Bill Text: TX SB1183 | 2017-2018 | 85th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to procedures regarding criminal defendants who are or may be persons with a mental illness or an intellectual disability and to the period for which a person may be committed to receive certain temporary mental health services.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2017-05-20 - Committee report sent to Calendars [SB1183 Detail]
Download: Texas-2017-SB1183-Comm_Sub.html
Bill Title: Relating to procedures regarding criminal defendants who are or may be persons with a mental illness or an intellectual disability and to the period for which a person may be committed to receive certain temporary mental health services.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2017-05-20 - Committee report sent to Calendars [SB1183 Detail]
Download: Texas-2017-SB1183-Comm_Sub.html
By: Perry | S.B. No. 1183 | |
(In the Senate - Filed March 1, 2017; March 9, 2017, read | ||
first time and referred to Committee on Criminal Justice; | ||
April 20, 2017, reported adversely, with favorable Committee | ||
Substitute by the following vote: Yeas 7, Nays 0; April 20, 2017, | ||
sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 1183 | By: Perry |
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relating to procedures regarding criminal defendants who are or may | ||
be persons with a mental illness or an intellectual disability and | ||
to the period for which a person may be committed to receive certain | ||
temporary mental health services. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 32A.01, Code of Criminal Procedure, is | ||
amended by amending Subsection (a) and adding Subsection (c) to | ||
read as follows: | ||
(a) Insofar as is practicable, the trial of a criminal | ||
action shall be given preference over trials of civil cases, and the | ||
trial of a criminal action against a defendant who is detained in | ||
jail pending trial of the action shall be given preference over | ||
trials of other criminal actions not described by Subsection (b) or | ||
(c). | ||
(c) Except as provided by Subsection (b), the trial of a | ||
criminal action against a defendant who has been determined to be | ||
restored to competency under Article 46B.084 shall be given | ||
preference over other matters before the court, whether civil or | ||
criminal. | ||
SECTION 2. Article 46B.001, Code of Criminal Procedure, is | ||
amended by adding Subdivision (9) to read as follows: | ||
(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 3. The heading to Article 46B.0095, Code of | ||
Criminal Procedure, is amended to read as follows: | ||
Art. 46B.0095. MAXIMUM PERIOD OF COMMITMENT OR [ |
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OFFENSE. | ||
SECTION 4. Articles 46B.0095(a), (b), (c), and (d), Code of | ||
Criminal Procedure, are amended to read as follows: | ||
(a) A defendant may not, under Subchapter D or E or any other | ||
provision of this chapter, be committed to a mental hospital or | ||
other inpatient or residential facility or to a jail-based | ||
competency restoration program, ordered to participate in an | ||
outpatient competency restoration or treatment program, or | ||
subjected to any combination of [ |
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outpatient competency restoration or treatment program | ||
participation, or jail-based competency restoration under this | ||
chapter for a cumulative period that exceeds the maximum term | ||
provided by law for the offense for which the defendant was to be | ||
tried, except that if the defendant is charged with a misdemeanor | ||
and has been ordered only to participate in an outpatient | ||
competency restoration or treatment program under Subchapter D or | ||
E, the maximum period of restoration is two years. | ||
(b) On expiration of the maximum restoration period under | ||
Subsection (a), the mental hospital, [ |
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identified in the most recent order of commitment or order of | ||
outpatient competency restoration or treatment program | ||
participation under this chapter shall assess the defendant to | ||
determine if civil proceedings under Subtitle C or D, Title 7, | ||
Health and Safety Code, are appropriate. The defendant may be | ||
confined for an additional period in a mental hospital or other | ||
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participate for an additional period in an outpatient treatment | ||
program, as appropriate, only pursuant to civil proceedings | ||
conducted under Subtitle C or D, Title 7, Health and Safety Code, by | ||
a court with probate jurisdiction. | ||
(c) The cumulative period described by Subsection (a): | ||
(1) begins on the date the initial order of commitment | ||
or initial order for outpatient competency restoration or treatment | ||
program participation is entered under this chapter; and | ||
(2) in addition to any inpatient or outpatient | ||
competency restoration [ |
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participation periods described by Subsection (a), includes any | ||
time that, following the entry of an order described by Subdivision | ||
(1), the defendant is confined in a correctional facility, as | ||
defined by Section 1.07, Penal Code, or is otherwise in the custody | ||
of the sheriff during or while awaiting, as applicable: | ||
(A) the defendant's transfer to: | ||
(i) a mental hospital or other inpatient or | ||
residential facility; or | ||
(ii) a jail-based competency restoration | ||
program; | ||
(B) the defendant's release on bail to | ||
participate in an outpatient competency restoration or treatment | ||
program; or | ||
(C) a criminal trial following any temporary | ||
restoration of the defendant's competency to stand trial. | ||
(d) The court shall credit to the cumulative period | ||
described by Subsection (a) any time that a defendant, following | ||
