Bill Text: TX HB601 | 2019-2020 | 86th Legislature | Enrolled

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Bill Title: Relating to criminal or juvenile procedures and reporting requirements regarding persons who are or may be persons with a mental illness or an intellectual disability.

Sponsorship: Bipartisan Bill

Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB601 Detail]

Download: Texas-2019-HB601-Enrolled.html

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H.B. No. 601

AN ACT
relating to criminal or juvenile procedures and reporting
requirements regarding persons who are or may be persons with a
mental illness or an intellectual disability.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 16.22(a), Code of Criminal Procedure, as
amended by Chapters 748 (S.B. 1326) and 950 (S.B. 1849), Acts of the
85th Legislature, Regular Session, 2017, is reenacted and amended
to read as follows:
(a)(1) Not later than 12 hours after the sheriff or
municipal jailer having custody of a defendant for an offense
punishable as a Class B misdemeanor or any higher category of
offense receives credible information that may establish
reasonable cause to believe that the defendant has a mental illness
or is a person with an intellectual disability, the sheriff or
municipal jailer shall provide written or electronic notice to the
magistrate. The notice must include any information related to the
sheriff's or municipal jailer's determination, such as information
regarding the defendant's behavior immediately before, during, and
after the defendant's arrest and, if applicable, the results of any
previous assessment of the defendant. 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, the
magistrate, except as provided by Subdivision (2), shall order the
service provider that contracts with the jail to provide mental
health or intellectual and developmental disability services, the
local mental health authority, the local intellectual and
developmental disability authority, or another qualified mental
health or intellectual and developmental disability expert to:
(A) interview the defendant if the defendant has
not previously been interviewed by a qualified mental health or
intellectual and developmental disability expert on or after the
date the defendant was arrested for the offense for which the
defendant is in custody and otherwise 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 as defined by Section 591.003, Health and Safety Code,
including, if applicable, information obtained from any previous
assessment of the defendant and information regarding any
previously recommended treatment or service; and
(B) provide to the magistrate a written report
[assessment] of an interview described by Paragraph (A) and the
other information collected under that paragraph [Paragraph (A)] on
the form approved by the Texas Correctional Office on Offenders
with Medical or Mental Impairments under Section 614.0032(c)
[614.0032(b)], Health and Safety Code.
(2) The magistrate is not required to order the
interview and collection of other 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 by the service provider
that contracts with the jail to provide mental health or
intellectual and developmental disability services, the local
mental health authority, the local intellectual and developmental
disability authority, or another mental health or intellectual and
developmental disability 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
interview and collection of other information regarding the
defendant as required under Subdivision (1), the magistrate may
order the defendant to submit to an examination in a jail, or in
another place determined to be appropriate by the local mental
health authority or local intellectual and developmental
disability authority, for a reasonable period not to exceed 72
hours. If applicable, the county in which the committing court is
located shall reimburse the local mental health authority or local
intellectual and developmental disability authority 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.
SECTION 2. Article 16.22, Code of Criminal Procedure, is
amended by adding Subsections (a-1), (a-2), (a-3), (a-4), and (f)
and amending Subsections (b), (b-1), (c), (d), and (e) to read as
follows:
(a-1) If a magistrate orders a local mental health
authority, a local intellectual and developmental disability
authority, or another qualified mental health or intellectual and
developmental disability expert to conduct an interview or collect
information under Subsection (a)(1), the commissioners court for
the county in which the magistrate is located shall reimburse the
local mental health authority, local intellectual and
developmental disability authority, or qualified mental health or
intellectual and developmental disability expert for the cost of
performing those duties in the amount provided by the fee schedule
adopted under Subsection (a-2) or in the amount determined by the
judge under Subsection (a-3), as applicable.
(a-2) The commissioners court for a county may adopt a fee
schedule to pay for the costs to conduct an interview and collect
information under Subsection (a)(1). In developing the fee
schedule, the commissioners court shall consider the generally
accepted reasonable cost in that county of performing the duties
described by Subsection (a)(1). A fee schedule described by this
subsection must be adopted in a public hearing and must be
periodically reviewed by the commissioners court.
