Bill Text: TX HB4142 | 2017-2018 | 85th Legislature | Comm Sub

---

Bill Title: Relating to certain requirements of counties and other governmental entities regarding behavioral health.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2017-05-10 - Placed on General State Calendar [HB4142 Detail]

Download: Texas-2017-HB4142-Comm_Sub.html

---

85R22530 GCB-F
By: Coleman H.B. No. 4142
Substitute the following for H.B. No. 4142:
By: Neave C.S.H.B. No. 4142

A BILL TO BE ENTITLED
AN ACT
relating to certain requirements of counties and other governmental
entities regarding behavioral health.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 16.22, Code of Criminal Procedure, is
amended to read as follows:
Art. 16.22. EARLY IDENTIFICATION OF DEFENDANT SUSPECTED OF
HAVING MENTAL ILLNESS OR INTELLECTUAL DISABILITY [MENTAL
RETARDATION]. (a)(1) Not later than four [72] hours after
receiving credible information that may establish reasonable cause
to believe that a defendant committed to the sheriff's custody has a
mental illness or is a person with an intellectual disability
[mental retardation], including observation of the defendant's
behavior immediately before, during, and after the defendant's
arrest and the results of any previous assessment of the defendant,
the sheriff shall provide written or electronic notice of the
information to the magistrate. On a determination that there is
reasonable cause to believe that the defendant has a mental illness
or is a person with an intellectual disability [mental
retardation], the magistrate, except as provided by Subdivision
(2), shall order the local mental health or intellectual and
developmental disability [mental retardation] authority or another
qualified mental health or intellectual disability [mental
retardation] expert to:
(A) collect information regarding whether the
defendant has a mental illness as defined by Section 571.003,
Health and Safety Code, or is a person with an intellectual
disability [mental retardation] as defined by Section 591.003,
Health and Safety Code, including information obtained from any
previous assessment of the defendant; and
(B) provide to the magistrate a written
assessment of the information collected under Paragraph (A).
(2) The magistrate is not required to order the
collection of information under Subdivision (1) if the defendant in
the year preceding the defendant's applicable date of arrest has
been determined to have a mental illness or to be a person with an
intellectual disability [mental retardation] by the local mental
health or intellectual and developmental disability [mental
retardation] authority or another mental health or intellectual
disability [mental retardation] expert described by Subdivision
(1). A court that elects to use the results of that previous
determination may proceed under Subsection (c).
(3) If the defendant fails or refuses to submit to the
collection of information regarding the defendant as required under
Subdivision (1), the magistrate may order the defendant to submit
to an examination in a mental health facility determined to be
appropriate by the local mental health or intellectual and
developmental disability [mental retardation] authority for a
reasonable period not to exceed 21 days. The magistrate may order a
defendant to a facility operated by the Department of State Health
Services or the Health and Human Services Commission [Department of
Aging and Disability Services] for examination only on request of
the local mental health or intellectual and developmental
disability [mental retardation] authority and with the consent of
the head of the facility. If a defendant who has been ordered to a
facility operated by the Department of State Health Services or the
Health and Human Services Commission [Department of Aging and
Disability Services] for examination remains in the facility for a
period exceeding 21 days, the head of that facility shall cause the
defendant to be immediately transported to the committing court and
placed in the custody of the sheriff of the county in which the
committing court is located. That county shall reimburse the
facility for the mileage and per diem expenses of the personnel
required to transport the defendant calculated in accordance with
the state travel regulations in effect at the time.
(b) A written assessment of the information collected under
Subsection (a)(1)(A) shall be provided to the magistrate not later
than the 30th day after the date of any order issued under
Subsection (a) in a felony case and not later than the 10th day
after the date of any order issued under that subsection in a
misdemeanor case, and the magistrate shall provide copies of the
written assessment to the defense counsel, the prosecuting
attorney, and the trial court. The written assessment must include
a description of the procedures used in the collection of
information under Subsection (a)(1)(A) and the applicable expert's
observations and findings pertaining to:
(1) whether the defendant is a person who has a mental
illness or is a person with an intellectual disability [mental
retardation];
(2) whether there is clinical evidence to support a
belief that the defendant may be incompetent to stand trial and
should undergo a complete competency examination under Subchapter
B, Chapter 46B; and
(3) recommended treatment.