arrest for the offense for which the defendant was to be tried, is | ||
confined in a correctional facility, as defined by Section 1.07, | ||
Penal Code, before the initial order of commitment or initial order | ||
for outpatient competency restoration or treatment program | ||
participation is entered under this chapter. | ||
SECTION 5. Article 46B.010, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 46B.010. MANDATORY DISMISSAL OF MISDEMEANOR CHARGES. | ||
If a court orders that a defendant charged with a misdemeanor | ||
punishable by confinement be committed to a mental hospital or | ||
other inpatient or residential facility or to a jail-based | ||
competency restoration program, participate in an outpatient | ||
competency restoration or treatment program, or be subjected to any | ||
combination of [ |
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competency restoration or treatment program participation, or | ||
jail-based competency restoration under this chapter, and the | ||
defendant is not tried before the expiration of the maximum period | ||
of restoration described by Article 46B.0095: | ||
(1) on the motion of the attorney representing the | ||
state, the court shall dismiss the charge; or | ||
(2) on the motion of the attorney representing the | ||
defendant and notice to the attorney representing the state, the | ||
court: | ||
(A) shall set the matter to be heard not later | ||
than the 10th day after the date of filing of the motion; and | ||
(B) may dismiss the charge on a finding that the | ||
defendant was not tried before the expiration of the maximum period | ||
of restoration. | ||
SECTION 6. Article 46B.026, Code of Criminal Procedure, is | ||
amended by adding Subsection (d) to read as follows: | ||
(d) The court shall submit to the Office of Court | ||
Administration of the Texas Judicial System on a monthly basis the | ||
number of reports provided to the court under this article. | ||
SECTION 7. Article 46B.071(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a) Except as provided by Subsection (b), on a determination | ||
that a defendant is incompetent to stand trial, the court shall: | ||
(1) if the defendant is charged with an offense | ||
punishable as a Class B misdemeanor: | ||
(A) [ |
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46B.0711; or | ||
(B) commit the defendant to: | ||
(i) a jail-based competency restoration | ||
program under Article 46B.073(e); or | ||
(ii) a mental health facility or | ||
residential care facility under Article 46B.073(f); or | ||
(2) if the defendant is charged with an offense | ||
punishable as a Class A misdemeanor or any higher category of | ||
offense: | ||
(A) release the defendant on bail under Article | ||
46B.072; or | ||
(B) commit the defendant to a facility or a | ||
jail-based competency restoration program under Article 46B.073(c) | ||
or (d). | ||
SECTION 8. Subchapter D, Chapter 46B, Code of Criminal | ||
Procedure, is amended by adding Article 46B.0711 to read as | ||
follows: | ||
Art. 46B.0711. RELEASE ON BAIL FOR CLASS B MISDEMEANOR. | ||
(a) This article applies only to a defendant who is subject to an | ||
initial restoration period based on Article 46B.071. | ||
(b) Subject to conditions reasonably related to ensuring | ||
public safety and the effectiveness of the defendant's treatment, | ||
if the court determines that a defendant charged with an offense | ||
punishable as a Class B misdemeanor and found incompetent to stand | ||
trial is not a danger to others and may be safely treated on an | ||
outpatient basis with the specific objective of attaining | ||
competency to stand trial, and an appropriate outpatient competency | ||
restoration program is available for the defendant, the court | ||
shall: | ||
(1) release the defendant on bail or continue the | ||
defendant's release on bail; and | ||
(2) order the defendant to participate in an | ||
outpatient competency restoration program for a period not to | ||
exceed 60 days. | ||
(c) Notwithstanding Subsection (b), the court may order a | ||
defendant to participate in an outpatient competency restoration | ||
program under this article only if: | ||
(1) the court receives and approves a comprehensive | ||
plan that: | ||
(A) provides for the treatment of the defendant | ||
for purposes of competency restoration; and | ||
(B) identifies the person who will be responsible | ||
for providing that treatment to the defendant; and | ||
(2) the court finds that the treatment proposed by the | ||
plan will be available to and will be provided to the defendant. | ||
(d) An order issued under this article may require the | ||
defendant to participate in: | ||
(1) as appropriate, an outpatient competency | ||
restoration program administered by a community center or an | ||
outpatient competency restoration program administered by any | ||
other entity that provides competency restoration services; and | ||
(2) an appropriate prescribed regimen of medical, | ||
psychiatric, or psychological care or treatment, including care or | ||
treatment involving the administration of psychoactive medication, | ||
including those required under Article 46B.086. | ||
SECTION 9. The heading to Article 46B.072, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
Art. 46B.072. RELEASE ON BAIL FOR FELONY OR CLASS A | ||
MISDEMEANOR. | ||
SECTION 10. Articles 46B.072(a-1), (b), (c), and (d), Code | ||
of Criminal Procedure, are amended to read as follows: | ||
(a-1) Subject to conditions reasonably related to ensuring | ||
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treatment, if the court determines that a defendant charged with an | ||
offense punishable as a felony or a Class A misdemeanor and found | ||
incompetent to stand trial is not a danger to others and may be | ||
safely treated on an outpatient basis with the specific objective | ||