(a-3) If the cost of performing the duties described by
Subsection (a)(1) exceeds the amount provided by the applicable fee
schedule or if the commissioners court for the applicable county
has not adopted a fee schedule, the authority or expert who
performed the duties may request that the judge who has
jurisdiction over the underlying offense determine the reasonable
amount for which the authority or expert is entitled to be
reimbursed under Subsection (a-1). The amount determined under
this subsection may not be less than the amount provided by the fee
schedule, if applicable. The judge shall determine the amount not
later than the 45th day after the date the request is made. The
judge is not required to hold a hearing before making a
determination under this subsection.
(a-4) An interview under Subsection (a)(1) may be conducted
in person in the jail, by telephone, or through a telemedicine
medical service or telehealth service.
(b) Except as otherwise permitted by the magistrate for good
cause shown, a written report [assessment] of an interview
described by Subsection (a)(1)(A) and the other information
collected under that paragraph [Subsection (a)(1)(A)] shall be
provided to the magistrate:
(1) for a defendant held in custody, not later than 96
hours after the time an order was issued under Subsection (a); or
(2) for a defendant released from custody, not later
than the 30th day after the date an order was issued under
Subsection (a).
(b-1) The magistrate shall provide copies of the written
report [assessment] to the defense counsel, the attorney
representing the state, and the trial court. The written report
[assessment] must include a description of the procedures used in
the interview and collection of other 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;
(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) any appropriate or recommended treatment or
service.
(c) After the trial court receives the applicable expert's
written report [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 or other proceedings affecting
the defendant's receipt of appropriate court-ordered mental health
or intellectual and developmental disability services, including
proceedings related to the defendant's receipt of outpatient mental
health services under Section 574.034, Health and Safety Code;
(3) consider the written report [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; or
(4) refer the defendant to an appropriate specialty
court established or operated under Subtitle K, Title 2, Government
Code.
(d) This article does not prevent the applicable court from,
before, during, or after the interview and collection of other
information regarding the defendant as described by this article:
(1) releasing a defendant who has a mental illness or
is a person with an intellectual disability from custody on
personal or surety bond, including imposing as a condition of
release that the defendant submit to an examination or other
assessment; or
(2) ordering an examination regarding the defendant's
competency to stand trial.
(e) The Texas Judicial Council shall adopt rules to require
the reporting of [The magistrate shall submit to the Office of
Court Administration of the Texas Judicial System on a monthly
basis] the number of written reports [assessments] provided to a
[the] court under Subsection (a)(1)(B). The rules must require
submission of the reports to the Office of Court Administration of
the Texas Judicial System on a monthly basis.
(f) A written report submitted to a magistrate under
Subsection (a)(1)(B) is confidential and not subject to disclosure
under Chapter 552, Government Code, but may be used or disclosed as
provided by this article.
SECTION 3. Articles 17.032(b) and (c), Code of Criminal
Procedure, as amended by Chapters 748 (S.B. 1326) and 950 (S.B.
1849), Acts of the 85th Legislature, Regular Session, 2017, are
reenacted and amended to read as follows:
(b) Notwithstanding Article 17.03(b), or a bond schedule
adopted or a standing order entered by a judge, a magistrate shall
release a defendant on personal bond unless good cause is shown
otherwise if:
(1) the defendant is not charged with and has not been
previously convicted of a violent offense;
(2) the defendant is examined by the service provider
that contracts with the jail to provide mental health or
intellectual and developmental disability services, the local
mental health authority, the local intellectual and developmental
disability authority, or another qualified mental health or
intellectual and developmental disability expert under Article
16.22;
(3) the applicable expert, in a written report
[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 and is
nonetheless competent to stand trial; and
(B) recommends mental health treatment or
intellectual and developmental disability services for the
defendant, as applicable;
(4) the magistrate determines, in consultation with
the local mental health authority or local intellectual and
developmental disability authority, that appropriate
community-based mental health or intellectual and developmental
disability services for the defendant are available in accordance
with Section 534.053 or 534.103, Health and Safety Code, or through
another mental health or intellectual and developmental disability
services provider; and
(5) the magistrate finds, after considering all the
circumstances, a pretrial risk assessment, if applicable, and any
other credible information provided by the attorney representing
the state or the defendant, that release on personal bond would
reasonably ensure the defendant's appearance in court as required
and the safety of the community and the victim of the alleged
offense.
