Bill Text: TX HB2023 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to the appointment of a forensic director responsible for statewide coordination and oversight of forensic mental health services overseen by the Department of State Health Services.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2015-05-08 - Laid on the table subject to call [HB2023 Detail]
Download: Texas-2015-HB2023-Comm_Sub.html
| 84R22927 GCB-D | |||
| By: Naishtat, Price | H.B. No. 2023 | ||
| Substitute the following for H.B. No. 2023: | |||
| By: Crownover | C.S.H.B. No. 2023 | ||
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| relating to the appointment of a forensic director responsible for | ||
| statewide coordination and oversight of forensic mental health | ||
| services overseen by the Department of State Health Services. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 532, Health and Safety Code, as amended | ||
| by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is | ||
| amended by adding Sections 532.0024 and 532.0025 to read as | ||
| follows: | ||
| Sec. 532.0024. FORENSIC DIRECTOR. (a) In this section: | ||
| (1) "Forensic patient" means a person with mental | ||
| illness 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; or | ||
| (D) found not guilty by reason of insanity under | ||
| Chapter 46C, Code of Criminal Procedure. | ||
| (2) "Forensic services" means a competency | ||
| examination, competency restoration services, or mental health | ||
| services provided to a current or former forensic patient in the | ||
| community or at a department facility. | ||
| (b) The commissioner shall appoint a forensic director. | ||
| (c) To be qualified for appointment as forensic director, a | ||
| person must have proven expertise in the social, health, and legal | ||
| systems for forensic patients, and in the intersection of those | ||
| systems. | ||
| (d) The forensic director reports to the commissioner and is | ||
| responsible for: | ||
| (1) statewide coordination and oversight of forensic | ||
| services; | ||
| (2) any programs operated by the department relating | ||
| to evaluation of forensic patients, transition of forensic patients | ||
| from inpatient to outpatient or community-based services, | ||
| community forensic monitoring, or forensic research and training; | ||
| and | ||
| (3) addressing issues with the delivery of forensic | ||
| services in the state, including: | ||
| (A) significant increases in populations with | ||
| serious mental illness and criminal justice system involvement; | ||
| (B) adequate availability of department | ||
| facilities for civilly committed forensic patients; | ||
| (C) wait times for forensic patients who require | ||
| competency restoration services; | ||
| (D) interruption of mental health services of | ||
| recently released forensic patients; and | ||
| (E) coordination of services provided to | ||
| forensic patients by state agencies. | ||
| Sec. 532.0025. FORENSIC WORKGROUP. (a) In this section, | ||
| "forensic patient" and "forensic services" have the meanings | ||
| assigned by Section 532.0024. | ||
| (b) The executive commissioner shall establish a workgroup | ||
| of experts and stakeholders to make recommendations concerning the | ||
| creation of a comprehensive plan for the effective coordination of | ||
| forensic services. | ||
| (c) The workgroup must have not fewer than nine members, | ||
| with the executive commissioner selecting the total number of | ||
| members at the time the executive commissioner establishes the | ||
| workgroup. | ||
| (d) The executive commissioner shall appoint as members of | ||
| the workgroup: | ||
| (1) a representative of the department; | ||
| (2) a representative of the Texas Department of | ||
| Criminal Justice; | ||
| (3) a representative of the Texas Juvenile Justice | ||
| Department; | ||
| (4) a representative of the Texas Correctional Office | ||
| on Offenders with Medical or Mental Impairments; | ||
| (5) a representative of the Sheriff's Association of | ||
| Texas; | ||
| (6) a superintendent of a state hospital with a | ||
| maximum security forensic unit; | ||
| (7) a representative of a local mental health | ||
| authority; | ||
| (8) a representative of the County Judges and | ||
| Commissioners Association; | ||
| (9) a representative of the protection and advocacy | ||
| system of this state established in accordance with 42 U.S.C. | ||
| Section 15043, appointed by the administrative head of that system; | ||
| and | ||
| (10) additional members as needed to comply with the | ||
| number of members selected by the executive commissioner, who must | ||
| be recognized experts in forensic patients or persons who represent | ||
| the interests of forensic patients, and who may be advocates, | ||
| family members, psychiatrists, psychologists, social workers, | ||
| psychiatric nurses, or representatives of hospitals licensed under | ||
| Chapter 241 or 577. | ||
| (e) In developing recommendations, the workgroup may use | ||
| information compiled by, and shall collaborate and align efforts | ||
| with, other workgroups in the state, especially workgroups for | ||
| which the focus is mental health issues. | ||
| (f) Not later than July 1, 2016, the workgroup established | ||
| under this section shall send a report describing the workgroup's | ||
| recommendations to the lieutenant governor, the speaker of the | ||
| house of representatives, and the standing committees of the senate | ||
| and the house of representatives with primary jurisdiction over | ||
| forensic services. | ||
| (g) The executive commissioner may adopt rules as necessary | ||
| to implement this section. | ||
| (h) The workgroup established under this section is | ||
| dissolved and this section expires November 1, 2019. | ||
| SECTION 2. Not later than November 1, 2015, the executive | ||
| commissioner of the Health and Human Services Commission shall: | ||
| (1) establish a forensic workgroup and shall appoint | ||
| members of that workgroup, as required by Section 532.0025, Health | ||
| and Safety Code, as added by this Act; and | ||
| (2) adopt any rules necessary for the implementation | ||
| of Section 532.0024 or 532.0025, Health and Safety Code, as added by | ||
| this Act. | ||
| SECTION 3. The commissioner of state health services shall | ||
| appoint a forensic director as required by Section 532.0024, Health | ||
| and Safety Code, as added by this Act, as soon as practicable after | ||
| the effective date of this Act. | ||
| SECTION 4. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2015. | ||
