Bill Text: TX SB105 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to the creation of a mental health jail diversion and crisis stabilization unit pilot program.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2018-11-12 - Filed [SB105 Detail]

Download: Texas-2019-SB105-Introduced.html
  86R3264 EAS-F
 
  By: Menéndez S.B. No. 105
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of a mental health jail diversion and
  crisis stabilization unit 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 JAIL DIVERSION AND CRISIS STABILIZATION
  UNIT PILOT PROGRAM; BEXAR COUNTY
         Sec. 580.001.  DEFINITIONS. In this chapter:
               (1)  "Commissioner" means the commissioner of state
  health services.
               (2)  "County judge" means the county judge of Bexar
  County.
               (3)  "Department" means the Department of State Health
  Services.
         Sec. 580.002.  MENTAL HEALTH JAIL DIVERSION AND CRISIS
  STABILIZATION UNIT PILOT PROGRAM. The department, in cooperation
  with the county judge, shall establish a pilot program in Bexar
  County to be implemented by the county judge to:
               (1)  provide short-term residential treatment in a
  crisis stabilization unit that includes medical and nursing
  services for persons with mental illness who are incarcerated in
  that county; and
               (2)  reduce recidivism and the frequency of arrests and
  incarceration among persons with mental illness in that county.
         Sec. 580.003.  CRIMINAL JUSTICE MENTAL HEALTH SERVICE MODEL.
  The county judge shall design and test through the pilot program a
  criminal justice mental health service model oriented toward
  providing short-term residential treatment in a crisis
  stabilization unit that includes medical and nursing services and
  reducing the recidivism and frequency of arrests and incarceration
  of persons with mental illness in the Bexar County jail. The model
  initially must apply the critical time intervention principle
  described by Section 580.004 and must include the following
  elements:
               (1)  medical and nursing services;
               (2)  low caseload management;
               (3)  multilevel residential services; and
               (4)  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 pilot
  program, in applying the critical time intervention principle, must
  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 county judge
  shall seek input from and coordinate the provision of services with
  the following local entities:
               (1)  county or municipal law enforcement agencies;
               (2)  the mental health division of the office of the
  district attorney of Bexar County;
               (3)  the Bexar County public defender;
               (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. 580.006.  PROGRAM CAPACITY. (a) In implementing the
  pilot program, the county judge shall ensure the program has the
  resources to provide mental health jail diversion services to not
  fewer than 400 individuals.
         (b)  The county judge shall endeavor to serve each year the
  program operates not fewer than 400 or more than 600 individuals
  cumulatively.
         (c)  Before the county judge implements the pilot program,
  the department and the county judge 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 with the highest risks of recidivism and the
  most severe mental illnesses. The county judge, 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 of Bexar County 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 pay for the pilot program are made in addition to and will
  not reduce the amount of appropriations made in the regular funding
  of a local authority for intellectual and developmental
  disabilities or a local mental health authority that serves Bexar
  County.
         (c)  The Commissioners Court of Bexar County 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 jail
  diversion services through the pilot program on behalf of the state
  to ensure state money appropriated for the pilot program is used
  effectively.
         Sec. 580.009.  REPORT. (a) Not later than December 1, 2022,
  the commissioner shall evaluate and submit a report concerning the
  effect of the pilot program in providing short-term residential
  treatment in a crisis stabilization unit that includes medical and
  nursing services and reducing recidivism and the frequency of
  arrests and incarceration among persons with mental illness in
  Bexar 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 developed 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 Bexar
  County among persons in the target population before the date the
  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, 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, 2019.
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