(c) After the trial court receives the applicable expert's
written assessment relating to the defendant under Subsection (b)
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;
(2) resume or initiate competency proceedings, if
required, as provided by Chapter 46B or other proceedings affecting
the defendant's receipt of appropriate court-ordered mental health
or intellectual disability [mental retardation] services,
including proceedings related to the defendant's receipt of
outpatient mental health services under Section 574.034, Health and
Safety Code; or
(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.
(d) This article does not prevent the applicable court from,
before, during, or after the collection of information regarding
the defendant as described by this article:
(1) releasing a defendant who has a mental illness
[mentally ill] or is a person with an intellectual disability
[mentally retarded defendant] from custody on personal or surety
bond; or
(2) ordering an examination regarding the defendant's
competency to stand trial.
SECTION 2. Chapter 16, Code of Criminal Procedure, is
amended by adding Article 16.23 to read as follows:
Art. 16.23. DIVERSION OF PERSONS SUFFERING MENTAL HEALTH
CRISIS OR SUBSTANCE ABUSE ISSUE. Each law enforcement agency shall
make a good faith effort to divert a person suffering a mental
health crisis or suffering from the effects of substance abuse to a
proper treatment center in the agency's jurisdiction if:
(1) it is reasonably possible to divert the person;
(2) the offense that the person is accused of is a
misdemeanor, other than a misdemeanor involving violence; and
(3) the mental health crisis or substance abuse issue
is suspected to be the reason the person committed the alleged
offense.
SECTION 3. The heading to Article 17.032, Code of Criminal
Procedure, is amended to read as follows:
Art. 17.032. RELEASE ON PERSONAL BOND OF CERTAIN [MENTALLY
ILL] DEFENDANTS WITH MENTAL ILLNESS OR INTELLECTUAL DISABILITY.
SECTION 4. Articles 17.032(b) and (c), Code of Criminal
Procedure, are amended to read as follows:
(b) A magistrate shall release a defendant on personal bond
unless good cause is shown otherwise if the:
(1) defendant is not charged with and has not been
previously convicted of a violent offense;
(2) defendant is examined by the local mental health
or intellectual and developmental disability [mental retardation]
authority or another mental health expert under Article 16.22 [of
this code];
(3) applicable expert, in a written assessment
submitted to the magistrate under Article 16.22:
(A) concludes that the defendant has a mental
illness or is a person with an intellectual disability [mental
retardation] and is nonetheless competent to stand trial; and
(B) recommends mental health treatment or
intellectual disability treatment for the defendant, as
applicable; and
(4) magistrate determines, in consultation with the
local mental health or intellectual and developmental disability
[mental retardation] authority, that appropriate community-based
mental health or intellectual disability [mental retardation]
services for the defendant are available through the [Texas]
Department of State [Mental] Health Services [and Mental
Retardation] under Section 534.053, Health and Safety Code, or
through another mental health or intellectual disability [mental
retardation] services provider.
(c) The magistrate, unless good cause is shown for not
requiring treatment, shall require as a condition of release on
personal bond under this article that the defendant submit to
outpatient or inpatient mental health or intellectual disability
[mental retardation] treatment as recommended by the local mental
health or intellectual and developmental disability [mental
retardation] authority if the defendant's:
(1) mental illness or intellectual disability [mental
retardation] is chronic in nature; or
(2) ability to function independently will continue to
deteriorate if the defendant is not treated.