(c) The magistrate, unless good cause is shown for not
requiring treatment or services, shall require as a condition of
release on personal bond under this article that the defendant
submit to outpatient or inpatient mental health treatment or
intellectual and developmental disability services as recommended
by the service provider that contracts with the jail to provide
mental health or intellectual and developmental disability
services, the local mental health authority, the local intellectual
and developmental disability authority, or another qualified
mental health or intellectual and developmental disability expert
if the defendant's:
(1) mental illness or intellectual disability is
chronic in nature; or
(2) ability to function independently will continue to
deteriorate if the defendant does not receive the recommended
treatment or services [is not treated].
SECTION 4. Sections 8(a) and (c), Article 42.09, Code of
Criminal Procedure, are amended to read as follows:
(a) A county that transfers a defendant to the Texas
Department of Criminal Justice under this article shall deliver to
an officer designated by the department:
(1) a copy of the judgment entered pursuant to Article
42.01, completed on a standardized felony judgment form described
by Section 4 of that article;
(2) a copy of any order revoking community supervision
and imposing sentence pursuant to Article 42A.755, including:
(A) any amounts owed for restitution, fines, and
court costs, completed on a standardized felony judgment form
described by Section 4, Article 42.01; and
(B) a copy of the client supervision plan
prepared for the defendant by the community supervision and
corrections department supervising the defendant, if such a plan
was prepared;
(3) a written report that states the nature and the
seriousness of each offense and that states the citation to the
provision or provisions of the Penal Code or other law under which
the defendant was convicted;
(4) a copy of the victim impact statement, if one has
been prepared in the case under Article 56.03;
(5) a statement as to whether there was a change in
venue in the case and, if so, the names of the county prosecuting
the offense and the county in which the case was tried;
(6) if requested, information regarding the criminal
history of the defendant, including the defendant's state
identification number if the number has been issued;
(7) a copy of the indictment or information for each
offense;
(8) a checklist sent by the department to the county
and completed by the county in a manner indicating that the
documents required by this subsection and Subsection (c) accompany
the defendant;
(9) if prepared, a copy of a presentence or
postsentence report prepared under Subchapter F, Chapter 42A;
(10) a copy of any detainer, issued by an agency of the
federal government, that is in the possession of the county and that
has been placed on the defendant;
(11) if prepared, a copy of the defendant's Texas
Uniform Health Status Update Form; [and]
(12) a written description of a hold or warrant,
issued by any other jurisdiction, that the county is aware of and
that has been placed on or issued for the defendant; and
(13) a copy of any mental health records, mental
health screening reports, or similar information regarding the
mental health of the defendant.
(c) A county that transfers a defendant to the Texas
Department of Criminal Justice under this article shall also
deliver to the designated officer any presentence or postsentence
investigation report, revocation report, psychological or
psychiatric evaluation of the defendant, including a written report
provided to a court under Article 16.22(a)(1)(B) or an evaluation
prepared for the juvenile court before transferring the defendant
to criminal court and contained in the criminal prosecutor's file,
and available social or psychological background information
relating to the defendant and may deliver to the designated officer
any additional information upon which the judge or jury bases the
punishment decision.
SECTION 5. Article 46B.001, Code of Criminal Procedure, is
amended to read as follows:
Art. 46B.001. DEFINITIONS. In this chapter:
(1) "Adaptive behavior" means the effectiveness with
or degree to which a person meets the standards of personal
independence and social responsibility expected of the person's age
and cultural group.
