Bill Text: TX SB362 | 2019-2020 | 86th Legislature | Enrolled

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Bill Title: Relating to court-ordered mental health services.

Sponsorship: Bipartisan Bill

Status: (Passed) 2019-06-10 - Effective on 9/1/19 [SB362 Detail]

Download: Texas-2019-SB362-Enrolled.html

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S.B. No. 362

AN ACT
relating to court-ordered mental health services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 137.008(a), Civil Practice and Remedies
Code, is amended to read as follows:
(a) A physician or other health care provider may subject
the principal to mental health treatment in a manner contrary to the
principal's wishes as expressed in a declaration for mental health
treatment only:
(1) if the principal is under an order for temporary or
extended mental health services under Section 574.034, 574.0345,
[or] 574.035, or 574.0355, Health and Safety Code, and treatment is
authorized in compliance with Section 574.106, Health and Safety
Code; or
(2) in case of an emergency when the principal's
instructions have not been effective in reducing the severity of
the behavior that has caused the emergency.
SECTION 2. Article 16.22, Code of Criminal Procedure, is
amended by amending Subsection (c) and adding Subsections (c-1),
(c-2), and (c-3) to read as follows:
(c) After the trial court receives the applicable expert's
written assessment relating to the defendant under Subsection (b-1)
or elects to use the results of a previous determination as
described by Subsection (a)(2), the trial court may, as applicable:
(1) resume criminal proceedings against the
defendant, including any appropriate proceedings related to the
defendant's release on personal bond under Article 17.032 if the
defendant is being held in custody;
(2) resume or initiate competency proceedings, if
required, as provided by Chapter 46B [or other proceedings
affecting the defendant's receipt of appropriate court-ordered
mental health or intellectual disability services, including
proceedings related to the defendant's receipt of outpatient mental
health services under Section 574.034, Health and Safety Code];
(3) consider the written assessment during the
punishment phase after a conviction of the offense for which the
defendant was arrested, as part of a presentence investigation
report, or in connection with the impositions of conditions
following placement on community supervision, including deferred
adjudication community supervision; [or]
(4) refer the defendant to an appropriate specialty
court established or operated under Subtitle K, Title 2, Government
Code; or
(5) if the offense charged does not involve an act,
attempt, or threat of serious bodily injury to another person,
release the defendant on bail while charges against the defendant
remain pending and enter an order transferring the defendant to the
appropriate court for court-ordered outpatient mental health
services under Chapter 574, Health and Safety Code.
(c-1) If an order is entered under Subsection (c)(5), an
attorney representing the state shall file the application for
court-ordered outpatient services under Chapter 574, Health and
Safety Code.
(c-2) On the motion of an attorney representing the state,
if the court determines the defendant has complied with appropriate
court-ordered outpatient treatment, the court may dismiss the
charges pending against the defendant and discharge the defendant.
(c-3) On the motion of an attorney representing the state,
if the court determines the defendant has failed to comply with
appropriate court-ordered outpatient treatment, the court shall
proceed under this chapter or with the trial of the offense.
SECTION 3. Section 55.13(d), Family Code, is amended to
read as follows:
(d) After conducting a hearing on an application under this
section, the juvenile court shall:
(1) if the criteria under Section 574.034 or 574.0345,
Health and Safety Code, are satisfied, order temporary mental
health services for the child; or
(2) if the criteria under Section 574.035 or 574.0355,
Health and Safety Code, are satisfied, order extended mental health
services for the child.
SECTION 4. Section 55.38(b), Family Code, is amended to
read as follows:
(b) After conducting a hearing under Subsection (a)(2), the
juvenile court shall:
(1) if the criteria under Section 574.034 or 574.0345,
Health and Safety Code, are satisfied, order temporary mental
health services; or
(2) if the criteria under Section 574.035 or 574.0355,
Health and Safety Code, are satisfied, order extended mental health
services.
