Bill Text: TX HB3161 | 2017-2018 | 85th Legislature | Introduced

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Bill Title: Relating to a county jail-based restoration of competency program.

Sponsorship: Partisan Bill (Republican 2)

Status: (Introduced - Dead) 2017-03-30 - Referred to Public Health [HB3161 Detail]

Download: Texas-2017-HB3161-Introduced.html

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85R10031 LHC-D
By: Murr H.B. No. 3161

A BILL TO BE ENTITLED
AN ACT
relating to a county jail-based restoration of competency program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 46B, Code of Criminal
Procedure, is amended by adding Article 46B.091 to read as follows:
Art. 46B.091. COUNTY JAIL-BASED RESTORATION OF COMPETENCY
PROGRAM. (a) In this article, "commission" means the Health and
Human Services Commission.
(b) A county or counties jointly may develop and implement a
jail-based restoration of competency program.
(c) A county that implements a program under this article
shall employ or contract with a provider of jail-based competency
restoration services that:
(1) is certified by a nationwide nonprofit
organization that accredits behavioral health care organizations
and programs;
(2) is a local mental health authority in good
standing with the commission; or
(3) provides competency restoration services under a
contract with a local mental health authority in good standing with
the commission.
(d) A jail-based restoration of competency program must:
(1) provide jail-based competency restoration
services through trained and experienced staff;
(2) provide clinical treatment and competency
restoration through the use of a multidisciplinary treatment team;
(3) ensure the safety of participants in the program;
(4) operate in the jail in a designated space that is
separate from the general population of the jail;
(5) provide general health care, mental health
treatment, and substance use disorder treatment to participants, as
necessary for restoration of competency; and
(6) supply clinically appropriate psychoactive
medications for purposes of administering court-ordered medication
to participants as applicable and in accordance with Article
46B.086 of this code and Section 574.106, Health and Safety Code.
(e) The commission may inspect on behalf of the state any
aspect of a jail-based restoration of competency program.
(f) If at any time during a defendant's participation in the
jail-based restoration of competency program a psychiatrist or
psychologist for the provider determines that the defendant has
attained competency to stand trial:
(1) the psychiatrist or psychologist for the provider
shall promptly issue and send to the court a report demonstrating
that fact; and
(2) the court shall consider that report as the report
of an expert stating an opinion that the defendant has been restored
to competency for purposes of Article 46B.0755(a) or (b).
(g) Unless otherwise provided by this article, the
provisions of this chapter, including the maximum periods
prescribed by Article 46B.0095, apply to a defendant receiving
jail-based competency restoration services under the program in the
same manner as those provisions apply to any other defendant who is
subject to proceedings under this chapter.
SECTION 2. The change in law made by this Act applies only
to a defendant against whom proceedings have not been initiated
under Chapter 46B, Code of Criminal Procedure, as amended by this
Act, before the effective date of this Act. The determination of
incompetency for a defendant against whom proceedings have been
initiated under Chapter 46B, Code of Criminal Procedure, 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 3. This Act takes effect September 1, 2017.