SECTION 5. Chapter 122, Government Code, is amended by
adding Sections 122.005 and 122.006 to read as follows:
Sec. 122.005. FAMILY DRUG COURT STUDY. (a) Not later than
September 1, 2018, the commissioners court of each county that has
not established a family drug court program shall study the effect
the creation of a family drug court would have in the county. The
sheriff and, as applicable, the county attorney, district attorney,
or criminal district attorney shall assist in conducting the study.
The study must analyze the effectiveness of:
(1) creating a court that specializes in cases in
which a parent or person standing in parental relation suffers from
drug addiction; and
(2) case management used by a family drug court
program, including the involvement of Department of Family and
Protective Services caseworkers, court-appointed case managers,
and court-appointed special advocates, to rehabilitate a parent or
person standing in parental relation who has had a child removed
from the parent's or person's care by the department or who is under
investigation to determine if a child should be removed from the
care of the parent or person standing in parental relation by the
department.
(b) Each commissioners court in a county conducting the
study required by Subsection (a) shall request assistance from:
(1) judges located in the county;
(2) child protective services caseworkers and
supervisors;
(3) attorneys ad litem;
(4) guardians ad litem;
(5) drug treatment providers;
(6) family and child therapists;
(7) peer recovery coach providers;
(8) domestic violence victim advocates;
(9) housing partners;
(10) drug coordinators;
(11) drug court services managers; and
(12) drug court case managers.
(c) This section expires January 1, 2019.
Sec. 122.006. GRANT FUNDING FOR FAMILY DRUG COURTS. (a)
The family drug court fund is a dedicated account in the general
revenue fund in the state treasury.
(b) The family drug court fund consists of:
(1) appropriations of money to the fund by the
legislature; and
(2) gifts, grants, including grants from the federal
government, and other donations received for the fund.
(c) The Health and Human Services Commission shall
administer the family drug court fund. Money in the account may be
used only to pay counties to establish and administer a family drug
court. To receive money from the family drug court fund a county
must submit the study conducted under Section 122.005 on the effect
of the creation of a family drug court in the county and a detailed
proposal of the establishment of the court.
SECTION 6. Section 539.002, Government Code, is amended to
read as follows:
Sec. 539.002. GRANTS FOR ESTABLISHMENT AND EXPANSION OF
COMMUNITY COLLABORATIVES. (a) To the extent funds are
appropriated to the department for that purpose, the department
shall make grants to entities, including local governmental
entities, nonprofit community organizations, and faith-based
community organizations, to establish or expand community
collaboratives that bring the public and private sectors together
to provide services to persons experiencing homelessness,
substance abuse issues, and mental illness. [The department may
make a maximum of five grants, which must be made in the most
populous municipalities in this state that are located in counties
with a population of more than one million.] In awarding grants,
the department shall give special consideration to entities:
(1) establishing [a] new collaboratives; or
(2) establishing or expanding collaboratives that
serve two or more contiguous counties, each with a population of
less than 100,000 [collaborative].
(b) The department shall require each entity awarded a grant
under this section to:
(1) leverage additional funding from private sources
in an amount that is at least equal to the amount of the grant
awarded under this section; [and]
(2) provide evidence of significant coordination and
collaboration between the entity, local mental health authorities,
municipalities, local law enforcement agencies, and other
community stakeholders in establishing or expanding a community
collaborative funded by a grant awarded under this section; and
(3) provide evidence of a local law enforcement policy
to divert appropriate persons from jails or other detention
facilities to an entity affiliated with a community collaborative
for the purpose of providing services to those persons.
SECTION 7. Chapter 539, Government Code, is amended by
adding Section 539.0051 to read as follows:
Sec. 539.0051. PLAN REQUIRED FOR CERTAIN COMMUNITY
COLLABORATIVES. (a) The governing body of a county shall develop
and make public a plan detailing:
(1) how local mental health authorities,
municipalities, local law enforcement agencies, and other
community stakeholders in the county could coordinate to establish
or expand a community collaborative to accomplish the goals of
Section 539.002;
(2) how entities in the county may leverage funding
from private sources to accomplish the goals of Section 539.002
through the formation or expansion of a community collaborative;
and
(3) how the formation or expansion of a community
collaborative could establish or support resources or services to
help local law enforcement agencies to divert persons who have been
arrested to appropriate mental health care or substance abuse
treatment.