SECTION 5. Section 55.57(b), Family Code, is amended to
read as follows:
(b) After conducting a hearing under Subsection (a)(2), the
juvenile court shall:
(1) if the criteria under Section 574.034 or 574.0345,
Health and Safety Code, are satisfied, order temporary mental
health services; or
(2) if the criteria under Section 574.035 or 574.0355,
Health and Safety Code, are satisfied, order extended mental health
services.
SECTION 6. Subchapter B, Chapter 22, Government Code, is
amended by adding Section 22.1106 to read as follows:
Sec. 22.1106. JUDICIAL INSTRUCTION RELATED TO
COURT-ORDERED OUTPATIENT MENTAL HEALTH SERVICES. The court of
criminal appeals shall ensure that judicial training related to
court-ordered outpatient mental health services is provided at
least once every year. The instruction may be provided at the
annual Judicial Education Conference.
SECTION 7. Section 501.057(b), Government Code, is amended
to read as follows:
(b) Not later than the 30th day before the initial parole
eligibility date of an inmate identified as mentally ill, an
institutional division psychiatrist shall examine the inmate. The
psychiatrist shall file a sworn application for court-ordered
temporary mental health services under Chapter 574, Health and
Safety Code, if the psychiatrist determines that the inmate is
mentally ill and as a result of the illness the inmate meets at
least one of the criteria listed in Section 574.034 or 574.0345,
Health and Safety Code.
SECTION 8. Section 574.002(c), Health and Safety Code, is
amended to read as follows:
(c) Any application must contain the following information
according to the applicant's information and belief:
(1) the proposed patient's name and address;
(2) the proposed patient's county of residence in this
state;
(3) a statement that the proposed patient is a person
with mental illness and meets the criteria in Section 574.034,
574.0345, [or] 574.035, or 574.0355 for court-ordered mental health
services; and
(4) whether the proposed patient is charged with a
criminal offense.
SECTION 9. Section 574.031, Health and Safety Code, is
amended by adding Subsections (d-1) and (d-2) to read as follows:
(d-1) In a hearing for temporary inpatient or outpatient
mental health services under Section 574.034 or 574.0345, the
proposed patient or the proposed patient's attorney, by a written
document filed with the court, may waive the right to cross-examine
witnesses, and, if that right is waived, the court may admit, as
evidence, the certificates of medical examination for mental
illness. The certificates admitted under this subsection
constitute competent medical or psychiatric testimony, and the
court may make its findings solely from the certificates. If the
proposed patient or the proposed patient's attorney does not waive
in writing the right to cross-examine witnesses, the court shall
proceed to hear testimony. The testimony must include competent
medical or psychiatric testimony.
(d-2) In a hearing for extended inpatient or outpatient
mental health services under Section 574.035 or 574.0355, the court
may not make its findings solely from the certificates of medical
examination for mental illness but shall hear testimony. The court
may not enter an order for extended mental health services unless
appropriate findings are made and are supported by testimony taken
at the hearing. The testimony must include competent medical or
psychiatric testimony.
SECTION 10. The heading to Section 574.034, Health and
Safety Code, is amended to read as follows:
Sec. 574.034. ORDER FOR TEMPORARY INPATIENT MENTAL HEALTH
SERVICES.
SECTION 11. Sections 574.034(g) and (h), Health and Safety
Code, are amended to read as follows:
(g) An order for temporary inpatient [or outpatient] mental
health services shall provide for a period of treatment not to
exceed [state that treatment is authorized for not longer than] 45
days, except that the order may specify a period not to exceed 90
days if the judge finds that the longer period is necessary.
(h) A judge may not issue an order for temporary inpatient
[or outpatient] mental health services for a proposed patient who
is charged with a criminal offense that involves an act, attempt, or
threat of serious bodily injury to another person.
