Bill Text: TX SB362 | 2019-2020 | 86th Legislature | Comm Sub
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-Comm_Sub.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-Comm_Sub.html
By: Huffman, Hinojosa | S.B. No. 362 | |
(In the Senate - Filed January 16, 2019; February 7, 2019, | ||
read first time and referred to Committee on State Affairs; | ||
April 8, 2019, reported adversely, with favorable Committee | ||
Substitute by the following vote: Yeas 9, Nays 0; April 8, 2019, | ||
sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 362 | By: Huffman |
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relating to court-ordered mental health services. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 137.008(a), Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
(a) A physician or other health care provider may subject | ||
the principal to mental health treatment in a manner contrary to the | ||
principal's wishes as expressed in a declaration for mental health | ||
treatment only: | ||
(1) if the principal is under an order for temporary or | ||
extended mental health services under Section 574.034, 574.0345, | ||
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authorized in compliance with Section 574.106, Health and Safety | ||
Code; or | ||
(2) in case of an emergency when the principal's | ||
instructions have not been effective in reducing the severity of | ||
the behavior that has caused the emergency. | ||
SECTION 2. Article 16.22, Code of Criminal Procedure, is | ||
amended by amending Subsection (c) and adding Subsections (c-1), | ||
(c-2), and (c-3) to read as follows: | ||
(c) After the trial court receives the applicable expert's | ||
written assessment relating to the defendant under 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 [ |
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(3) consider the written assessment during 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; [ |
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(4) refer the defendant to an appropriate specialty | ||
court established or operated under Subtitle K, Title 2, Government | ||
Code; or | ||
(5) if the offense charged does not involve an act, | ||
attempt, or threat of serious bodily injury to another person, | ||
release the defendant on bail while charges against the defendant | ||
remain pending and enter an order transferring the defendant to the | ||
appropriate court for court-ordered outpatient mental health | ||
services under Chapter 574, Health and Safety Code. | ||
(c-1) If an order is entered under Subsection (c)(5), an | ||
attorney representing the state shall file the application for | ||
court-ordered outpatient services under Chapter 574, Health and | ||
Safety Code. | ||
(c-2) On the motion of an 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. | ||
(c-3) On the motion of an 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 3. Section 55.13(d), Family Code, is amended to | ||
read as follows: | ||
(d) After conducting a hearing on an application under this | ||
section, the juvenile court shall: | ||
(1) if the criteria under Section 574.034 or 574.0345, | ||
Health and Safety Code, are satisfied, order temporary mental | ||
health services for the child; or | ||
(2) if the criteria under Section 574.035 or 574.0355, | ||
Health and Safety Code, are satisfied, order extended mental health | ||
services for the child. | ||
SECTION 4. Section 55.38(b), Family Code, is amended to | ||
read as follows: | ||
(b) After conducting a hearing under Subsection (a)(2), the | ||
juvenile court shall: | ||
(1) if the criteria under Section 574.034 or 574.0345, | ||
Health and Safety Code, are satisfied, order temporary mental | ||
health services; or | ||
(2) if the criteria under Section 574.035 or 574.0355, | ||
Health and Safety Code, are satisfied, order extended mental health | ||
services. | ||
SECTION 5. Section 55.57(b), Family Code, is amended to | ||
read as follows: | ||
(b) After conducting a hearing under Subsection (a)(2), the | ||
juvenile court shall: | ||
(1) if the criteria under Section 574.034 or 574.0345, | ||
Health and Safety Code, are satisfied, order temporary mental | ||
health services; or | ||
(2) if the criteria under Section 574.035 or 574.0355, | ||
Health and Safety Code, are satisfied, order extended mental health | ||
services. | ||
SECTION 6. 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 7. Section 501.057(b), Government Code, is amended | ||
to read as follows: | ||
(b) Not later than the 30th day before the initial parole | ||
eligibility date of an inmate identified as mentally ill, an | ||
institutional division psychiatrist shall examine the inmate. The | ||
psychiatrist shall file a sworn application for court-ordered | ||
temporary mental health services under Chapter 574, Health and | ||
Safety Code, if the psychiatrist determines that the inmate is | ||
mentally ill and as a result of the illness the inmate meets at | ||
least one of the criteria listed in Section 574.034 or 574.0345, | ||
Health and Safety Code. | ||
SECTION 8. Section 574.002(c), Health and Safety Code, is | ||
amended to read as follows: | ||
(c) Any application must contain the following information | ||
according to the applicant's information and belief: | ||
(1) the proposed patient's name and address; | ||
(2) the proposed patient's county of residence in this | ||
state; | ||
(3) a statement that the proposed patient is a person | ||