(2) "Commission" means the Health and Human Services
Commission.
(3) "Competency restoration" means the treatment or
education process for restoring a person's ability to consult with
the person's attorney with a reasonable degree of rational
understanding, including a rational and factual understanding of
the court proceedings and charges against the person.
(4) "Developmental period" means the period of a
person's life from birth through 17 years of age.
(5) "Electronic broadcast system" means a two-way
electronic communication of image and sound between the defendant
and the court and includes secure Internet videoconferencing.
(6) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
(7) "Inpatient mental health facility" has the meaning
assigned by Section 571.003, Health and Safety Code.
(8) [(2)] "Intellectual disability" means
significantly subaverage general intellectual functioning that is
concurrent with deficits in adaptive behavior and originates during
the developmental period [has the meaning assigned by Section
591.003, Health and Safety Code].
(9) [(3)] "Local mental health authority" has the
meaning assigned by Section 571.003, Health and Safety Code.
(10) [(4)] "Local intellectual and developmental
disability authority" has the meaning assigned by Section 531.002,
Health and Safety Code.
(11) [(5)] "Mental health facility" has the meaning
assigned by Section 571.003, Health and Safety Code.
(12) [(6)] "Mental illness" means an illness,
disease, or condition, other than epilepsy, dementia, substance
abuse, or intellectual disability, that grossly impairs:
(A) a person's thought, perception of reality,
emotional process, or judgment; or
(B) behavior as demonstrated by recent disturbed
behavior [has the meaning assigned by Section 571.003, Health and
Safety Code].
(13) [(7)] "Residential care facility" has the
meaning assigned by Section 591.003, Health and Safety Code.
(14) "Subaverage general intellectual functioning"
means a measured intelligence two or more standard deviations below
the age-group mean, using a standardized psychometric instrument.
[(8) "Electronic broadcast system" means a two-way
electronic communication of image and sound between the defendant
and the court and includes secure Internet videoconferencing.
[(9) "Competency restoration" means the treatment or
education process for restoring a person's ability to consult with
the person's attorney with a reasonable degree of rational
understanding, including a rational and factual understanding of
the court proceedings and charges against the person.]
SECTION 6. Subchapter A, Chapter 46B, Code of Criminal
Procedure, is amended by adding Article 46B.0021 to read as
follows:
Art. 46B.0021. FACILITY DESIGNATION. The commission may
designate for the commitment of a defendant under this chapter only
a facility operated by the commission or under a contract with the
commission for that purpose.
SECTION 7. Article 46B.073(c), Code of Criminal Procedure,
is amended to read as follows:
(c) If the defendant is charged with an offense listed in
Article 17.032(a)[, other than an offense under Section
22.01(a)(1), Penal Code,] or if the indictment alleges an
affirmative finding under Article 42A.054(c) or (d), the court
shall enter an order committing the defendant for competency
restoration services to a [the maximum security unit of any]
facility designated by the commission [Department of State Health
Services, to an agency of the United States operating a mental
hospital, or to a Department of Veterans Affairs hospital].
SECTION 8. Subchapter D, Chapter 46B, Code of Criminal
Procedure, is amended by adding Article 46B.0831 to read as
follows:
Art. 46B.0831. DETERMINATION WHETHER DEFENDANT IS
MANIFESTLY DANGEROUS. A defendant committed to a maximum security
unit by the commission may be assessed, at any time before the
defendant is restored to competency, by the review board
established under Section 46B.105 to determine whether the
defendant is manifestly dangerous. If the review board determines
the defendant is not manifestly dangerous, the commission shall
transfer the defendant to a non-maximum security facility
designated by the commission.
SECTION 9. Article 46B.104, Code of Criminal Procedure, is
amended to read as follows:
Art. 46B.104. CIVIL COMMITMENT PLACEMENT: FINDING OF
VIOLENCE. A defendant committed to a facility as a result of
proceedings initiated under this chapter shall be committed to the
[maximum security unit of any] facility designated by the
commission [Department of State Health Services] if:
(1) the defendant is charged with an offense listed in
Article 17.032(a)[, other than an offense listed in Article
17.032(a)(6)]; or
(2) the indictment charging the offense alleges an
affirmative finding under Article 42A.054(c) or (d).