SECTION 12. Subchapter C, Chapter 574, Health and Safety
Code, is amended by adding Section 574.0345 to read as follows:
Sec. 574.0345. ORDER FOR TEMPORARY OUTPATIENT MENTAL HEALTH
SERVICES. (a) The judge may order a proposed patient to receive
court-ordered temporary outpatient mental health services only if:
(1) the judge finds that appropriate mental health
services are available to the proposed patient; and
(2) the judge or jury finds, from clear and convincing
evidence, that:
(A) the proposed patient is a person with severe
and persistent mental illness;
(B) as a result of the mental illness, the
proposed patient will, if not treated, experience deterioration of
the ability to function independently to the extent that the
proposed patient will be unable to live safely in the community
without court-ordered outpatient mental health services;
(C) outpatient mental health services are needed
to prevent a relapse that would likely result in serious harm to the
proposed patient or others; and
(D) the proposed patient has an inability to
participate in outpatient treatment services effectively and
voluntarily, demonstrated by:
(i) any of the proposed patient's actions
occurring within the two-year period that immediately precedes the
hearing; or
(ii) specific characteristics of the
proposed patient's clinical condition that significantly impair
the proposed patient's ability to make a rational and informed
decision whether to submit to voluntary outpatient treatment.
(b) To be clear and convincing under Subsection (a)(2), the
evidence must include expert testimony and evidence of a recent
overt act or a continuing pattern of behavior that tends to confirm:
(1) the deterioration of ability to function
independently to the extent that the proposed patient will be
unable to live safely in the community;
(2) the need for outpatient mental health services to
prevent a relapse that would likely result in serious harm to the
proposed patient or others; and
(3) the proposed patient's inability to participate in
outpatient treatment services effectively and voluntarily.
(c) An order for temporary outpatient mental health
services shall state that treatment is authorized for not longer
than 45 days, except that the order may specify a period not to
exceed 90 days if the judge finds that the longer period is
necessary.
(d) A judge may not issue an order for temporary outpatient
mental health services for a proposed patient who is charged with a
criminal offense that involves an act, attempt, or threat of
serious bodily injury to another person.
SECTION 13. The heading to Section 574.035, Health and
Safety Code, is amended to read as follows:
Sec. 574.035. ORDER FOR EXTENDED INPATIENT MENTAL HEALTH
SERVICES.
SECTION 14. Sections 574.035(d), (h), and (i), Health and
Safety Code, are amended to read as follows:
(d) The jury or judge is not required to make the finding
under Subsection (a)(4) [or (b)(2)(F)] if the proposed patient has
already been subject to an order for extended mental health
services.
(h) An order for extended inpatient [or outpatient] mental
health services must provide for a period of treatment not to exceed
[shall state that treatment is authorized for not longer than] 12
months. [The order may not specify a shorter period.]
(i) A judge may not issue an order for extended inpatient
[or outpatient] mental health services for a proposed patient who
is charged with a criminal offense that involves an act, attempt, or
threat of serious bodily injury to another person.
SECTION 15. Subchapter C, Chapter 574, Health and Safety
Code, is amended by adding Section 574.0355 to read as follows:
Sec. 574.0355. ORDER FOR EXTENDED OUTPATIENT MENTAL HEALTH
SERVICES. (a) The judge may order a proposed patient to receive
court-ordered extended outpatient mental health services only if:
(1) the judge finds that appropriate mental health
services are available to the proposed patient; and
(2) the judge or jury finds, from clear and convincing
evidence, that:
(A) the proposed patient is a person with severe
and persistent mental illness;
(B) as a result of the mental illness, the
proposed patient will, if not treated, experience deterioration of
the ability to function independently to the extent that the
proposed patient will be unable to live safely in the community
without court-ordered outpatient mental health services;
(C) outpatient mental health services are needed
to prevent a relapse that would likely result in serious harm to the
proposed patient or others;
(D) the proposed patient has an inability to
participate in outpatient treatment services effectively and
voluntarily, demonstrated by:
(i) any of the proposed patient's actions
occurring within the two-year period that immediately precedes the
hearing; or
(ii) specific characteristics of the
proposed patient's clinical condition that significantly impair
the proposed patient's ability to make a rational and informed
decision whether to submit to voluntary outpatient treatment;
(E) the proposed patient's condition is expected
to continue for more than 90 days; and
(F) the proposed patient has received:
(i) court-ordered inpatient mental health
services under this subtitle or under Subchapter D or E, Chapter
46B, Code of Criminal Procedure, for a total of at least 60 days
during the preceding 12 months; or
(ii) court-ordered outpatient mental
health services under this subtitle or under Subchapter D or E,
Chapter 46B, Code of Criminal Procedure, during the preceding 60
days.