with mental illness and meets the criteria in Section 574.034, | ||
574.0345, [ |
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services; and | ||
(4) whether the proposed patient is charged with a | ||
criminal offense. | ||
SECTION 9. Section 574.031, Health and Safety Code, is | ||
amended by adding Subsections (d-1) and (d-2) to read as follows: | ||
(d-1) In a hearing for temporary inpatient or outpatient | ||
mental health services under Section 574.034 or 574.0345, the | ||
proposed patient and the proposed patient's attorney, by a written | ||
document filed with the court, may waive the right to cross-examine | ||
witnesses, and, if that right is waived, the court may admit, as | ||
evidence, the certificates of medical examination for mental | ||
illness. The certificates admitted under this subsection | ||
constitute competent medical or psychiatric testimony, and the | ||
court may make its findings solely from the certificates. If the | ||
proposed patient and the proposed patient's attorney do not waive | ||
in writing the right to cross-examine witnesses, the court shall | ||
proceed to hear testimony. The testimony must include competent | ||
medical or psychiatric testimony. | ||
(d-2) In a hearing for extended inpatient or outpatient | ||
mental health services under Section 574.035 or 574.0355, the court | ||
may not make its findings solely from the certificates of medical | ||
examination for mental illness but shall hear testimony. The court | ||
may not enter an order for extended mental health services unless | ||
appropriate findings are made and are supported by testimony taken | ||
at the hearing. The testimony must include competent medical or | ||
psychiatric testimony. | ||
SECTION 10. The heading to Section 574.034, Health and | ||
Safety Code, is amended to read as follows: | ||
Sec. 574.034. ORDER FOR TEMPORARY INPATIENT MENTAL HEALTH | ||
SERVICES. | ||
SECTION 11. Sections 574.034(g) and (h), Health and Safety | ||
Code, are amended to read as follows: | ||
(g) An order for temporary inpatient [ |
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health services shall state that treatment is authorized for not | ||
longer than 45 days, except that the order may specify a period not | ||
to exceed 90 days if the judge finds that the longer period is | ||
necessary. | ||
(h) A judge may not issue an order for temporary inpatient | ||
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is charged with a criminal offense that involves an act, attempt, or | ||
threat of serious bodily injury to another person. | ||
SECTION 12. Subchapter C, Chapter 574, Health and Safety | ||
Code, is amended by adding Section 574.0345 to read as follows: | ||
Sec. 574.0345. ORDER FOR TEMPORARY OUTPATIENT MENTAL HEALTH | ||
SERVICES. (a) The judge may order a proposed patient to receive | ||
court-ordered extended 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 severe | ||
and persistent mental illness; | ||
(B) as a result of the mental illness, the | ||
proposed patient will, if not treated, experience deterioration of | ||
the ability to function independently to the extent that the | ||
proposed patient will be unable to live safely in the community | ||
without court-ordered outpatient mental health services; | ||
(C) outpatient mental health services are needed | ||
to prevent a relapse that would likely result in serious harm to the | ||
proposed patient or others; and | ||
(D) the proposed patient has an inability to | ||
participate in outpatient treatment services effectively and | ||
voluntarily, demonstrated by: | ||
(i) any of the proposed patient's actions | ||
occurring within the two-year period that immediately precedes the | ||
hearing; or | ||
(ii) specific characteristics of the | ||
proposed patient's clinical condition that significantly impair | ||
the proposed patient's ability to make a rational and informed | ||
decision whether to submit to voluntary outpatient treatment. | ||
(b) To be clear and convincing under Subsection (a)(2), the | ||
evidence must include expert testimony and evidence of a recent | ||
overt act or a continuing pattern of behavior that tends to confirm: | ||
(1) the deterioration of ability to function | ||
independently to the extent that the proposed patient will be | ||
unable to live safely in the community; | ||
(2) the need for outpatient mental health services to | ||
prevent a relapse that would likely result in serious harm to the | ||
proposed patient or others; and | ||
(3) the proposed patient's inability to participate in | ||
outpatient treatment services effectively and voluntarily. | ||
(c) An order for temporary outpatient mental health | ||
services shall state that treatment is authorized for not longer | ||
than 45 days, except that the order may specify a period not to | ||
exceed 90 days if the judge finds that the longer period is | ||
necessary. | ||
(d) A judge may not issue an order for temporary outpatient | ||
mental health services for a proposed patient who is charged with a | ||
criminal offense that involves an act, attempt, or threat of | ||
serious bodily injury to another person. | ||
SECTION 13. The heading to Section 574.035, Health and | ||
Safety Code, is amended to read as follows: | ||
Sec. 574.035. ORDER FOR EXTENDED INPATIENT MENTAL HEALTH | ||
SERVICES. | ||
SECTION 14. Sections 574.035(d), (h), and (i), Health and | ||
Safety Code, are amended to read as follows: | ||