(b) The governing body of a county in which an entity that
received a grant under Section 539.002 before September 1, 2017, is
located is not required to develop a plan under Subsection (a).
(c) Two or more contiguous counties, each with a population
of less than 100,000, may form a joint plan under Subsection (a).
SECTION 8. Section 161.325, Health and Safety Code, is
amended by amending Subsection (b) and adding Subsections (c-3) and
(c-4) to read as follows:
(b) The programs on the list must include components that
provide for training counselors, teachers, nurses, administrators,
and other staff, as well as law enforcement officers and social
workers who regularly interact with students, to:
(1) recognize students at risk of committing suicide,
including students who are or may be the victims of or who engage in
bullying;
(2) recognize students displaying early warning signs
and a possible need for early mental health or substance abuse
intervention, which warning signs may include declining academic
performance, depression, anxiety, isolation, unexplained changes
in sleep or eating habits, and destructive behavior toward self and
others; [and]
(3) recognize students displaying signs of physical or
emotional trauma; and
(4) intervene effectively with students described by
Subdivision (1), [or] (2), or (3) by providing notice and referral
to a parent or guardian so appropriate action, such as seeking
mental health or substance abuse services, may be taken by a parent
or guardian.
(c-3) Each school district shall report annually to the
Texas Education Agency:
(1) the number of principals, teachers, and counselors
employed by the district who have completed the training provided
by the district under Subsection (c-1); and
(2) the total number of principals, teachers, and
counselors employed by the district.
(c-4) The Texas Education Agency shall make available to the
public on the agency's Internet website the information reported to
the agency under Subsection (c-3).
SECTION 9. Section 571.013, Health and Safety Code, is
amended to read as follows:
Sec. 571.013. METHOD OF GIVING NOTICE. Except as otherwise
provided by this subtitle, notice required under this subtitle may
be given by:
(1) personal delivery of [delivering] a copy of the
notice or document by a constable or sheriff of the county; [in
person] or
(2) [in] another manner directed by the court that is
reasonably calculated to give actual notice.
SECTION 10. Section 571.014(c), Health and Safety Code, is
amended to read as follows:
(c) A person may [initially] file a paper with the county
clerk by the use of reproduced, photocopied, or electronically
transmitted paper copies of [if the person files] the original
signed copies of the paper. A person who files a reproduced,
photocopied, or electronically transmitted paper must maintain
possession of the original signed copies of the paper and shall make
the original paper available for inspection on request by the
parties or the court [with the clerk not later than the 72nd hour
after the hour on which the initial filing is made. If the 72-hour
period ends on a Saturday, Sunday, or legal holiday, the filing
period is extended until 4 p.m. on the first succeeding business
day. If extremely hazardous weather conditions exist or a disaster
occurs, the presiding judge or magistrate may by written order made
each day extend the filing period until 4 p.m. on the first
succeeding business day. The written order must declare that an
emergency exists because of the weather or the occurrence of a
disaster. If a person detained under this subtitle would otherwise
be released because the original signed copy of a paper is not filed
within the 72-hour period but for the extension of the filing period
under this section, the person may be detained until the expiration
of the extended filing period. This subsection does not affect
another provision of this subtitle requiring the release or
discharge of a person].
SECTION 11. Chapter 571, Health and Safety Code, is amended
by adding Sections 571.0168 and 571.0169 to read as follows:
Sec. 571.0168. MENTAL HEALTH PUBLIC DEFENDER OFFICE. A
court, with the permission of the commissioners court of the county
in which the court is located, may establish a mental health public
defender office to provide proposed patients with legal
representation provided by attorneys associated with that office.