(b) The jury or judge is not required to make the finding
under Subsection (a)(2)(F) if the proposed patient has already been
subject to an order for extended mental health services.
(c) To be clear and convincing under Subsection (a)(2), the
evidence must include expert testimony and evidence of a recent
overt act or a continuing pattern of behavior that tends to confirm:
(1) the deterioration of the ability to function
independently to the extent that the proposed patient will be
unable to live safely in the community;
(2) the need for outpatient mental health services to
prevent a relapse that would likely result in serious harm to the
proposed patient or others; and
(3) the proposed patient's inability to participate in
outpatient treatment services effectively and voluntarily.
(d) An order for extended outpatient mental health services
must provide for a period of treatment not to exceed 12 months.
(e) A judge may not issue an order for extended outpatient
mental health services for a proposed patient who is charged with a
criminal offense that involves an act, attempt, or threat of
serious bodily injury to another person.
SECTION 16. Section 574.036(e), Health and Safety Code, is
amended to read as follows:
(e) The judge may enter an order:
(1) committing the person to a mental health facility
for inpatient care if the trier of fact finds that the person meets
the commitment criteria prescribed by Section 574.034(a) or
574.035(a); or
(2) committing the person to outpatient mental health
services if the trier of fact finds that the person meets the
commitment criteria prescribed by Section 574.0345(a) [574.034(b)]
or 574.0355(a) [574.035(b)].
SECTION 17. Sections 574.037(a), (b-2), and (c-2), Health
and Safety Code, are amended to read as follows:
(a) The court, in an order that directs a patient to
participate in outpatient mental health services, shall designate
the person identified under Section 574.0125 as responsible for
those services or may designate a different person if necessary.
The person designated must be the facility administrator or an
individual involved in providing court-ordered outpatient
services. A person may not be designated as responsible for the
ordered services without the person's consent unless the person is
the facility administrator of a department facility or the facility
administrator of a community center that provides mental health
services:
(1) in the region in which the committing court is
located; or
(2) in a county where a patient has previously
received mental health services.
(b-2) The person responsible for the services shall submit
the program to the court before the hearing under Section 574.0345
or 574.0355 [574.034 or 574.035] or before the court modifies an
order under Section 574.061, as appropriate.
(c-2) A court may[, on its own motion,] set a status
conference in accordance with Section 574.0665 [with the person
responsible for the services, the patient, and the patient's
attorney].
SECTION 18. Sections 574.061(a), (b), (c), (d), (e), and
(h), Health and Safety Code, are amended to read as follows:
(a) The facility administrator of a facility to which a
patient is committed for inpatient mental health services, not
later than the 30th day after the date the patient is committed to
the facility, shall assess the appropriateness of transferring the
patient to outpatient mental health services. The facility
administrator may recommend that [may request] the court that
entered the commitment order [to] modify the order to require the
patient to participate in outpatient mental health services.
(b) A [The] facility administrator's recommendation under
Subsection (a) [request] must explain in detail the reason for the
recommendation [request]. The recommendation [request] must be
accompanied by a supporting certificate of medical examination for
mental illness signed by a physician who examined the patient
during the seven days preceding the recommendation [request].
(c) The patient shall be given notice of a facility
administrator's recommendation under Subsection (a) [the request].
(d) On request of the patient or any other interested
person, the court shall hold a hearing on a facility
administrator's recommendation that the court modify the
commitment order [the request]. The court shall appoint an
attorney to represent the patient at the hearing and shall consult
with the local mental health authority before issuing a decision.
The hearing shall be held before the court without a jury and as
prescribed by Section 574.031. The patient shall be represented by
an attorney and receive proper notice.
(e) If a hearing is not requested, the court may make a [the]
decision regarding a facility administrator's recommendation based
on:
(1) [solely from] the recommendation;
(2) [request and] the supporting certificate; and
(3) consultation with the local mental health
authority concerning available resources to treat the patient.