(d) The jury or judge is not required to make the finding | ||
under Subsection (a)(4) [ |
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already been subject to an order for extended mental health | ||
services. | ||
(h) An order for extended inpatient [ |
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health services shall state that treatment is authorized for not | ||
longer than 12 months. The order may not specify a shorter period. | ||
(i) A judge may not issue an order for extended inpatient | ||
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is charged with a criminal offense that involves an act, attempt, or | ||
threat of serious bodily injury to another person. | ||
SECTION 15. Subchapter C, Chapter 574, Health and Safety | ||
Code, is amended by adding Section 574.0355 to read as follows: | ||
Sec. 574.0355. ORDER FOR EXTENDED OUTPATIENT MENTAL HEALTH | ||
SERVICES. (a) 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 severe | ||
and persistent mental illness; | ||
(B) as a result of the mental illness, the | ||
proposed patient will, if not treated, experience deterioration of | ||
the ability to function independently to the extent that the | ||
proposed patient will be unable to live safely in the community | ||
without court-ordered outpatient mental health services; | ||
(C) outpatient mental health services are needed | ||
to prevent a relapse that would likely result in serious harm to the | ||
proposed patient or others; | ||
(D) the proposed patient has an inability to | ||
participate in outpatient treatment services effectively and | ||
voluntarily, demonstrated by: | ||
(i) any of the proposed patient's actions | ||
occurring within the two-year period that immediately precedes the | ||
hearing; or | ||
(ii) specific characteristics of the | ||
proposed patient's clinical condition that significantly impair | ||
the proposed patient's ability to make a rational and informed | ||
decision whether to submit to voluntary outpatient treatment; | ||
(E) the proposed patient's condition is expected | ||
to continue for more than 90 days; and | ||
(F) the proposed patient has received: | ||
(i) court-ordered inpatient mental health | ||
services under this subtitle or under Subchapter D or E, Chapter | ||
46B, Code of Criminal Procedure, for a total of at least 60 days | ||
during the preceding 12 months; or | ||
(ii) court-ordered outpatient mental | ||
health services under this subtitle or under Subchapter D or E, | ||
Chapter 46B, Code of Criminal Procedure, during the preceding 60 | ||
days. | ||
(b) The jury or judge is not required to make the finding | ||
under Subsection (a)(2)(F) if the proposed patient has already been | ||
subject to an order for extended mental health services. | ||
(c) To be clear and convincing under Subsection (a)(2), the | ||
evidence must include expert testimony and evidence of a recent | ||
overt act or a continuing pattern of behavior that tends to confirm: | ||
(1) the deterioration of ability to function | ||
independently to the extent that the proposed patient will be | ||
unable to live safely in the community; | ||
(2) the need for outpatient mental health services to | ||
prevent a relapse that would likely result in serious harm to the | ||
proposed patient or others; and | ||
(3) the proposed patient's inability to participate in | ||
outpatient treatment services effectively and voluntarily. | ||
(d) An order for extended outpatient mental health services | ||
must state that treatment is authorized for not longer than 12 | ||
months. The order may not specify a shorter period. | ||
(e) A judge may not issue an order for extended outpatient | ||
mental health services for a proposed patient who is charged with a | ||
criminal offense that involves an act, attempt, or threat of | ||
serious bodily injury to another person. | ||
SECTION 16. Section 574.036(e), Health and Safety Code, is | ||
amended to read as follows: | ||
(e) The judge may enter an order: | ||
(1) committing the person to a mental health facility | ||
for inpatient care if the trier of fact finds that the person meets | ||
the commitment criteria prescribed by Section 574.034(a) or | ||
574.035(a); or | ||
(2) committing the person to outpatient mental health | ||
services if the trier of fact finds that the person meets the | ||
commitment criteria prescribed by Section 574.0345(a) [ |
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or 574.0355(a) [ |
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SECTION 17. Sections 574.037(b-2) and (c-2), Health and | ||
Safety Code, are amended to read as follows: | ||
(b-2) The person responsible for the services shall submit | ||
the program to the court before the hearing under Section 574.034, | ||
574.0345, [ |
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order under Section 574.061, as appropriate. | ||
(c-2) A court may[ |
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conference in accordance with Section 574.0665 [ |
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SECTION 18. 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 assess the appropriateness of transferring the | ||
patient to outpatient mental health services. The facility | ||
administrator may recommend that [ |
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entered the commitment order [ |
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patient to participate in outpatient mental health services. | ||