Sec. 571.0169. REPRESENTATION OF PROPOSED PATIENT. The
court shall appoint an attorney associated with a mental health
public defender office described by Section 571.0168, a public
defender other than a mental health public defender, or a private
attorney to represent a proposed patient in any proceeding under
Chapter 574.
SECTION 12. Subchapter B, Chapter 32, Human Resources Code,
is amended by adding Section 32.0266 to read as follows:
Sec. 32.0266. SUSPENSION, TERMINATION, AND AUTOMATIC
REINSTATEMENT OF ELIGIBILITY FOR INDIVIDUALS CONFINED IN COUNTY
JAILS. (a) In this section, "county jail" means a facility
operated by or for a county for the confinement of persons accused
or convicted of an offense.
(b) If an individual is confined in a county jail because
the individual has been charged with but not convicted of an
offense, the commission shall suspend the individual's eligibility
for medical assistance during the period the individual is confined
in the county jail.
(c) If an individual is confined in a county jail because
the individual has been convicted of an offense, the commission
shall, as appropriate:
(1) terminate the individual's eligibility for medical
assistance; or
(2) suspend the individual's eligibility during the
period the individual is confined in the county jail.
(d) Not later than 48 hours after the commission is notified
of the release from a county jail of an individual whose eligibility
for medical assistance has been suspended under this section, the
commission shall reinstate the individual's eligibility, provided
the individual's eligibility certification period has not elapsed.
Following the reinstatement, the individual remains eligible until
the expiration of the period for which the individual was certified
as eligible.
SECTION 13. Subchapter C, Chapter 351, Local Government
Code, is amended by adding Section 351.046 to read as follows:
Sec. 351.046. NOTICE TO CERTAIN GOVERNMENTAL ENTITIES. (a)
In this section, "medical assistance benefits" means medical
assistance benefits provided under Chapter 32, Human Resources
Code.
(b) The sheriff of a county may notify the Health and Human
Services Commission:
(1) on the confinement in the county jail of an
individual who is receiving medical assistance benefits; and
(2) on the conviction of a prisoner who, immediately
before the prisoner's confinement in the county jail, was receiving
medical assistance benefits.
(c) If the sheriff of a county chooses to provide the
notices described by Subsection (b), the sheriff shall provide the
notices electronically or by other appropriate means as soon as
possible and not later than the 30th day after the date of the
individual's confinement or prisoner's conviction, as applicable.
(d) The sheriff of a county may notify:
(1) the United States Social Security Administration
of the release or discharge of a prisoner who, immediately before
the prisoner's confinement in the county jail, was receiving:
(A) Supplemental Security Income (SSI) benefits
under 42 U.S.C. Section 1381 et seq.; or
(B) Social Security Disability Insurance (SSDI)
benefits under 42 U.S.C. Section 401 et seq.; and
(2) the Health and Human Services Commission of the
release or discharge of a prisoner who, immediately before the
prisoner's confinement in the county jail, was receiving medical
assistance benefits.
(e) If the sheriff of a county chooses to provide the
notices described by Subsection (d), the sheriff shall provide the
notices electronically or by other appropriate means not later than
48 hours after the prisoner's release or discharge from custody.
(f) If the sheriff of a county chooses to provide the
notices described by Subsection (d), at the time of the prisoner's
release or discharge, the sheriff shall provide the prisoner with a
written copy of each applicable notice and a telephone number at
which the prisoner may contact the Health and Human Services
Commission regarding confirmation of or assistance relating to
reinstatement of the individual's eligibility for medical
assistance benefits, if applicable.
(g) The Health and Human Services Commission shall
establish a means by which the sheriff of a county may determine
whether an individual confined in the county jail is or was, as
appropriate, receiving medical assistance benefits for purposes of
this section.
(h) The county or sheriff is not liable in a civil action for
damages resulting from a failure to comply with this section.