(h) A modified order may [not] extend beyond the term of the
original order, but may not exceed the term of the original order by
more than 60 days.
SECTION 19. Subchapter E, Chapter 574, Health and Safety
Code, is amended by adding Section 574.0665 to read as follows:
Sec. 574.0665. STATUS CONFERENCE. A court on its own motion
may set a status conference with the patient, the patient's
attorney, and the person designated to be responsible for the
patient's court-ordered outpatient services under Section 574.037.
SECTION 20. Section 574.069(e), Health and Safety Code, is
amended to read as follows:
(e) The court shall dismiss the request if the court finds
from clear and convincing evidence that the patient continues to
meet the criteria for court-ordered extended mental health services
prescribed by Section 574.035 or 574.0355.
SECTION 21. Section 574.081, Health and Safety Code, is
amended by amending Subsections (b) and (c) and adding Subsections
(a-1), (c-1), and (c-2) to read as follows:
(a-1) Subject to available resources, Subsections (a), (b),
(c), (c-1), and (c-2) apply to a patient scheduled to be furloughed
or discharged from:
(1) a state hospital; or
(2) any psychiatric inpatient bed funded under a
contract with the Health and Human Services Commission or operated
by or funded under a contract with a local mental health authority
or a behavioral mental health authority.
(b) The physician shall prepare the plan as prescribed by
Health and Human Services Commission [department] rules and shall
consult the patient and the local mental health authority in the
area in which the patient will reside before preparing the plan.
The local mental health authority shall be informed of and must
participate in planning the discharge of a patient [is not required
to participate in preparing a plan for a patient furloughed or
discharged from a private mental health facility].
(c) The plan must address the patient's mental health and
physical needs, including, if appropriate:
(1) the need for outpatient mental health services
following furlough or discharge; and
(2) the need for sufficient psychoactive medication on
furlough or discharge to last until the patient can see a
physician[; and
[(2) the person or entity that is responsible for
providing and paying for the medication].
(c-1) Except as otherwise specified in the plan and subject
to available funding provided to the Health and Human Services
Commission and paid to a private mental health facility for this
purpose, a private mental health facility is responsible for
providing or paying for psychoactive medication and any other
medication prescribed to the patient to counteract adverse side
effects of psychoactive medication on furlough or discharge
sufficient to last until the patient can see a physician.
(c-2) The Health and Human Services Commission shall adopt
rules to determine the quantity and manner of providing
psychoactive medication, as required by this section. The
executive commissioner may not adopt rules requiring a mental
health facility to provide or pay for psychoactive medication for
more than seven days after furlough or discharge.
SECTION 22. Sections 574.104(a), (b), and (d), Health and
Safety Code, are amended to read as follows:
(a) A physician who is treating a patient may, on behalf of
the state, file an application in a probate court or a court with
probate jurisdiction for an order to authorize the administration
of a psychoactive medication regardless of the patient's refusal
if:
(1) the physician believes that the patient lacks the
capacity to make a decision regarding the administration of the
psychoactive medication;
(2) the physician determines that the medication is
the proper course of treatment for the patient;
(3) the patient is under an order for inpatient mental
health services under this chapter or other law or an application
for court-ordered mental health services under Section 574.034,
574.0345, [or] 574.035, or 574.0355 has been filed for the patient;
and
(4) the patient, verbally or by other indication,
refuses to take the medication voluntarily.
(b) An application filed under this section must state:
(1) that the physician believes that the patient lacks
the capacity to make a decision regarding administration of the
psychoactive medication and the reasons for that belief;
(2) each medication the physician wants the court to
compel the patient to take;
(3) whether an application for court-ordered mental
health services under Section 574.034, 574.0345, [or] 574.035, or
574.0355 has been filed;
(4) whether a court order for inpatient mental health
services for the patient has been issued and, if so, under what
authority it was issued;
(5) the physician's diagnosis of the patient; and
(6) the proposed method for administering the
medication and, if the method is not customary, an explanation
justifying the departure from the customary methods.