SECTION 10. Articles 46B.105(a), (b), and (e), Code of
Criminal Procedure, are amended to read as follows:
(a) Unless a defendant committed to a maximum security unit
by the commission is determined to be manifestly dangerous by a
review board established under Subsection (b), not later than the
60th day after the date the defendant arrives at the maximum
security unit, the defendant shall be transferred to:
(1) a unit of an inpatient mental health facility
other than a maximum security unit;
(2) a residential care facility; or
(3) a program designated by a local mental health
authority or a local intellectual and developmental disability
authority.
(b) The executive commissioner [of state health services]
shall appoint a review board of five members, including one
psychiatrist licensed to practice medicine in this state and two
persons who work directly with persons with mental illness or an
intellectual disability, to determine whether the defendant is
manifestly dangerous and, as a result of the danger the defendant
presents, requires continued placement in a maximum security unit.
(e) If the superintendent of the facility at which the
maximum security unit is located disagrees with the determination,
the matter shall be referred to the executive commissioner [of
state health services]. The executive commissioner shall decide
whether the defendant is manifestly dangerous.
SECTION 11. Article 46B.106(a), Code of Criminal Procedure,
is amended to read as follows:
(a) A defendant committed to a facility as a result of the
proceedings initiated under this chapter, other than a defendant
described by Article 46B.104, shall be committed to:
(1) a facility designated by the commission
[Department of State Health Services or the Department of Aging and
Disability Services, as appropriate]; or
(2) an outpatient treatment program.
SECTION 12. Articles 46B.107(a) and (d), Code of Criminal
Procedure, are amended to read as follows:
(a) The release of a defendant committed under this chapter
from the commission [Department of State Health Services, the
Department of Aging and Disability Services], an outpatient
treatment program, or another facility is subject to disapproval by
the committing court if the court or the attorney representing the
state has notified the head of the facility or outpatient treatment
provider, as applicable, to which the defendant has been committed
that a criminal charge remains pending against the defendant.
(d) The court shall, on receiving notice from the head of a
facility or outpatient treatment provider of intent to release the
defendant under Subsection (b) [may, on motion of the attorney
representing the state or on its own motion], hold a hearing to
determine whether release is appropriate under the applicable
criteria in Subtitle C or D, Title 7, Health and Safety Code. The
court may, on motion of the attorney representing the state or on
its own motion, hold a hearing to determine whether release is
appropriate under the applicable criteria in Subtitle C or D, Title
7, Health and Safety Code, regardless of whether the court receives
notice that the head of a facility or outpatient treatment provider
provides notice of intent to release the defendant under Subsection
(b). The court may conduct the hearing:
(1) at the facility; or
(2) by means of an electronic broadcast system as
provided by Article 46B.013.
SECTION 13. Article 46B.151(c), Code of Criminal Procedure,
is amended to read as follows:
(c) Notwithstanding Subsection (b), a defendant placed in a
facility of the commission [Department of State Health Services or
the Department of Aging and Disability Services] pending civil
hearing under this article may be detained in that facility only
with the consent of the head of the facility and pursuant to an
order of protective custody issued under Subtitle C, Title 7,
Health and Safety Code.
SECTION 14. Articles 46C.001(1) and (2), Code of Criminal
Procedure, are amended to read as follows:
(1) "Commission" means the Health and Human Services
Commission ["Commissioner" means the commissioner of state health
services].
(2) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission
["Department" means the Department of State Health Services].
SECTION 15. Subchapter A, Chapter 46C, Code of Criminal
Procedure, is amended by adding Article 46C.0011 to read as
follows:
Art. 46C.0011. FACILITY DESIGNATION. The commission may
designate for the commitment of a defendant under this chapter only
a facility operated by the commission or under a contract with the
commission for that purpose.
