Bill Text: TX SB1475 | 2013-2014 | 83rd Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to a jail-based restoration of competency pilot program.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [SB1475 Detail]
Download: Texas-2013-SB1475-Engrossed.html
Bill Title: Relating to a jail-based restoration of competency pilot program.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [SB1475 Detail]
Download: Texas-2013-SB1475-Engrossed.html
By: Duncan | S.B. No. 1475 |
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relating to a jail-based restoration of competency pilot program. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 46B.073, Code of Criminal Procedure, is | ||
amended by adding Subsection (e) to read as follows: | ||
(e) Notwithstanding Subsections (b), (c), and (d) and | ||
notwithstanding the contents of the applicable order of commitment, | ||
in a county in which the department 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, | ||
2017. | ||
SECTION 2. Subchapter D, Chapter 46B, Code of Criminal | ||
Procedure, is amended by adding Article 46B.090 to read as follows: | ||
Art. 46B.090. JAIL-BASED RESTORATION OF COMPETENCY PILOT | ||
PROGRAM. (a) If the legislature appropriates to the department | ||
the funding necessary for the department to operate a jail-based | ||
restoration of competency pilot program as described by this | ||
article, the department shall develop and implement the pilot | ||
program in one or two counties in this state that choose to | ||
participate in the pilot program. In developing the pilot program, | ||
the department shall coordinate and allow for input from each | ||
participating county. | ||
(b) The department shall contract with a provider of | ||
jail-based competency restoration services to provide services | ||
under the pilot program if the department develops a pilot program | ||
under this article. | ||
(c) Not later than November 1, 2013, the commissioner of the | ||
department, in consultation with a stakeholder workgroup | ||
established by the department as provided by Subsection (d), shall | ||
adopt rules as necessary to implement the pilot program. In | ||
adopting rules under this article, the commissioner shall specify | ||
the types of information the department must collect during the | ||
operation of the pilot program for use in evaluating the outcome of | ||
the pilot program. | ||
(d) The commissioner of the department shall establish a | ||
stakeholder workgroup to participate in developing and | ||
establishing rules for the pilot program. The stakeholder | ||
workgroup must be composed of: | ||
(1) one member who is a sheriff; | ||
(2) one member who represents a local mental health | ||
authority; | ||
(3) one member who is a county commissioner, county | ||
judge, or elected county officer; | ||
(4) one member who is a district attorney or county | ||
attorney with criminal jurisdiction; | ||
(5) one member who is a defense attorney; | ||
(6) one member who is a judge of a district criminal | ||
court or county criminal court; | ||
(7) two members who are mental health advocates; and | ||
(8) any other member the department considers | ||
appropriate to appoint to the stakeholder workgroup. | ||
(e) This subsection and Subsection (d) expire not later than | ||
the 30th day after the date rules are adopted under Subsection (c). | ||
(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; | ||
(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. | ||
(g) A contract under Subsection (b) must require the | ||
designated provider to collect and submit to the department the | ||
information specified by rules adopted under Subsection (c). | ||
(h) The designated provider shall enter into a contract with | ||
the participating county or counties. The contract must require | ||
the participating county or counties to: | ||
(1) ensure the safety of defendants who participate in | ||
the jail-based restoration of competency pilot program; | ||
(2) designate a separate space in the jail for the | ||
provider to conduct the pilot program; | ||
(3) provide the same basic care to the participants as | ||
is provided to other inmates of a jail; and | ||
(4) supply clinically appropriate psychoactive | ||
medications to the mental health service provider for purposes of | ||
administering court-ordered medication to the participants in | ||
accordance with Article 46B.086 of this code and Section 574.106, | ||
Health and Safety Code. | ||
(i) The psychiatrist for the provider shall conduct at least | ||
two full psychiatric evaluations of the defendant during the period | ||
the defendant receives competency restoration services in the jail. | ||
The psychiatrist must conduct one evaluation not later than the | ||
21st day and one evaluation not later than the 55th day after the | ||
date the defendant begins to participate in the pilot program. The | ||
psychiatrist shall submit to the court a report concerning each | ||
evaluation required under this subsection. | ||
(j) If at any time during a defendant's participation in the | ||
jail-based restoration of competency pilot program the | ||
psychiatrist for the provider determines that the defendant has | ||
attained competency to stand trial: | ||
(1) the psychiatrist 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). | ||
(k) If at any time during a defendant's participation in the | ||
jail-based restoration of competency pilot program the | ||
psychiatrist for the provider determines that the defendant's | ||
competency to stand trial is unlikely to be restored in the | ||
foreseeable future: | ||
(1) the psychiatrist 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. | ||
(l) If the psychiatrist for the provider determines that a | ||
defendant ordered to participate in the pilot program has not been | ||
restored to competency by the end of the 60th day after the date the | ||
defendant began to participate in the pilot 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 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. | ||
(m) 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 under the pilot program in the same | ||
manner as those provisions apply to any other defendant who is | ||
subject to proceedings under this chapter. | ||
(n) If the department develops and implements a jail-based | ||
restoration of competency pilot program under this article, not | ||
later than December 1, 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. | ||
(o) This article expires September 1, 2017. | ||
SECTION 3. The change in law made by this Act applies only | ||
to a defendant against whom proceedings have not been initiated | ||
under Chapter 46B, Code of Criminal Procedure, as amended by this | ||
Act, before the effective date of this Act. The determination of | ||
incompetency for a defendant against whom proceedings have been | ||
initiated under Chapter 46B, Code of Criminal Procedure, before the | ||
effective date of this Act is covered by the law in effect when the | ||
proceedings were initiated, and the former law is continued in | ||
effect for that purpose. | ||
SECTION 4. This Act takes effect September 1, 2013. |