of attaining competency to stand trial, and [ |
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outpatient competency restoration [ |
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for the defendant, the court: | ||
(1) may release on bail a defendant found incompetent | ||
to stand trial with respect to an offense punishable as a felony or | ||
may continue the defendant's release on bail; and | ||
(2) shall release on bail a defendant found | ||
incompetent to stand trial with respect to an offense punishable as | ||
a Class A [ |
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on bail. | ||
(b) The court shall order a defendant released on bail under | ||
Subsection (a-1) to participate in an outpatient competency | ||
restoration [ |
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days. | ||
(c) Notwithstanding Subsection (a-1), the court may order a | ||
defendant to participate in an outpatient competency restoration | ||
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(1) the court receives and approves a comprehensive | ||
plan that: | ||
(A) provides for the treatment of the defendant | ||
for purposes of competency restoration; and | ||
(B) identifies the person who will be responsible | ||
for providing that treatment to the defendant; and | ||
(2) the court finds that the treatment proposed by the | ||
plan will be available to and will be provided to the defendant. | ||
(d) An order issued under this article may require the | ||
defendant to participate in: | ||
(1) as appropriate, an outpatient competency | ||
restoration [ |
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or an outpatient competency restoration [ |
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administered by any other entity that provides outpatient | ||
competency restoration services; and | ||
(2) an appropriate prescribed regimen of medical, | ||
psychiatric, or psychological care or treatment, including care or | ||
treatment involving the administration of psychoactive medication, | ||
including those required under Article 46B.086. | ||
SECTION 11. Article 46B.073, Code of Criminal Procedure, is | ||
amended by amending Subsections (b), (c), (d), and (e) and adding | ||
Subsection (f) to read as follows: | ||
(b) For purposes of further examination and competency | ||
restoration services with [ |
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objective of the defendant attaining competency to stand trial, the | ||
court shall commit a defendant described by Subsection (a) to a | ||
mental health facility, [ |
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jail-based competency restoration program for the applicable | ||
period as follows: | ||
(1) a period of not more than 60 days, if the defendant | ||
is charged with an offense punishable as a misdemeanor; or | ||
(2) a period of not more than 120 days, if the | ||
defendant is charged with an offense punishable as a felony. | ||
(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 [ |
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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 the maximum security unit of any facility | ||
designated by the Department of State Health Services, to an agency | ||
of the United States operating a mental hospital, or to a Department | ||
of Veterans Affairs hospital. | ||
(d) If the defendant is not charged with an offense | ||
described by Subsection (c) and the indictment does not allege an | ||
affirmative finding under Article 42A.054(c) or (d), the court | ||
shall enter an order committing the defendant to a mental health | ||
facility or residential care facility determined to be appropriate | ||
by the local mental health authority or local intellectual and | ||
developmental disability authority or to a jail-based competency | ||
restoration program. A defendant may be committed to a jail-based | ||
competency restoration program only if the program provider | ||
determines the defendant will begin to receive competency | ||
restoration services within 72 hours of arriving at the program. | ||
(e) Except as provided by Subsection (f), a defendant | ||
charged with an offense punishable as a Class B misdemeanor may be | ||
committed under this subchapter only to a jail-based competency | ||
restoration program. | ||
(f) A defendant charged with an offense punishable as a | ||
Class B misdemeanor may be committed to a mental health facility or | ||
residential care facility described by Subsection (d) only if a | ||
jail-based competency restoration program is not available | ||
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SECTION 12. Article 46B.074(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a) A defendant may be committed to a jail-based competency | ||
restoration program, mental health facility, or residential care | ||
facility under this subchapter only on competent medical or | ||
psychiatric testimony provided by an expert qualified under Article | ||
46B.022. | ||
SECTION 13. Article 46B.075, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 46B.075. TRANSFER OF DEFENDANT TO FACILITY OR | ||
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46B.0711, 46B.072, or 46B.073 must place the defendant in the | ||
custody of the sheriff for transportation to the facility or | ||
[ |
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defendant is to receive [ |
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restoration services. | ||
SECTION 14. Articles 46B.0755(a), (b), and (d), Code of | ||
Criminal Procedure, are amended to read as follows: | ||
(a) Notwithstanding any other provision of this subchapter, | ||
if the court receives credible evidence indicating that the | ||
defendant has been restored to competency at any time after the | ||
defendant's incompetency trial under Subchapter C but before the | ||
defendant is transported under Article 46B.075 to the [ |