SECTION 16. Article 46C.104, Code of Criminal Procedure, is
amended to read as follows:
Art. 46C.104. ORDER COMPELLING DEFENDANT TO SUBMIT TO
EXAMINATION. (a) For the purposes described by this chapter, the
court may order any defendant to submit to examination, including a
defendant who is free on bail. If the defendant fails or refuses to
submit to examination, the court may order the defendant to custody
for examination for a reasonable period not to exceed 21 days.
Custody ordered by the court under this subsection may include
custody at a facility operated by the commission [department].
(b) If a defendant who has been ordered to a facility
operated by the commission [department] for examination remains in
the facility for a period that exceeds 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 rules in effect at that time.
(c) The court may not order a defendant to a facility
operated by the commission [department] for examination without the
consent of the head of that facility.
SECTION 17. Article 46C.106(b), Code of Criminal Procedure,
is amended to read as follows:
(b) The county in which the indictment was returned or
information was filed shall reimburse a facility operated by the
commission [department] that accepts a defendant for examination
under this subchapter for expenses incurred that are determined by
the commission [department] to be reasonably necessary and
incidental to the proper examination of the defendant.
SECTION 18. Article 46C.160(b), Code of Criminal Procedure,
is amended to read as follows:
(b) The court may order a defendant detained in a facility
of the commission [department or a facility of the Department of
Aging and Disability Services] under this article only with the
consent of the head of the facility.
SECTION 19. Article 46C.202(a), Code of Criminal Procedure,
is amended to read as follows:
(a) Notwithstanding Article 46C.201(b), a person placed in
a commission [department] facility [or a facility of the Department
of Aging and Disability Services] pending civil hearing as
described by that subsection may be detained only with the consent
of the head of the facility and under an Order of Protective Custody
issued under Subtitle C or D, Title 7, Health and Safety Code.
SECTION 20. Articles 46C.251(a) and (b), Code of Criminal
Procedure, are amended to read as follows:
(a) The court shall order the acquitted person to be
committed for evaluation of the person's present mental condition
and for treatment to the [maximum security unit of any] facility
designated by the commission [department]. The period of
commitment under this article may not exceed 30 days.
(b) The court shall order that:
(1) a transcript of all medical testimony received in
the criminal proceeding be prepared as soon as possible by the court
reporter and the transcript be forwarded to the facility to which
the acquitted person is committed; and
(2) the following information be forwarded to the
facility and[, as applicable,] to the commission [department or the
Department of Aging and Disability Services]:
(A) the complete name, race, and gender of the
person;
(B) any known identifying number of the person,
including social security number, driver's license number, or state
identification number;
(C) the person's date of birth; and
(D) the offense of which the person was found not
guilty by reason of insanity and a statement of the facts and
circumstances surrounding the alleged offense.
SECTION 21. Article 46C.260, Code of Criminal Procedure, is
amended to read as follows:
Art. 46C.260. TRANSFER OF COMMITTED PERSON TO NON-MAXIMUM
SECURITY [NONSECURE] FACILITY. (a) A person committed to a
facility under this subchapter shall be committed to a [the maximum
security unit of any] facility designated by the commission
[department].
(b) A person committed under this subchapter shall be
transferred to the designated facility [maximum security unit]
immediately on the entry of the order of commitment.
(c) Unless a [the] person committed to a maximum security
unit by the commission is determined to be manifestly dangerous by a
review board under this article [within the department], not later
than the 60th day following the date of the person's arrival at the
maximum security unit the person shall be transferred to a
non-maximum security [nonsecure] unit of a facility designated by
the commission [department or the Department of Aging and
Disability Services, as appropriate].
(d) The executive commissioner shall appoint a review board
of five members, including one psychiatrist licensed to practice
medicine in this state and two persons who work directly with
persons with mental illnesses or with mental retardation, to
determine whether the person is manifestly dangerous and, as a
result of the danger the person presents, requires continued
placement in a maximum security unit.
