | ||
court proceeds under this chapter or with the trial of the offense. | ||
(c) On the motion of the attorney representing the state, if | ||
the court determines the defendant has complied with appropriate | ||
court-ordered outpatient treatment, the court may dismiss the | ||
charges pending against the defendant and discharge the defendant. | ||
(d) On the motion of the attorney representing the state, if | ||
the court determines the defendant has failed to comply with | ||
appropriate court-ordered outpatient treatment, the court shall | ||
proceed under this chapter or with the trial of the offense. | ||
SECTION 2. Section 574.001, Health and Safety Code, is | ||
amended by adding Subsection (g) to read as follows: | ||
(g) An order transferring a criminal defendant against whom | ||
charges have not been dismissed to the appropriate court for a | ||
hearing on court-ordered mental health services in accordance with | ||
Subchapter B-1, Chapter 46B, Code of Criminal Procedure, serves as | ||
an application under this section. | ||
SECTION 3. Sections 574.034(b) and (e), Health and Safety | ||
Code, are amended to read as follows: | ||
(b) The judge may order a proposed patient to receive | ||
court-ordered temporary outpatient mental health services only if: | ||
(1) the judge finds that appropriate mental health | ||
services are available to the proposed patient; and | ||
(2) the judge or jury finds, from clear and convincing | ||
evidence, that: | ||
(A) the proposed patient is a person with mental | ||
illness; | ||
(B) as a result of mental illness, the proposed | ||
patient is unlikely to voluntarily participate in treatment that | ||
the court determines is necessary to prevent a relapse or harmful | ||
deterioration of the proposed patient's condition [ |
||
|
||
(C) the proposed patient has demonstrated | ||
noncompliance with mental health treatment, as shown by one or more | ||
of the following events having occurred during the 48 months | ||
immediately preceding the current proceeding [ |
||
|
||
|
||
(i) the proposed patient was committed by a | ||
court to receive inpatient mental health services two or more times | ||
[ |
||
|
||
(ii) the proposed patient was incarcerated | ||
two or more times [ |
||
|
||
|
||
|
||
(iii) the proposed patient has committed | ||
one or more acts, attempts, or threats of serious violence | ||
[ |
||
|
||
|
||
[ |
||
|
||
|
||
[ |
||
|
||
|
||
|
||
(e) To be clear and convincing under Subsection | ||
[ |
||
[ |
||
|
||
[ |
||
[ |
||
|
||
|
||
[ |
||
|
||
SECTION 4. Section 574.037(c-2), Health and Safety Code, is | ||
amended to read as follows: | ||
(c-2) A court may[ |
||
conference on a patient's failure to comply with court-ordered | ||
outpatient services in accordance with Section 574.0665 [ |
||
|
||
|
||
SECTION 5. Sections 574.061(a), (b), (c), (d), (e), and | ||
(h), Health and Safety Code, are amended to read as follows: | ||
(a) The facility administrator of a facility to which a | ||
patient is committed for inpatient mental health services, not | ||
later than the 30th day after the date the patient is committed to | ||
the facility, shall provide notice to [ |
||
entered the commitment order stating the administrator's | ||
recommendation regarding the appropriateness for the patient of | ||
modifying [ |
||
participate in outpatient mental health services. At any time | ||
during a patient's commitment to an inpatient mental health | ||
facility after the facility administrator provides the notice | ||
required under this subsection, the facility administrator may | ||
recommend that the court that entered the commitment order modify | ||
the order to require the patient to participate in outpatient | ||
mental health services. | ||
(b) A [ |
||
Subsection (a) [ |
||
recommendation [ |
||
accompanied by a supporting certificate of medical examination for | ||
mental illness signed by a physician who examined the patient | ||
during the seven days preceding the recommendation [ |
||
(c) The patient shall be given notice of a facility | ||
administrator's recommendation under Subsection (a) [ |
||
(d) On request of the patient or any other interested | ||
person, the court shall hold a hearing on a facility | ||
administrator's recommendation that the court modify the | ||
commitment order [ |
||
attorney to represent the patient at the hearing and shall consult | ||
with the local mental health authority before issuing a decision. | ||
The hearing shall be held before the court without a jury and as | ||
prescribed by Section 574.031. The patient shall be represented by | ||
an attorney and receive proper notice. | ||
(e) If a hearing is not requested, the court may make a [ |
||
decision regarding a facility administrator's recommendation | ||
solely from the recommendation [ |
||
certificate. | ||
(h) A modified order may [ |
||
original order. | ||
SECTION 6. Subchapter E, Chapter 574, Health and Safety | ||
Code, is amended by adding Section 574.0665 to read as follows: | ||
Sec. 574.0665. STATUS CONFERENCE ON PATIENT'S FAILURE TO | ||
COMPLY WITH COURT-ORDERED OUTPATIENT SERVICES. A court on its own | ||
motion may set a status conference with the patient, the patient's | ||
attorney, and the person designated to be responsible for the | ||
patient's court-ordered outpatient services under Section 574.037. | ||
SECTION 7. Section 574.081, Health and Safety Code, is | ||
amended by amending Subsections (b) and (c) and adding Subsections | ||
(a-1) and (c-1) to read as follows: | ||
(a-1) Subsection (a) applies to a patient scheduled to be | ||
furloughed or discharged from an inpatient mental health facility | ||
or a private mental health facility if the patient's treatment at | ||
the private mental health facility is paid in whole or in part with | ||
state money or money received by the state from the federal | ||
government. | ||
(b) The physician shall prepare the plan as prescribed by | ||
commission [ |
||
local mental health authority in the area in which the patient will | ||
reside before preparing the plan. [ |
||
|
||
|
||
|
||
(c) The plan must address the patient's mental health and | ||
physical needs, including, if appropriate: | ||
(1) the need for outpatient mental health services | ||
following furlough or discharge; and | ||
(2) the need for sufficient medication on furlough or | ||
discharge to last until the patient can see a physician[ |
||
[ |
||
|
||
(c-1) Except as otherwise specified in the plan, the mental | ||
health facility is responsible for paying for medication on | ||
furlough or discharge sufficient to last until the patient can see a | ||
physician. | ||
SECTION 8. Subchapter B, Chapter 22, Government Code, is | ||
amended by adding Section 22.1106 to read as follows: | ||
Sec. 22.1106. JUDICIAL INSTRUCTION RELATED TO | ||
COURT-ORDERED MENTAL HEALTH SERVICES. The court of criminal appeals | ||
shall ensure that judicial training related to the problems of | ||
court-ordered mental health services is provided at least once | ||
every year. The instruction may be provided at the annual Judicial | ||
Education Conference. | ||
SECTION 9. Sections 574.065(e) and 574.081(h), Health and | ||
Safety Code, are repealed. | ||
SECTION 10. The changes in law made by this Act to Chapter | ||
574, Health and Safety Code, apply to a commitment proceeding under | ||
that chapter that occurs on or after the effective date of this Act, | ||
regardless of whether conduct of a proposed patient being evaluated | ||
for that purpose occurred before, on, or after the effective date of | ||
this Act. | ||
SECTION 11. The changes in law made by this Act to Chapter | ||
46B, Code of Criminal Procedure, and Chapter 574, Health and Safety | ||
Code, apply to a proceeding for court-ordered mental health | ||
services that occurs on or after the effective date of this Act, | ||
regardless of when an offense with which the defendant is charged | ||
was committed. | ||
SECTION 12. This Act takes effect September 1, 2019. |