Bill Text: TX HB78 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to the creation of a mental health treatment for incarceration diversion pilot program.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2021-02-25 - Referred to Corrections [HB78 Detail]

Download: Texas-2021-HB78-Introduced.html
  87R3311 GCB-D
 
  By: Reynolds H.B. No. 78
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of a mental health treatment for
  incarceration diversion pilot program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle C, Title 7, Health and Safety Code, is
  amended by adding Chapter 579 to read as follows:
  CHAPTER 579.  MENTAL HEALTH TREATMENT FOR INCARCERATION DIVERSION
  PILOT PROGRAM; FORT BEND COUNTY
         Sec. 579.001.  DEFINITIONS. In this chapter:
               (1)  "Commission" means the Health and Human Services
  Commission.
               (2)  "Commissioners court" means the Fort Bend County
  Commissioners Court.
         Sec. 579.002.  MENTAL HEALTH TREATMENT FOR INCARCERATION
  DIVERSION PILOT PROGRAM. The commission, in cooperation with the
  commissioners court, shall establish a pilot program in Fort Bend
  County to be implemented by the commissioners court for the purpose
  of reducing recidivism and the frequency of arrests and
  incarceration of persons with mental illness in that county.
         Sec. 579.003.  CRIMINAL JUSTICE MENTAL HEALTH SERVICE MODEL.
  The commissioners court shall design and test through the pilot
  program a criminal justice mental health service model oriented
  toward facilitating treatment for persons with mental illness to
  reduce recidivism and the frequency of arrests and incarceration of
  persons with mental illness in Fort Bend County. The model
  initially must apply the critical time intervention principle
  described by Section 579.004 and must include the following
  elements:
               (1)  caseload management;
               (2)  multilevel residential services; and
               (3)  easy access to:
                     (A)  integrated health, mental health, and
  chemical dependency services;
                     (B)  benefits acquisition services; and
                     (C)  multiple rehabilitation services.
         Sec. 579.004.  CRITICAL TIME INTERVENTION. The
  commissioners court, in applying the critical time intervention
  principle through the pilot program, shall endeavor to give persons
  with mental illness access to available social, clinical, housing,
  and welfare services during the first weeks after the person's
  release from jail.
         Sec. 579.005.  LOCAL SERVICES COORDINATION. In designing
  the criminal justice mental health service model, the commissioners
  court shall seek input from and coordinate the provision of
  services with the following local entities:
               (1)  the Fort Bend County Sheriff's Office;
               (2)  the mental health division of the office of the
  district attorney of Fort Bend County;
               (3)  the Fort Bend County Mental Health Public
  Defender's Office;
               (4)  mental health courts;
               (5)  specially trained law enforcement crisis
  intervention teams and crisis intervention response teams;
               (6)  providers of competency restoration services;
               (7)  providers of guardianship services;
               (8)  providers of forensic case management;
               (9)  providers of assertive community treatment;
               (10)  providers of crisis stabilization services;
               (11)  providers of intensive and general supportive
  housing; and
               (12)  providers of integrated mental health and
  substance abuse inpatient, outpatient, and rehabilitation
  services.
         Sec. 579.006.  PROGRAM CAPACITY. (a)  In implementing the
  pilot program, the commissioners court shall ensure the program has
  the resources to provide mental health treatment for incarceration
  diversion services to not fewer than 10 individuals.
         (b)  The commissioners court shall endeavor to serve each
  year the pilot program operates not fewer than 10 or more than 20
  individuals cumulatively.
         (c)  Before the commissioners court implements the pilot
  program, the commission and the commissioners court jointly shall
  establish clear criteria for identifying a target population to be
  served by the program. The criteria must prioritize serving a
  target population composed of members at high risk of recidivism
  and with severe mental illness.  The commissioners court, in
  consultation with the appropriate entities listed in Section
  579.005, may adjust the criteria established under this subsection
  during the operation of the program provided the adjusted criteria
  are clearly articulated.
         Sec. 579.007.  FINANCING THE PROGRAM. (a)  The creation of
  the pilot program under this chapter is contingent on the
  continuing agreement of the commissioners court to contribute to
  the program each year in which the program operates services for
  persons with mental illness equivalent in value to funding provided
  by the state for the program.
         (b)  It is the intent of the legislature that appropriations
  made to fund the pilot program are made in addition to and will not
  reduce the amount of appropriations made in the regular funding of
  the local mental health authority for Fort Bend County.
         (c)  The commissioners court may seek and receive gifts and
  grants from federal sources, foundations, individuals, and other
  sources for the benefit of the pilot program.
         Sec. 579.008.  INSPECTIONS. The commission may make
  inspections of the operation of and provision of mental health
  treatment for incarceration diversion services through the pilot
  program on behalf of the state to ensure state funds appropriated
  for the program are used effectively.
         Sec. 579.009.  REPORT. (a) Not later than December 1, 2022,
  the executive commissioner shall evaluate and submit a report
  concerning the effect of the pilot program in reducing recidivism
  and the frequency of arrests and incarceration of persons with
  mental illness in Fort Bend County to the governor, the lieutenant
  governor, the speaker of the house of representatives, and the
  presiding officers of the standing committees of the senate and
  house of representatives having primary jurisdiction over health
  and human services issues and over criminal justice issues.
         (b)  The report must include a description of the features of
  the criminal justice mental health service model designed and
  tested under the pilot program and the executive commissioner's
  recommendation whether to expand use of the model statewide.
         (c)  In conducting the evaluation required under Subsection
  (a), the executive commissioner shall compare the rate of
  recidivism in Fort Bend County among persons in the target
  population before the date the pilot program is implemented in the
  community to the rate of recidivism among those persons two years
  after the date the program is implemented in the community and three
  years after the date the program is implemented in the community.  
  The executive commissioner may include in the evaluation measures
  of the effectiveness of the program related to the well-being of
  persons served under the program.
         Sec. 579.010.  CONCLUSION; EXPIRATION. The pilot program
  established under this chapter concludes and this chapter expires
  September 1, 2023.
         SECTION 2.  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, 2021.
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