(e) If the head of the facility at which the maximum
security unit is located disagrees with the determination, then the
matter shall be referred to the executive commissioner. The
executive commissioner shall decide whether the person is
manifestly dangerous.
SECTION 22. Section 511.0085(a), Government Code, is
amended to read as follows:
(a) The commission shall develop a comprehensive set of risk
factors to use in assessing the overall risk level of each jail
under the commission's jurisdiction. The set of risk factors must
include:
(1) a history of the jail's compliance with state law
and commission rules, standards, and procedures;
(2) the population of the jail;
(3) the number and nature of complaints regarding the
jail, including complaints regarding a violation of any required
ratio of correctional officers to inmates;
(4) problems with the jail's internal grievance
procedures;
(5) available mental and medical health reports
relating to inmates in the jail, including reports relating to
infectious disease or pregnant inmates;
(6) recent turnover among sheriffs and jail staff;
(7) inmate escapes from the jail;
(8) the number and nature of inmate deaths at the jail,
including the results of the investigations of those deaths; and
(9) whether the jail is in compliance with commission
rules, standards developed by the Texas Correctional Office on
Offenders with Medical or Mental Impairments, and the requirements
of Article 16.22, Code of Criminal Procedure, regarding screening
and assessment protocols for the early identification of and
reports concerning persons with mental illness or an intellectual
disability.
SECTION 23. Section 532.013(a), Health and Safety Code, is
amended to read as follows:
(a) In this section:
(1) "Forensic patient" means a person with mental
illness or a person with an intellectual disability 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;
(E) examined on the issue of fitness to proceed
with juvenile court proceedings by an expert appointed under
Chapter 51, Family Code; or
(F) found unfit to proceed under Subchapter C,
Chapter 55, Family Code.
(2) "Forensic services" means a competency
examination, competency restoration services, or mental health or
intellectual disability services provided to a current or former
forensic patient in the community or at a department facility.
SECTION 24. The heading to Section 614.0032, Health and
Safety Code, is amended to read as follows:
Sec. 614.0032. SPECIAL DUTIES RELATED TO MEDICALLY
RECOMMENDED SUPERVISION; DETERMINATIONS REGARDING MENTAL ILLNESS
OR INTELLECTUAL DISABILITY [COMPETENCY OR FITNESS TO PROCEED].
SECTION 25. Section 614.0032, Health and Safety Code, is
amended by adding Subsection (c) to read as follows:
(c) The office shall approve and make generally available in
electronic format a standard form for use by a person providing a
written report under Article 16.22(a)(1)(B), Code of Criminal
Procedure.
SECTION 26. (a) The changes in law made by this Act to
Articles 16.22 and 17.032, Code of Criminal Procedure, and to
Section 8(c), Article 42.09, Code of Criminal Procedure, apply only
to a defendant charged with an offense committed on or after the
effective date of this Act. A defendant charged with an offense
committed before the effective date of this Act is governed by the
law in effect on the date the offense was committed, and the former
law is continued in effect for that purpose. For purposes of this
section, an offense was committed before the effective date of this
Act if any element of the offense occurred before that date.
(b) The changes in law made by this Act to Section 8(a),
Article 42.09, Code of Criminal Procedure, and to Chapters 46B and
46C, Code of Criminal Procedure, apply only to a proceeding that
begins on or after the effective date of this Act, regardless of
when the defendant committed the underlying offense for which the
defendant became subject to the proceeding. A proceeding that
begins before the effective date of this Act is governed by the law
in effect on the date the proceeding began, and the former law is
continued in effect for that purpose.
SECTION 27. To the extent of any conflict, this Act prevails
over another Act of the 86th Legislature, Regular Session, 2019,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 28. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 601 was passed by the House on April
10, 2019, by the following vote: Yeas 146, Nays 1, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 601 on May 23, 2019, by the following vote: Yeas 141, Nays 1, 1
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 601 was passed by the Senate, with
amendments, on May 19, 2019, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor