By: Perry	S.B. No. 1183
	(Price)

	A BILL TO BE ENTITLED
	AN ACT
	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 [OUTPATIENT
	TREATMENT] PROGRAM PARTICIPATION DETERMINED BY MAXIMUM TERM FOR
	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 [both] inpatient treatment, [and]
	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, [or other inpatient or
	residential] facility, or [outpatient treatment] program provider
	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
	[inpatient or residential] facility or may be ordered to
	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 [treatment] periods or program
	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 [both] inpatient treatment, [and] outpatient
	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)  [commit the defendant to a facility under
	Article 46B.073; or
	[(2)]  release the defendant on bail under Article
	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
	[assuring] public safety and the effectiveness of the defendant's
	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 [if] an appropriate
	outpatient competency restoration [treatment] program is available
	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 [a] misdemeanor or shall continue the defendant's release
	on bail.
	(b)  The court shall order a defendant released on bail under
	Subsection (a-1) to participate in an outpatient competency
	restoration [treatment] program for a period not to exceed 120
	days.
	(c)  Notwithstanding Subsection (a-1), the court may order a
	defendant to participate in an outpatient competency restoration
	[treatment] 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 [treatment] program administered by a community center
	or an outpatient competency restoration [treatment] program
	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 [treatment toward] the specific
	objective of the defendant attaining competency to stand trial, the
	court shall commit a defendant described by Subsection (a) to a
	mental health facility, [or] residential care facility, or
	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 [listed in Article 17.032(a)(6)], or the indictment
	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
	[Notwithstanding Subsections (b), (c), and (d) and notwithstanding
	the contents of the applicable order of commitment, in a county in
	which the Department of State Health Services operates a jail-based
	restoration of competency pilot program under Article 46B.090, a
	defendant for whom an order is issued under this article committing
	the defendant to a mental health facility or residential care
	facility shall be provided competency restoration services at the
	jail under the pilot program if the service provider at the jail
	determines the defendant will immediately begin to receive
	services. If the service provider at the jail determines the
	defendant will not immediately begin to receive competency
	restoration services, the defendant shall be transferred to the
	appropriate mental health facility or residential care facility as
	provided by the court order. This subsection expires September 1,
	2019].
	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
	[OUTPATIENT TREATMENT] PROGRAM. An order issued under Article
	46B.0711, 46B.072, or 46B.073 must place the defendant in the
	custody of the sheriff for transportation to the facility or
	[outpatient treatment] program, as applicable, in which the
	defendant is to receive [treatment for purposes of] competency
	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 [a mental
	health facility, residential care] facility[,] or [outpatient
	treatment] program, as applicable, the court may appoint
	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 [outpatient treatment] program as required by
	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 [to which
	the defendant is committed] or [the outpatient treatment] program
	[to which the defendant is released]. The court shall also provide
	to the facility or [outpatient treatment] program copies of the
	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 [proper] facility or
	[outpatient treatment] program.
	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
	[treatment] program to which the defendant is released on bail
	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, [or to a] residential care facility, or jail-based
	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 [a treatment] program [not provided by an inpatient
	mental health facility or a residential care facility], the
	[treatment] program shall report to the court:
	(1)  not later than the 14th day after the date on which
	the defendant's competency restoration services begin [treatment
	begins]; and
	(2)  until the defendant is no longer released to the
	[treatment] program, at least once during each 30-day period
	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 [treatment]
	program, as appropriate. On receipt of the copy of the order, the
	facility or [outpatient treatment] program shall discharge the
	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
	[treatment] program, as appropriate, not later than the 15th day
	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 [or outpatient treatment] program provider shall
	promptly notify the court when the head of the facility or
	[outpatient treatment] program provider believes that:
	(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) [(2)]  the defendant is not likely to attain
	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 [outpatient treatment]
	program provider gives notice to the court under Subsection (a),
	[or] (b), or (b-1), the head of the facility or [outpatient
	treatment] program provider also shall file a final report with the
	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 [participating in] the [outpatient treatment] program.  The
	[To enable any objection to the findings of the report to be made in
	a timely manner under Article 46B.084(a-1), the] court shall
	provide [copies of the report] to the attorney representing the
	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 [outpatient treatment]
	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 [treatment]
	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) [46B.079], but not later than
	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) [46B.079] a defendant committed to a facility or jail-based
	competency restoration program or ordered to participate in an
	outpatient competency restoration [treatment] program has not been
	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 [treatment] program in which the
	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 [the Department of State Health
	Services or] the Health and Human [Department of Aging and
	Disability] Services Commission or program provider, as
	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 [HEAD] OR [OUTPATIENT TREATMENT] PROGRAM [PROVIDER].