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disinterested experts to reexamine the defendant in accordance with | ||
Subchapter B. The court is not required to appoint the same expert | ||
or experts who performed the initial examination of the defendant | ||
under that subchapter. | ||
(b) If after a reexamination of the defendant the applicable | ||
expert's report states an opinion that the defendant remains | ||
incompetent, the court's order under Article 46B.0711, 46B.072, or | ||
46B.073 remains in effect, and the defendant shall be transported | ||
to the facility or [ |
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Article 46B.075. If after a reexamination of the defendant the | ||
applicable expert's report states an opinion that the defendant has | ||
been restored to competency, the court shall withdraw its order | ||
under Article 46B.0711, 46B.072, or 46B.073 and proceed under | ||
Subsection (c) or (d). | ||
(d) The court shall hold a hearing to determine whether the | ||
defendant has been restored to competency if any party fails to | ||
agree or if the court fails to concur that the defendant is | ||
competent to stand trial. If a court holds a hearing under this | ||
subsection, on the request of the counsel for either party or the | ||
motion of the court, a jury shall make the competency | ||
determination. For purposes of the hearing, incompetency is | ||
presumed, and the defendant's competency must be proved by a | ||
preponderance of the evidence. If after the hearing the defendant | ||
is again found to be incompetent to stand trial, the court shall | ||
issue a new order under Article 46B.0711, 46B.072, or 46B.073, as | ||
appropriate based on the defendant's current condition. | ||
SECTION 15. Article 46B.076, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 46B.076. COURT'S ORDER. (a) If the defendant is | ||
found incompetent to stand trial, not later than the date of the | ||
order of commitment or of release on bail, as applicable, the court | ||
shall send a copy of the order to the applicable facility [ |
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to the facility or [ |
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following made available to the court during the incompetency | ||
trial: | ||
(1) reports of each expert; | ||
(2) psychiatric, psychological, or social work | ||
reports that relate to the mental condition of the defendant; | ||
(3) documents provided by the attorney representing | ||
the state or the attorney representing the defendant that relate to | ||
the defendant's current or past mental condition; | ||
(4) copies of the indictment or information and any | ||
supporting documents used to establish probable cause in the case; | ||
(5) the defendant's criminal history record; and | ||
(6) the addresses of the attorney representing the | ||
state and the attorney representing the defendant. | ||
(b) The court shall order that the transcript of all medical | ||
testimony received by the jury or court be promptly prepared by the | ||
court reporter and forwarded to the applicable [ |
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SECTION 16. Article 46B.077, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 46B.077. INDIVIDUAL TREATMENT PROGRAM. (a) The | ||
facility or jail-based competency restoration program to which the | ||
defendant is committed or the outpatient competency restoration | ||
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shall: | ||
(1) develop an individual program of treatment; | ||
(2) assess and evaluate whether the defendant is | ||
likely to be restored to competency in the foreseeable future; and | ||
(3) report to the court and to the local mental health | ||
authority or to the local intellectual and developmental disability | ||
authority on the defendant's progress toward achieving competency. | ||
(b) If the defendant is committed to an inpatient mental | ||
health facility, [ |
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competency restoration program, the facility or program shall | ||
report to the court at least once during the commitment period. | ||
(c) If the defendant is released to an outpatient competency | ||
restoration [ |
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(1) not later than the 14th day after the date on which | ||
the defendant's competency restoration services begin [ |
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(2) until the defendant is no longer released to the | ||
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following the date of the report required by Subdivision (1). | ||
SECTION 17. Article 46B.078, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 46B.078. CHARGES SUBSEQUENTLY DISMISSED. If the | ||
charges pending against a defendant are dismissed, the court that | ||
issued the order under Article 46B.0711, 46B.072, or 46B.073 shall | ||
send a copy of the order of dismissal to the sheriff of the county in | ||
which the court is located and to the head of the facility, the | ||
provider of the jail-based competency restoration program, or the | ||
provider of the outpatient competency restoration [ |
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program, as appropriate. On receipt of the copy of the order, the | ||
facility or [ |
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defendant into the care of the sheriff for transportation in the | ||
manner described by Article 46B.082. | ||
SECTION 18. Article 46B.079, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 46B.079. NOTICE AND REPORT TO COURT. (a) The head of | ||
the facility, the provider of the jail-based competency restoration | ||
program, or the provider of the outpatient competency restoration | ||
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before the date on which the initial restoration period is to expire | ||
according to the terms of the order or under Article 46B.0095 or | ||