SECTION 14. Section 1701.253(j), Occupations Code, is
amended to read as follows:
(j) As part of the minimum curriculum requirements, the
commission shall require an officer to complete a 40-hour statewide
education and training program on de-escalation and crisis
intervention techniques to facilitate interaction with persons
with mental impairments. An officer shall complete the program not
later than the second anniversary of the date the officer is
licensed under this chapter or the date the officer applies for an
intermediate proficiency certificate, whichever date is earlier.
An officer may not satisfy the requirements of this subsection
[section] or Section 1701.402(g) by taking an online course on
de-escalation and crisis intervention techniques to facilitate
interaction with persons with mental impairments.
SECTION 15. Section 1701.310(a), Occupations Code, is
amended to read as follows:
(a) Except as provided by Subsection (e), a person may not
be appointed as a county jailer, except on a temporary basis, unless
the person has satisfactorily completed a preparatory training
program, as required by the commission, in the operation of a county
jail at a school operated or licensed by the commission. The
preparatory training program must include not fewer than 24 hours
of training on de-escalation and crisis intervention techniques to
facilitate interaction with persons with mental impairments.
SECTION 16. Section 571.014(d), Health and Safety Code, is
repealed.
SECTION 17. The changes in law made by this Act to Article
17.032, Code of Criminal Procedure, apply only to a personal bond
that is executed on or after the effective date of this Act. A
personal bond executed before the effective date of this Act is
governed by the law in effect when the personal bond was executed,
and the former law is continued in effect for that purpose.
SECTION 18. The Health and Human Services Commission shall
adopt rules establishing the criteria for awarding a grant to
counties to establish a family drug court under Section 122.006,
Government Code, as added by this Act, not later than January 1,
2018.
SECTION 19. Sections 32.0266(b) and (c), Human Resources
Code, and Section 351.046(b), Local Government Code, as added by
this Act, apply to an individual whose period of confinement in a
county jail begins on or after the effective date of this Act,
regardless of the date the individual was determined eligible for
medical assistance under Chapter 32, Human Resources Code.
SECTION 20. Section 32.0266(d), Human Resources Code, and
Section 351.046(d), Local Government Code, as added by this Act,
apply to the release or discharge of a prisoner from a county jail
that occurs on or after the effective date of this Act, regardless
of the date the prisoner was initially confined in the county jail.
SECTION 21. If before implementing any provision of Section
32.0266, Human Resources Code, as added by this Act, or Section
351.046, Local Government Code, as added by this Act, a state agency
determines that a waiver or authorization from a federal agency is
necessary for implementation of that provision, the agency affected
by the provision shall request the waiver or authorization and may
delay implementing that provision until the waiver or authorization
is granted.
SECTION 22. (a) Not later than January 1, 2018, the Texas
Commission on Law Enforcement shall:
(1) establish or modify training programs as necessary
to comply with Sections 1701.253 and 1701.310, Occupations Code, as
amended by this Act; and
(2) make available for county jailers appointed after
September 1, 1979, who did not receive at least 24 hours of training
on de-escalation and crisis intervention techniques to facilitate
interaction with persons with mental impairments during the
preparatory training program required under Section 1701.310,
Occupations Code, as amended by this Act, supplemental training
that contains not fewer than 24 hours of training on de-escalation
and crisis intervention techniques to facilitate interaction with
persons with mental impairments.
(b) Not later than September 1, 2019, each county jailer
appointed after September 1, 1979, who did not receive at least 24
hours of training on de-escalation and crisis intervention
techniques to facilitate interaction with persons with mental
impairments during the preparatory training program required under
Section 1701.310, Occupations Code, as amended by this Act, must
successfully complete supplemental training made available by the
Texas Commission on Law Enforcement that contains not fewer than 24
hours of training on de-escalation and crisis intervention
techniques to facilitate interaction with persons with mental
impairments.
SECTION 23. This Act takes effect September 1, 2017.