Bill Text: TX SB292 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to the creation of grant programs to reduce recidivism, arrest, and incarceration of individuals with mental illness.
Spectrum: Slight Partisan Bill (Democrat 8-5)
Status: (Passed) 2017-06-09 - Effective on 9/1/17 [SB292 Detail]
Download: Texas-2017-SB292-Enrolled.html
S.B. No. 292 |
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relating to the creation of grant programs to reduce recidivism, | ||
arrest, and incarceration of individuals with mental illness. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 531, Government Code, is | ||
amended by adding Section 531.0993 to read as follows: | ||
Sec. 531.0993. GRANT PROGRAM TO REDUCE RECIDIVISM, ARREST, | ||
AND INCARCERATION AMONG INDIVIDUALS WITH MENTAL ILLNESS AND TO | ||
REDUCE WAIT TIME FOR FORENSIC COMMITMENT. (a) The commission | ||
shall establish a program to provide grants to county-based | ||
community collaboratives for the purposes of reducing: | ||
(1) recidivism by, the frequency of arrests of, and | ||
incarceration of persons with mental illness; and | ||
(2) the total waiting time for forensic commitment of | ||
persons with mental illness to a state hospital. | ||
(b) A community collaborative may petition the commission | ||
for a grant under the program only if the collaborative includes a | ||
county, a local mental health authority that operates in the | ||
county, and each hospital district, if any, located in the county. | ||
A community collaborative may include other local entities | ||
designated by the collaborative's members. | ||
(c) The commission shall condition each grant provided to a | ||
community collaborative under this section on the collaborative | ||
providing funds from non-state sources in a total amount at least | ||
equal to: | ||
(1) 50 percent of the grant amount if the | ||
collaborative includes a county with a population of less than | ||
250,000; | ||
(2) 100 percent of the grant amount if the | ||
collaborative includes a county with a population of 250,000 or | ||
more; and | ||
(3) the percentage of the grant amount otherwise | ||
required by this subsection for the largest county included in the | ||
collaborative, if the collaborative includes more than one county. | ||
(c-1) To raise the required non-state sourced funds, a | ||
collaborative may seek and receive gifts, grants, or donations from | ||
any person. | ||
(c-2) Beginning on or after September 1, 2018, from money | ||
appropriated to the commission for each fiscal year to implement | ||
this section, the commission shall reserve at least 20 percent of | ||
that total to be awarded only as grants to a community collaborative | ||
that includes a county with a population of less than 250,000. | ||
(d) For each state fiscal year for which a community | ||
collaborative seeks a grant, the collaborative must submit a | ||
petition to the commission not later than the 30th day of that | ||
fiscal year. The community collaborative must include with a | ||
petition: | ||
(1) a statement indicating the amount of funds from | ||
non-state sources the collaborative is able to provide; and | ||
(2) a plan that: | ||
(A) is endorsed by each of the collaborative's | ||
member entities; | ||
(B) identifies a target population; | ||
(C) describes how the grant money and funds from | ||
non-state sources will be used; | ||
(D) includes outcome measures to evaluate the | ||
success of the plan; and | ||
(E) describes how the success of the plan in | ||
accordance with the outcome measures would further the state's | ||
interest in the grant program's purposes. | ||
(e) The commission must review plans submitted with a | ||
petition under Subsection (d) before the commission provides a | ||
grant under this section. The commission must fulfill the | ||
commission's requirements under this subsection not later than the | ||
60th day of each fiscal year. | ||
(f) Acceptable uses for the grant money and matching funds | ||
include: | ||
(1) the continuation of a mental health jail diversion | ||
program; | ||
(2) the establishment or expansion of a mental health | ||
jail diversion program; | ||
(3) the establishment of alternatives to competency | ||
restoration in a state hospital, including outpatient competency | ||
restoration, inpatient competency restoration in a setting other | ||
than a state hospital, or jail-based competency restoration; | ||
(4) the provision of assertive community treatment or | ||
forensic assertive community treatment with an outreach component; | ||
(5) the provision of intensive mental health services | ||
and substance abuse treatment not readily available in the county; | ||
(6) the provision of continuity of care services for | ||
an individual being released from a state hospital; | ||
(7) the establishment of interdisciplinary rapid | ||
response teams to reduce law enforcement's involvement with mental | ||
health emergencies; and | ||
(8) the provision of local community hospital, crisis, | ||
respite, or residential beds. | ||
(f-1) Beginning on or after September 1, 2018, to the extent | ||
money appropriated to the commission for a fiscal year to implement | ||
this section remains available to the commission after the | ||
commission selects grant recipients for the fiscal year, the | ||
commission shall make grants available using the money remaining | ||
for the fiscal year through a competitive request for proposal | ||