other applicable provisions of this chapter, shall notify the | ||
applicable court that the period is about to expire. | ||
(b) The head of the facility or jail-based competency | ||
restoration [ |
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promptly notify the court when the head of the facility or | ||
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(1) the defendant is clinically ready and can be | ||
safely transferred to a competency restoration program for | ||
education services but has not yet attained competency to stand | ||
trial; | ||
(2) the defendant has attained competency to stand | ||
trial; or | ||
(3) [ |
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competency in the foreseeable future. | ||
(b-1) The outpatient competency restoration program | ||
provider shall promptly notify the court when the program provider | ||
believes that: | ||
(1) the defendant has attained competency to stand | ||
trial; or | ||
(2) the defendant is not likely to attain competency | ||
in the foreseeable future. | ||
(c) When the head of the facility or [ |
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program provider gives notice to the court under Subsection (a), | ||
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court stating the reason for the proposed discharge or transfer | ||
under this chapter and including a list of the types and dosages of | ||
medications prescribed for the defendant while the defendant was | ||
receiving competency restoration services in the facility or | ||
through [ |
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provide [ |
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defendant and the attorney representing the state copies of a | ||
report based on notice under this article, other than notice under | ||
Subsection (b)(1), to enable any objection to the findings of the | ||
report to be made in a timely manner as required under Article | ||
46B.084(a-1). | ||
(d) If the head of the facility or [ |
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program provider notifies the court that the initial restoration | ||
period is about to expire, the notice may contain a request for an | ||
extension of the period for an additional period of 60 days and an | ||
explanation for the basis of the request. An explanation provided | ||
under this subsection must include a description of any evidence | ||
indicating a reduction in the severity of the defendant's symptoms | ||
or impairment. | ||
SECTION 19. Article 46B.080(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a) On a request of the head of a facility or a [ |
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program provider that is made under Article 46B.079(d) and | ||
notwithstanding any other provision of this subchapter, the court | ||
may enter an order extending the initial restoration period for an | ||
additional period of 60 days. | ||
SECTION 20. Subchapter D, Chapter 46B, Code of Criminal | ||
Procedure, is amended by adding Articles 46B.0805 and 46B.0825 to | ||
read as follows: | ||
Art. 46B.0805. COMPETENCY RESTORATION EDUCATION SERVICES. | ||
(a) On notification from the head of a facility or a program | ||
provider under Article 46B.079(b)(1), the court shall order the | ||
defendant to receive competency restoration education services in a | ||
jail-based competency restoration program or an outpatient | ||
competency restoration program, as appropriate and if available. | ||
(b) If a defendant for whom an order is entered under | ||
Subsection (a) was committed for competency restoration to a | ||
facility other than a jail-based competency restoration program, | ||
the court shall send a copy of that order to: | ||
(1) the sheriff of the county in which the court is | ||
located; | ||
(2) the head of the facility to which the defendant was | ||
committed for competency restoration; and | ||
(3) the local mental health authority or local | ||
intellectual and developmental disability authority, as | ||
appropriate. | ||
(c) As soon as practicable but not later than the 10th day | ||
after the date of receipt of a copy of an order under Subsection | ||
(b)(2), the applicable facility shall discharge the defendant into | ||
the care of the sheriff of the county in which the court is located. | ||
The sheriff shall transport the defendant to the jail-based | ||
competency restoration program or outpatient competency | ||
restoration program, as appropriate. | ||
(d) A jail-based competency restoration program or | ||
outpatient competency restoration program that receives a | ||
defendant under this article shall give to the court: | ||
(1) notice regarding the defendant's entry into the | ||
program for purposes of receiving competency restoration education | ||
services; and | ||
(2) subsequent notice as otherwise required under | ||
Article 46B.079. | ||
Art. 46B.0825. ADMINISTRATION OF MEDICATION WHILE IN | ||
CUSTODY OF SHERIFF. (a) A sheriff having custody of a defendant | ||
for transportation as required by Article 46B.075, 46B.0805, or | ||
46B.082 shall, according to information available at the time and | ||
unless directed otherwise by a physician treating the defendant, | ||
ensure that the defendant is provided with the types and dosages of | ||
medication prescribed for the defendant. | ||
(b) To the extent funds are appropriated for that purpose, a | ||
sheriff is entitled to reimbursement from the state for providing | ||
the medication required by Subsection (a). | ||
(c) If the sheriff determines that funds are not available | ||
from the state to reimburse the sheriff as provided by Subsection | ||
(b), the sheriff is not required to comply with Subsection (a). | ||
SECTION 21. Article 46B.081, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 46B.081. RETURN TO COURT. Subject to Article | ||
46B.082(b), a defendant committed or released on bail under this | ||