	(a)  If the head of the facility, the jail-based competency
	restoration program provider, or the outpatient competency
	restoration [treatment] program provider believes that the
	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 [outpatient
	treatment] program provider shall have submitted to the court a
	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 [treatment] program provider believes that the
	defendant is a person with an intellectual disability, the head of
	the facility or the [outpatient treatment] program provider shall
	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
	[notification] under Article 46B.079. The court shall make the
	determination not later than the 20th day after the date on which
	the court received the applicable notice [notification] under
	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
	[treatment] program;
	(B)  is committed to an inpatient mental health
	facility, [or] a residential care facility, or a jail-based
	competency restoration program for the purpose of competency
	restoration;
	(C)  is confined in a correctional facility while
	awaiting further criminal proceedings following competency
	restoration [treatment];
	(D)  is subject to Article 46B.0711, if the court
	has made the determinations required by Subsection (b) of that
	article; or
	(E) [(D)]  is subject to Article 46B.072, if the
	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
	[treatment] program provider has prepared a continuity of care plan
	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 [correctional]
	facility or the [outpatient treatment] program provider, as
	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 [treatment] program, the
	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 [correctional] facility or
	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 [correctional]
	facility or [outpatient treatment] program who is prescribing the
	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.  Articles 46B.090(f) and (n), Code of Criminal
	Procedure, are amended to read as follows:
	(f)  To contract with the department under Subsection (b), a
	provider of jail-based competency restoration services must
	demonstrate to the department that:
	(1)  the provider:
	(A)  has previously provided jail-based
	competency restoration services for one or more years; or
	(B)  is a local mental health authority that has
	previously provided competency restoration services;
	(2)  the provider's jail-based competency restoration
	program:
	(A)  uses a multidisciplinary treatment team to
	provide clinical treatment that is:
	(i)  directed toward the specific objective
	of restoring the defendant's competency to stand trial; and
	(ii)  similar to the clinical treatment
	provided as part of a competency restoration program at an
	inpatient mental health facility;
	(B)  employs or contracts for the services of at
	least one psychiatrist; and
	(C)  [assigns staff members to defendants
	participating in the program at an average ratio not lower than 3.7
	to 1; and
	[(D)]  provides weekly treatment hours
	commensurate to the treatment hours provided as part of a
	competency restoration program at an inpatient mental health
	facility;
	(3)  the provider is certified by a nationwide
	nonprofit organization that accredits health care organizations
	and programs, such as the Joint Commission on Health Care Staffing
	Services, or the provider is a local mental health authority in good
	standing with the department; and
	(4)  the provider has a demonstrated history of
	successful jail-based competency restoration outcomes or, if the
	provider is a local mental health authority, a demonstrated history
	of successful competency restoration outcomes.
	(n)  If the department develops and implements a jail-based
	restoration of competency pilot program under this article, not
	later than December 1, 2018 [2016], the commissioner of the
	department shall submit a report concerning the pilot program to
	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.  The
	report must include the information collected by the department
	during the pilot program and the commissioner's evaluation of the
	outcome of the program as of the date the report is submitted.
	SECTION 28.  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 29.  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 [90] days, except that the order may specify a period
	not to exceed 90 days if the judge finds that the longer period is
	necessary. [The order may not specify a shorter period.]
	SECTION 30.  Section 614.0032(b), Health and Safety Code, is
	amended to read as follows:
	(b)  The office shall[:
	[(1)     with the special assistance of committee members
	appointed under Section 614.002(b)(1):
	[(A)     review examinations to determine the
	competency of defendants in criminal cases to stand trial and
	examinations to determine the fitness of children to proceed with
	respect to adjudications of delinquent conduct or conduct
	indicating a need for supervision; and
	[(B)     periodically report to the legislature and
	the court of criminal appeals findings made as a result of the
	review described by Paragraph (A); and
	[(2)]  approve and make generally available in
	electronic format a standard form for use by experts in reporting
	competency examination results under Chapter 46B, Code of Criminal
	Procedure.
	SECTION 31.  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 32.  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 33.  (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 34.  This Act takes effect September 1, 2017.