process, without regard to the limitation provided by Subsection | ||
(c-2). | ||
(g) Not later than the 90th day after the last day of the | ||
state fiscal year for which the commission distributes a grant | ||
under this section, each community collaborative that receives a | ||
grant shall prepare and submit a report describing the effect of the | ||
grant money and matching funds in achieving the standard defined by | ||
the outcome measures in the plan submitted under Subsection (d). | ||
(h) The commission may make inspections of the operation and | ||
provision of mental health services provided by a community | ||
collaborative to ensure state money appropriated for the grant | ||
program is used effectively. | ||
(i) The commission may not award a grant under this section | ||
for a fiscal year to a community collaborative that includes a | ||
county with a population greater than four million if the | ||
legislature appropriates money for a mental health jail diversion | ||
program in the county for that fiscal year. | ||
(j) Notwithstanding any other provision in this section, | ||
the commission may award a grant under this section for the state | ||
fiscal year beginning on September 1, 2017, only to a community | ||
collaborative that includes a county with a population of 250,000 | ||
or more. This subsection expires on August 31, 2018. | ||
SECTION 2. Subchapter B, Chapter 531, Government Code, is | ||
amended by adding Section 531.09935 to read as follows: | ||
Sec. 531.09935. GRANT PROGRAM TO REDUCE RECIDIVISM, ARREST, | ||
AND INCARCERATION AMONG INDIVIDUALS WITH MENTAL ILLNESS AND TO | ||
REDUCE WAIT TIME FOR FORENSIC COMMITMENT IN MOST POPULOUS COUNTY. | ||
(a) The commission shall establish a program to provide a grant to | ||
a county-based community collaborative in the most populous county | ||
in this state for the purposes of reducing: | ||
(1) recidivism by, the frequency of arrests of, and | ||
incarceration of persons with mental illness; and | ||
(2) the total waiting time for forensic commitment of | ||
persons with mental illness to a state hospital. | ||
(b) The community collaborative may receive a grant under | ||
the program only if the collaborative includes the county, a local | ||
mental health authority that operates in the county, and each | ||
hospital district located in the county. A community collaborative | ||
may include other local entities designated by the collaborative's | ||
members. | ||
(c) Not later than the 30th day of each fiscal year, the | ||
commission shall make available to the community collaborative | ||
established in the county described by Subsection (a) a grant in an | ||
amount equal to the lesser of: | ||
(1) the amount appropriated to the commission for that | ||
fiscal year for a mental health jail diversion pilot program in that | ||
county; or | ||
(2) the collaborative's available matching funds. | ||
(d) The commission shall condition a grant provided to the | ||
community collaborative under this section on the collaborative | ||
providing funds from non-state sources in a total amount at least | ||
equal to the grant amount. | ||
(e) To raise the required non-state sourced funds, the | ||
collaborative may seek and receive gifts, grants, or donations from | ||
any person. | ||
(f) Acceptable uses for the grant money and matching funds | ||
include: | ||
(1) the continuation of a mental health jail diversion | ||
program; | ||
(2) the establishment or expansion of a mental health | ||
jail diversion program; | ||
(3) the establishment of alternatives to competency | ||
restoration in a state hospital, including outpatient competency | ||
restoration, inpatient competency restoration in a setting other | ||
than a state hospital, or jail-based competency restoration; | ||
(4) the provision of assertive community treatment or | ||
forensic assertive community treatment with an outreach component; | ||
(5) the provision of intensive mental health services | ||
and substance abuse treatment not readily available in the county; | ||
(6) the provision of continuity of care services for | ||
an individual being released from a state hospital; | ||
(7) the establishment of interdisciplinary rapid | ||
response teams to reduce law enforcement's involvement with mental | ||
health emergencies; and | ||
(8) the provision of local community hospital, crisis, | ||
respite, or residential beds. | ||
(g) Not later than the 90th day after the last day of the | ||
state fiscal year for which the commission distributes a grant | ||
under this section, the community collaborative shall prepare and | ||
submit a report describing the effect of the grant money and | ||
matching funds in fulfilling the purpose described by Subsection | ||
(a). | ||
(h) The commission may make inspections of the operation and | ||
provision of mental health services provided by the community | ||
collaborative to ensure state money appropriated for the grant | ||
program is used effectively. | ||
SECTION 3. This Act takes effect September 1, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 292 passed the Senate on | ||
April 20, 2017, by the following vote: Yeas 31, Nays 0; and that | ||
the Senate concurred in House amendments on May 25, 2017, by the | ||
following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 292 passed the House, with | ||
amendments, on May 23, 2017, by the following vote: Yeas 138, | ||
Nays 5, one present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |