Bill Text: TX HB853 | 2017-2018 | 85th Legislature | Introduced

---

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

Sponsorship: Slight Partisan Bill (Republican 3-1)

Status: (Introduced - Dead) 2017-02-23 - Referred to Public Health [HB853 Detail]

Download: Texas-2017-HB853-Introduced.html

---

85R3598 GCB-D
By: Reynolds H.B. No. 853

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 580 to read as follows:
CHAPTER 580. MENTAL HEALTH TREATMENT FOR INCARCERATION DIVERSION
PILOT PROGRAM; FORT BEND COUNTY
Sec. 580.001. DEFINITIONS. In this chapter:
(1) "Commissioner" means the commissioner of the
department.
(2) "Commissioners court" means the Fort Bend County
Commissioners Court.
(3) "Department" means the Department of State Health
Services.
Sec. 580.002. MENTAL HEALTH TREATMENT FOR INCARCERATION
DIVERSION PILOT PROGRAM. The department, 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. 580.003. 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 the recidivism and 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 580.004 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. 580.004. 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. 580.005. 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 rehabitation services.
Sec. 580.006. 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 department 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
580.005, may adjust the criteria established under this subsection
during the operation of the program provided the adjusted criteria
are clearly articulated.
Sec. 580.007. 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. 580.008. INSPECTIONS. The department 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. 580.009. REPORT. (a) Not later than December 1, 2020,
the 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 commissioner's
recommendation whether to expand use of the model statewide.
(c) In conducting the evaluation required under Subsection
(a), the 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 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. 580.010. CONCLUSION; EXPIRATION. The pilot program
established under this chapter concludes and this chapter expires
September 1, 2021.
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, 2017.