85R12410 LHC-F
	By: Garcia	S.B. No. 1583

	A BILL TO BE ENTITLED
	AN ACT
	relating to the commitment of a defendant who is found incompetent
	to stand trial and who is a person with an intellectual disability.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Article 46B.073(c), Code of Criminal Procedure,
	is amended to read as follows:
	(c)  If the defendant is charged with an offense listed in
	Article 17.032(a), other than an offense 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:
	(1)  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, if the defendant is a person with
	mental illness; or
	(2)  to a forensic state supported living center
	designated under Section 555.002(a), Health and Safety Code, if the
	defendant is a person with an intellectual disability.
	SECTION 2.  Article 46B.104, Code of Criminal Procedure, is
	amended to read as follows:
	Art. 46B.104.  CIVIL COMMITMENT PLACEMENT: FINDING OF
	VIOLENCE. (a) A defendant who is a person with mental illness and
	who is committed to a facility as a result of proceedings initiated
	under this chapter shall be committed to the maximum security unit
	of any facility designated by the Department of State Health
	Services if:
	(1)  the defendant is charged with an offense listed in
	Article 17.032(a), other than an offense listed in Article
	17.032(a)(6); or
	(2)  the indictment charging the offense alleges an
	affirmative finding under Article 42A.054(c) or (d).
	(b)  A defendant who is a person with an intellectual
	disability and who is committed to a facility as a result of
	proceedings initiated under this chapter shall be committed to a
	forensic state supported living center designated under Section
	555.002(a), Health and Safety Code, if:
	(1)  the defendant is charged with an offense listed in
	Article 17.032(a), other than an offense listed in Article
	17.032(a)(6); or
	(2)  the indictment charging the offense alleges an
	affirmative finding under Article 42A.054(c) or (d).
	SECTION 3.  The heading to Article 46B.105, Code of Criminal
	Procedure, is amended to read as follows:
	Art. 46B.105.  TRANSFER FOLLOWING CIVIL COMMITMENT
	PLACEMENT: MENTAL ILLNESS.
	SECTION 4.  Articles 46B.105(a), (b), and (d), Code of
	Criminal Procedure, are amended to read as follows:
	(a)  Unless a defendant who is a person with mental illness
	is determined to be manifestly dangerous by a review board
	established under Subsection (b), not later than the 60th day after
	the date the defendant arrives at the maximum security unit, the
	defendant shall be transferred to:
	(1)  a unit of an inpatient mental health facility
	other than a maximum security unit; or
	(2)  [a residential care facility; or
	[(3)]  a program designated by a local mental health
	authority [or a local intellectual and developmental disability
	authority].
	(b)  The commissioner of state health services shall appoint
	a review board of five members, including one psychiatrist licensed
	to practice medicine in this state and two persons who work directly
	with persons with mental illness [or an intellectual disability],
	to determine whether the defendant is manifestly dangerous and
	whether, as a result of the danger the defendant presents, the
	defendant requires continued placement in a maximum security unit.
	(d)  A finding that the defendant is not manifestly dangerous
	is not a medical determination that the defendant no longer meets
	the criteria for involuntary civil commitment under Subtitle C [or
	D], Title 7, Health and Safety Code.
	SECTION 5.  Subchapter E, Chapter 46B, Code of Criminal
	Procedure, is amended by adding Article 46B.1055 to read as
	follows:
	Art. 46B.1055.  TRANSFER FOLLOWING CIVIL COMMITMENT
	PLACEMENT: INTELLECTUAL DISABILITY. (a) Unless a defendant who is
	a person with an intellectual disability is determined to be a
	high-risk alleged offender under Section 555.003, Health and Safety
	Code, not later than the 30th day after the date the defendant
	arrives at the forensic state supported living center designated
	under Section 555.002(a) of that code, the defendant shall be
	transferred to:
	(1)  a unit of a state supported living center other
	than a forensic state supported living center; or
	(2)  a program designated by a local intellectual and
	developmental disability authority.
	(b)  In accordance with Section 555.003, Health and Safety
	Code, the defendant's interdisciplinary team shall determine
	whether the defendant is a high-risk alleged offender and whether,
	as a result of the danger the defendant presents, the defendant
	requires continued placement in a forensic state supported living
	center.
	(c)  A finding that the defendant is not a high-risk alleged
	offender is not a medical determination that the defendant no
	longer meets the criteria for involuntary civil commitment under
	Subtitle D, Title 7, Health and Safety Code.
	SECTION 6.  The change in law made by this Act applies only
	to a proceeding under Chapter 46B, Code of Criminal Procedure, that
	commences on or after the effective date of this Act, regardless of
	when the defendant may have committed the underlying offense for
	which the defendant became subject to the proceeding.
	SECTION 7.  This Act takes effect September 1, 2017.