subchapter shall be returned to the applicable court as soon as | ||
practicable after notice to the court is provided under Article | ||
46B.079(a), (b)(2), (b)(3), or (b-1) [ |
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the date of expiration of the period for restoration specified by | ||
the court under Article 46B.0711, 46B.072, or 46B.073. | ||
SECTION 22. The heading to Article 46B.082, Code of | ||
Criminal Procedure, is amended to read as follows: | ||
Art. 46B.082. TRANSPORTATION OF DEFENDANT TO COURT. | ||
SECTION 23. Article 46B.082(b), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(b) If before the 15th day after the date on which the court | ||
received notification under Article 46B.079(a), (b)(2), (b)(3), or | ||
(b-1) [ |
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competency restoration program or ordered to participate in an | ||
outpatient competency restoration [ |
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transported to the court that issued the order under Article | ||
46B.0711, 46B.072, or 46B.073, as applicable, the head of the | ||
facility or provider of the jail-based competency restoration | ||
program to which the defendant is committed or the provider of the | ||
outpatient competency restoration [ |
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defendant is participating shall cause the defendant to be promptly | ||
transported to the court and placed in the custody of the sheriff of | ||
the county in which the court is located. The county in which the | ||
court is located shall reimburse [ |
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appropriate, for the mileage and per diem expenses of the personnel | ||
required to transport the defendant, calculated in accordance with | ||
rates provided in the General Appropriations Act for state | ||
employees. | ||
SECTION 24. Article 46B.083, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 46B.083. SUPPORTING COMMITMENT INFORMATION PROVIDED | ||
BY FACILITY [ |
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(a) If the head of the facility, the jail-based competency | ||
restoration program provider, or the outpatient competency | ||
restoration [ |
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defendant is a person with mental illness and meets the criteria for | ||
court-ordered mental health services under Subtitle C, Title 7, | ||
Health and Safety Code, the head of the facility or the [ |
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certificate of medical examination for mental illness. | ||
(b) If the head of the facility, the jail-based competency | ||
restoration program provider, or the outpatient competency | ||
restoration [ |
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defendant is a person with an intellectual disability, the head of | ||
the facility or the [ |
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have submitted to the court an affidavit stating the conclusions | ||
reached as a result of the examination. | ||
SECTION 25. Article 46B.084(a-1)(1), Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(1) Following the defendant's return to the court, the | ||
court shall make a determination with regard to the defendant's | ||
competency to stand trial. The court may make the determination | ||
based only on the most recent report that is filed under Article | ||
46B.079(c) and based on notice under that article, other than | ||
notice under Subsection (b)(1) of that article, and on other | ||
medical information or personal history information relating to the | ||
defendant. A party may object in writing or in open court to the | ||
findings of the most recent report not later than the 15th day after | ||
the date on which the court received the applicable notice | ||
[ |
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determination not later than the 20th day after the date on which | ||
the court received the applicable notice [ |
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Article 46B.079, or not later than the fifth day after the date of | ||
the defendant's return to court, whichever occurs first, regardless | ||
of whether a party objects to the report as described by this | ||
subsection and the issue is set for hearing under Subsection (b). | ||
SECTION 26. Articles 46B.086(a), (b), (c), and (d), Code of | ||
Criminal Procedure, are amended to read as follows: | ||
(a) This article applies only to a defendant: | ||
(1) who is determined under this chapter to be | ||
incompetent to stand trial; | ||
(2) who either: | ||
(A) remains confined in a correctional facility, | ||
as defined by Section 1.07, Penal Code, for a period exceeding 72 | ||
hours while awaiting transfer to an inpatient mental health | ||
facility, a residential care facility, a jail-based competency | ||
restoration program, or an outpatient competency restoration | ||
[ |
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(B) is committed to an inpatient mental health | ||
facility, [ |
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competency restoration program for the purpose of competency | ||
restoration; | ||
(C) is confined in a correctional facility while | ||
awaiting further criminal proceedings following competency | ||
restoration [ |
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(D) is subject to Article 46B.0711, if the court | ||
has made the determinations required by Subsection (b) of that | ||
article; or | ||
(E) [ |
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court has made the determinations required by Subsection (a-1) of | ||
that article; | ||
(3) for whom a correctional facility or jail-based | ||
competency restoration program that employs or contracts with a | ||
licensed psychiatrist, an inpatient mental health facility, a | ||
residential care facility, or an outpatient competency restoration | ||
[ |