(b) A [ |
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Subsection (a) [ |
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recommendation [ |
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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 [ |
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(c) The patient shall be given notice of a facility | ||
administrator's recommendation under Subsection (a) [ |
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(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 [ |
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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 [ |
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decision regarding a facility administrator's recommendation based | ||
on: | ||
(1) [ |
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(2) [ |
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(3) consultation with the local mental health | ||
authority concerning available resources to treat the patient. | ||
(h) A modified order may [ |
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original order, but may not exceed the term of the original order by | ||
60 days. | ||
SECTION 19. Subchapter E, Chapter 574, Health and Safety | ||
Code, is amended by adding Section 574.0665 to read as follows: | ||
Sec. 574.0665. STATUS CONFERENCE. 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 20. Section 574.069(e), Health and Safety Code, is | ||
amended to read as follows: | ||
(e) The court shall dismiss the request if the court finds | ||
from clear and convincing evidence that the patient continues to | ||
meet the criteria for court-ordered extended mental health services | ||
prescribed by Section 574.035 or 574.0355. | ||
SECTION 21. Section 574.081, Health and Safety Code, is | ||
amended by amending Subsections (b) and (c) and adding Subsections | ||
(a-1), (a-2), and (c-1) to read as follows: | ||
(a-1) In this section, "state hospital" means a mental | ||
health facility that: | ||
(1) can provide 24-hour residential and psychiatric | ||
services; and | ||
(2) is a facility operated by the department. | ||
(a-2) Subject to available resources, Subsection (a) | ||
applies to a patient scheduled to be furloughed or discharged from a | ||
state hospital or a private mental health facility if the patient's | ||
treatment at the state hospital or private mental health facility | ||
occurs under a contract and private psychiatric bed statement of | ||
work between the state hospital or private mental health facility | ||
and the commission. | ||
(b) The physician shall prepare the plan as prescribed by | ||
commission [ |
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local mental health authority in the area in which the patient will | ||
reside before preparing the plan. The local mental health | ||
authority shall be informed of and must participate in planning the | ||
discharge of a patient [ |
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(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 psychoactive medication on | ||
furlough or discharge to last until the patient can see a | ||
physician[ |
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(c-1) Except as otherwise specified in the plan and subject | ||
to available funding provided to the commission and paid to a | ||
private mental health facility for this purpose, a private mental | ||
health facility that is contracting with a local mental health | ||
authority is responsible for providing or paying for psychoactive | ||
medication and any other medication prescribed to the patient to | ||
counteract adverse side effects of psychoactive medication on | ||
furlough or discharge sufficient to last until the patient can see a | ||
physician. The commission shall adopt rules to determine the | ||
quantity and manner of providing psychoactive medication, as | ||
required by this section. The executive commissioner may not adopt | ||
rules requiring a mental health facility to provide or pay for | ||
psychoactive medication for more than seven days after furlough or | ||
discharge. | ||
SECTION 22. Sections 574.104(a), (b), and (d), Health and | ||
Safety Code, are amended to read as follows: | ||
(a) A physician who is treating a patient may, on behalf of | ||
the state, file an application in a probate court or a court with | ||
probate jurisdiction for an order to authorize the administration | ||
of a psychoactive medication regardless of the patient's refusal | ||
if: | ||
(1) the physician believes that the patient lacks the | ||
capacity to make a decision regarding the administration of the | ||
psychoactive medication; | ||
(2) the physician determines that the medication is | ||
the proper course of treatment for the patient; | ||
(3) the patient is under an order for inpatient mental | ||
health services under this chapter or other law or an application | ||
for court-ordered mental health services under Section 574.034, | ||
574.0345, [ |
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and | ||
(4) the patient, verbally or by other indication, | ||
refuses to take the medication voluntarily. | ||
(b) An application filed under this section must state: | ||
(1) that the physician believes that the patient lacks | ||
the capacity to make a decision regarding administration of the | ||
psychoactive medication and the reasons for that belief; | ||
