Bill Text: TX HB3161 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to a county jail-based restoration of competency program.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2017-03-30 - Referred to Public Health [HB3161 Detail]
Download: Texas-2017-HB3161-Introduced.html
85R10031 LHC-D | ||
By: Murr | H.B. No. 3161 |
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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. |