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that requires the defendant to take psychoactive medications; and | ||
(4) who, after a hearing held under Section 574.106 or | ||
592.156, Health and Safety Code, if applicable, has been found to | ||
not meet the criteria prescribed by Sections 574.106(a) and (a-1) | ||
or 592.156(a) and (b), Health and Safety Code, for court-ordered | ||
administration of psychoactive medications. | ||
(b) If a defendant described by Subsection (a) refuses to | ||
take psychoactive medications as required by the defendant's | ||
continuity of care plan, the director of the [ |
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facility or the [ |
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applicable, shall notify the court in which the criminal | ||
proceedings are pending of that fact not later than the end of the | ||
next business day following the refusal. The court shall promptly | ||
notify the attorney representing the state and the attorney | ||
representing the defendant of the defendant's refusal. The | ||
attorney representing the state may file a written motion to compel | ||
medication. The motion to compel medication must be filed not later | ||
than the 15th day after the date a judge issues an order stating | ||
that the defendant does not meet the criteria for court-ordered | ||
administration of psychoactive medications under Section 574.106 | ||
or 592.156, Health and Safety Code, except that, for a defendant in | ||
an outpatient competency restoration [ |
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motion may be filed at any time. | ||
(c) The court, after notice and after a hearing held not | ||
later than the 10th day after the motion to compel medication is | ||
filed, may authorize the director of the [ |
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the program provider, as applicable, to have the medication | ||
administered to the defendant, by reasonable force if necessary. A | ||
hearing under this subsection may be conducted using an electronic | ||
broadcast system as provided by Article 46B.013. | ||
(d) The court may issue an order under this article only if | ||
the order is supported by the testimony of two physicians, one of | ||
whom is the physician at or with the applicable [ |
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facility or [ |
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medication as a component of the defendant's continuity of care | ||
plan and another who is not otherwise involved in proceedings | ||
against the defendant. The court may require either or both | ||
physicians to examine the defendant and report on the examination | ||
to the court. | ||
SECTION 27. Subchapter D, Chapter 46B, Code of Criminal | ||
Procedure, is amended by adding Article 46B.091 to read as follows: | ||
Art. 46B.091. JAIL-BASED COMPETENCY RESTORATION PROGRAM | ||
IMPLEMENTED BY COUNTY. (a) In this article: | ||
(1) "Commission" means the Health and Human Services | ||
Commission. | ||
(2) "Executive commissioner" means the executive | ||
commissioner of the Health and Human Services Commission. | ||
(b) A county or counties jointly may develop and implement a | ||
jail-based competency restoration program. | ||
(c) A county that implements a program under this article | ||
shall contract with a provider of jail-based competency restoration | ||
services that is a local mental health authority or local | ||
behavioral health authority that is in good standing with the | ||
commission, which may include an authority that is in good standing | ||
with the commission and subcontracts with a provider of jail-based | ||
competency restoration services. | ||
(d) A jail-based competency restoration program must: | ||
(1) provide jail-based competency restoration | ||
services through the use of a multidisciplinary treatment team that | ||
is: | ||
(A) directed toward the specific objective of | ||
restoring the defendant's competency to stand trial; and | ||
(B) similar to other competency restoration | ||
programs; | ||
(2) employ or contract for the services of at least one | ||
psychiatrist; | ||
(3) provide jail-based competency restoration | ||
services through licensed or qualified mental health | ||
professionals; | ||
(4) provide weekly competency restoration hours | ||
commensurate to the hours provided as part of a competency | ||
restoration program at an inpatient mental health facility; | ||
(5) operate in the jail in a designated space that is | ||
separate from the space used for the general population of the jail; | ||
(6) ensure coordination of general health care; | ||
(7) provide mental health treatment and substance use | ||
disorder treatment to defendants, as necessary, for competency | ||
restoration; and | ||
(8) supply clinically appropriate psychoactive | ||
medications for purposes of administering court-ordered medication | ||
to defendants as applicable and in accordance with Article 46B.086 | ||
of this code or Section 574.106, Health and Safety Code. | ||
(e) The executive commissioner shall adopt rules as | ||
necessary for a county to develop and implement a program under this | ||
article. The commission shall, as part of the rulemaking process, | ||
establish contract monitoring and oversight requirements for a | ||
local mental health authority or local behavioral health authority | ||
that contracts with a county to provide jail-based competency | ||
restoration services under this article. The contract monitoring | ||
and oversight requirements must be consistent with local mental | ||
health authority or local behavioral health authority performance | ||
contract monitoring and oversight requirements, as applicable. | ||
(f) The commission may inspect on behalf of the state any | ||
aspect of a program implemented under this article. | ||
(g) A psychiatrist or psychologist for the provider shall | ||