(2) each medication the physician wants the court to | ||
compel the patient to take; | ||
(3) whether an application for court-ordered mental | ||
health services under Section 574.034, 574.0345, [ |
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574.0355 has been filed; | ||
(4) whether a court order for inpatient mental health | ||
services for the patient has been issued and, if so, under what | ||
authority it was issued; | ||
(5) the physician's diagnosis of the patient; and | ||
(6) the proposed method for administering the | ||
medication and, if the method is not customary, an explanation | ||
justifying the departure from the customary methods. | ||
(d) The hearing on the application may be held on the date of | ||
a hearing on an application for court-ordered mental health | ||
services under Section 574.034, 574.0345, [ |
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but shall be held not later than 30 days after the filing of the | ||
application for the order to authorize psychoactive medication. If | ||
the hearing is not held on the same day as the application for | ||
court-ordered mental health services under those sections [ |
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health facility in another county, the court may transfer the | ||
application for an order to authorize psychoactive medication to | ||
the county where the patient has been transferred. | ||
SECTION 23. Section 574.151, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 574.151. APPLICABILITY. This subchapter applies only | ||
to a person for whom a motion for court-ordered mental health | ||
services is filed under Section 574.001, for whom a final order on | ||
that motion has not been entered under Section 574.034, 574.0345, | ||
[ |
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an inpatient mental health facility: | ||
(1) while the person is receiving at that facility | ||
involuntary inpatient services under Subchapter B or under Chapter | ||
573; or | ||
(2) before the 31st day after the date the person was | ||
released from that facility under Section 573.023 or 574.028. | ||
SECTION 24. Section 152.00164(b), Human Resources Code, is | ||
amended to read as follows: | ||
(b) Before a child who is identified as having a mental | ||
illness is discharged from the custody of the juvenile board or | ||
local juvenile probation department under Section 152.00163(b), | ||
the juvenile board or local juvenile probation department shall | ||
arrange for a psychiatrist to examine the child. The juvenile board | ||
or local juvenile probation department shall refer a child | ||
requiring outpatient psychiatric treatment to the appropriate | ||
mental health authority. For a child requiring inpatient | ||
psychiatric treatment, the juvenile board or local juvenile | ||
probation department shall file a sworn application for | ||
court-ordered mental health services, as provided in Subchapter C, | ||
Chapter 574, Health and Safety Code, if: | ||
(1) the child is not receiving court-ordered mental | ||
health services; and | ||
(2) the psychiatrist who examined the child determines | ||
that the child has a mental illness and the child meets at least one | ||
of the criteria listed in Section 574.034 or 574.035, Health and | ||
Safety Code. | ||
SECTION 25. Section 244.012(b), Human Resources Code, is | ||
amended to read as follows: | ||
(b) Before a child who is identified as mentally ill is | ||
discharged from the department's custody under Section 244.011(b), | ||
a department psychiatrist shall examine the child. The department | ||
shall refer a child requiring outpatient psychiatric treatment to | ||
the appropriate mental health authority. For a child requiring | ||
inpatient psychiatric treatment, the department shall file a sworn | ||
application for court-ordered mental health services, as provided | ||
in Subchapter C, Chapter 574, Health and Safety Code, if: | ||
(1) the child is not receiving court-ordered mental | ||
health services; and | ||
(2) the psychiatrist who examined the child determines | ||
that the child is mentally ill and the child meets at least one of | ||
the criteria listed in Section 574.034 or 574.035, Health and | ||
Safety Code. | ||
SECTION 26. The Supreme Court shall: | ||
(1) adopt rules to streamline and promote the | ||
efficiency of court processes under Chapter 573, Health and Safety | ||
Code; and | ||
(2) adopt rules or implement other measures to create | ||
consistency and increase access to the judicial branch for mental | ||
health issues. | ||
SECTION 27. The following sections of the Health and Safety | ||
Code are repealed: | ||
(1) Sections 574.034(b), (e), and (f); and | ||
(2) Sections 574.035(b), (f), and (g). | ||
SECTION 28. The Health and Human Services Commission is | ||
required to implement a provision of this Act only if the | ||
legislature appropriates money specifically for that purpose. If | ||
the legislature does not appropriate money specifically for that | ||
purpose, the Health and Human Services Commission may, but is not | ||
required to, implement a provision of this Act using other | ||
appropriations available for that purpose. | ||
SECTION 29. 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 30. The changes in law made by this Act to Article | ||
16.22, 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 31. This Act takes effect September 1, 2019. | ||
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