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.