conduct at least two full psychiatric or psychological evaluations | ||
of the defendant during the period the defendant receives | ||
competency restoration services in the jail. The psychiatrist or | ||
psychologist must conduct one evaluation not later than the 21st | ||
day and one evaluation not later than the 55th day after the date | ||
the defendant is committed to the program. The psychiatrist or | ||
psychologist shall submit to the court a report concerning each | ||
evaluation required under this subsection. | ||
(h) If at any time during a defendant's commitment to a | ||
program implemented under this article the psychiatrist or | ||
psychologist for the provider determines that the defendant has | ||
attained competency to stand trial: | ||
(1) the psychiatrist or psychologist for the provider | ||
shall promptly issue and send to the court a report demonstrating | ||
that fact; and | ||
(2) the court shall consider that report as the report | ||
of an expert stating an opinion that the defendant has been restored | ||
to competency for purposes of Article 46B.0755(a) or (b). | ||
(i) If at any time during a defendant's commitment to a | ||
program implemented under this article the psychiatrist or | ||
psychologist for the provider determines that the defendant's | ||
competency to stand trial is unlikely to be restored in the | ||
foreseeable future: | ||
(1) the psychiatrist or psychologist for the provider | ||
shall promptly issue and send to the court a report demonstrating | ||
that fact; and | ||
(2) the court shall: | ||
(A) proceed under Subchapter E or F and order the | ||
transfer of the defendant, without unnecessary delay, to the first | ||
available facility that is appropriate for that defendant, as | ||
provided under Subchapter E or F, as applicable; or | ||
(B) release the defendant on bail as permitted | ||
under Chapter 17. | ||
(j) If the psychiatrist or psychologist for the provider | ||
determines that a defendant committed to a program implemented | ||
under this article has not been restored to competency by the end of | ||
the 60th day after the date the defendant was committed to the | ||
program: | ||
(1) for a defendant charged with a felony, the | ||
defendant shall be transferred, without unnecessary delay and for | ||
the remainder of the period prescribed by Article 46B.073(b), to | ||
the first available facility that is appropriate for that defendant | ||
as provided by Article 46B.073(c) or (d); and | ||
(2) for a defendant charged with a misdemeanor, the | ||
court may: | ||
(A) order a single extension under Article | ||
46B.080 and, notwithstanding Articles 46B.073(e) and (f), the | ||
transfer of the defendant without unnecessary delay to the | ||
appropriate mental health facility or residential care facility as | ||
provided by Article 46B.073(d) for the remainder of the period | ||
under the extension; | ||
(B) proceed under Subchapter E or F; | ||
(C) release the defendant on bail as permitted | ||
under Chapter 17; or | ||
(D) dismiss the charges in accordance with | ||
Article 46B.010. | ||
(k) Unless otherwise provided by this article, the | ||
provisions of this chapter, including the maximum periods | ||
prescribed by Article 46B.0095, apply to a defendant receiving | ||
competency restoration services, including competency restoration | ||
education services, under a program implemented under this article | ||
in the same manner as those provisions apply to any other defendant | ||
who is subject to proceedings under this chapter. | ||
(l) This article does not affect the responsibility of a | ||
county to ensure the safety of a defendant who is committed to the | ||
program and to provide the same adequate care to the defendant as is | ||
provided to other inmates of the jail in which the defendant is | ||
located. | ||
SECTION 28. Section 574.034(g), Health and Safety Code, is | ||
amended to read as follows: | ||
(g) An order for temporary inpatient or outpatient mental | ||
health services shall state that treatment is authorized for not | ||
longer than 45 [ |
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not to exceed 90 days if the judge finds that the longer period is | ||
necessary. [ |
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SECTION 29. Section 614.0032(b), Health and Safety Code, is | ||
amended to read as follows: | ||
(b) The office shall[ |
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electronic format a standard form for use by experts in reporting | ||
competency examination results under Chapter 46B, Code of Criminal | ||
Procedure. | ||
SECTION 30. The following provisions are repealed: | ||
(1) Article 46B.026(c), Code of Criminal Procedure; | ||
(2) Article 46B.090(o), Code of Criminal Procedure; | ||
and | ||
(3) Section 614.0032(c), Health and Safety Code. | ||
SECTION 31. Not later than November 1, 2017, the executive | ||
commissioner of the Health and Human Services Commission shall | ||
adopt the rules described by Article 46B.091(e), Code of Criminal | ||
Procedure, as added by this Act. | ||
SECTION 32. (a) Except as provided by Subsection (b) of | ||
this section, the changes in law made by this Act 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 | ||
subsection, an offense was committed before the effective date of | ||
this Act if any element of the offense occurred before that date. | ||
(b) The change in law made by this Act to Section | ||
574.034(g), Health and Safety Code, applies only to an order for | ||
court-ordered temporary mental health services that is issued on or | ||
after the effective date of this Act. An order issued before the | ||
effective date of this Act is governed by the law in effect on the | ||
date the order was issued, and the former law is continued in effect | ||
for that purpose. | ||
SECTION 33. This Act takes effect September 1, 2017. | ||
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