(d) The hearing on the application may be held on the date of
a hearing on an application for court-ordered mental health
services under Section 574.034, 574.0345, [or] 574.035, or 574.0355
but shall be held not later than 30 days after the filing of the
application for the order to authorize psychoactive medication. If
the hearing is not held on the same day as the application for
court-ordered mental health services under those sections [Section
574.034 or 574.035] and the patient is transferred to a mental
health facility in another county, the court may transfer the
application for an order to authorize psychoactive medication to
the county where the patient has been transferred.
SECTION 23. Section 574.151, Health and Safety Code, is
amended to read as follows:
Sec. 574.151. APPLICABILITY. This subchapter applies only
to a person for whom a motion for court-ordered mental health
services is filed under Section 574.001, for whom a final order on
that motion has not been entered under Section 574.034, 574.0345,
[or] 574.035, or 574.0355 and who requests voluntary admission to
an inpatient mental health facility:
(1) while the person is receiving at that facility
involuntary inpatient services under Subchapter B or under Chapter
573; or
(2) before the 31st day after the date the person was
released from that facility under Section 573.023 or 574.028.
SECTION 24. Section 152.00164(b), Human Resources Code, is
amended to read as follows:
(b) Before a child who is identified as having a mental
illness is discharged from the custody of the juvenile board or
local juvenile probation department under Section 152.00163(b),
the juvenile board or local juvenile probation department shall
arrange for a psychiatrist to examine the child. The juvenile board
or local juvenile probation department shall refer a child
requiring outpatient psychiatric treatment to the appropriate
mental health authority. For a child requiring inpatient
psychiatric treatment, the juvenile board or local juvenile
probation department shall file a sworn application for
court-ordered mental health services, as provided in Subchapter C,
Chapter 574, Health and Safety Code, if:
(1) the child is not receiving court-ordered mental
health services; and
(2) the psychiatrist who examined the child determines
that the child has a mental illness and the child meets at least one
of the criteria listed in Section 574.034 or 574.0345, Health and
Safety Code.
SECTION 25. Section 244.012(b), Human Resources Code, is
amended to read as follows:
(b) Before a child who is identified as mentally ill is
discharged from the department's custody under Section 244.011(b),
a department psychiatrist shall examine the child. The department
shall refer a child requiring outpatient psychiatric treatment to
the appropriate mental health authority. For a child requiring
inpatient psychiatric treatment, the department shall file a sworn
application for court-ordered mental health services, as provided
in Subchapter C, Chapter 574, Health and Safety Code, if:
(1) the child is not receiving court-ordered mental
health services; and
(2) the psychiatrist who examined the child determines
that the child is mentally ill and the child meets at least one of
the criteria listed in Section 574.034 or 574.0345, Health and
Safety Code.
SECTION 26. The Supreme Court shall:
(1) adopt rules to streamline and promote the
efficiency of court processes under Chapter 573, Health and Safety
Code; and
(2) adopt rules or implement other measures to create
consistency and increase access to the judicial branch for mental
health issues.
SECTION 27. The following provisions of the Health and
Safety Code are repealed:
(1) Sections 574.034(b), (e), and (f); and
(2) Sections 574.035(b), (f), and (g).
SECTION 28. The Health and Human Services Commission is
required to implement a provision of this Act only if the
legislature appropriates money specifically for that purpose. If
the legislature does not appropriate money specifically for that
purpose, the Health and Human Services Commission may, but is not
required to, implement a provision of this Act using other
appropriations available for that purpose.
SECTION 29. The changes in law made by this Act to Chapter
574, Health and Safety Code, apply to a commitment proceeding under
that chapter that occurs on or after the effective date of this Act,
regardless of whether conduct of a proposed patient being evaluated
for that purpose occurred before, on, or after the effective date of
this Act.
SECTION 30. The changes in law made by this Act to Article
16.22, Code of Criminal Procedure, and Chapter 574, Health and
Safety Code, apply to a proceeding for court-ordered mental health
services that occurs on or after the effective date of this Act,
regardless of when an offense with which the defendant is charged
was committed.
SECTION 31. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 362 passed the Senate on
April 11, 2019, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 21, 2019, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 362 passed the House, with
amendment, on May 15, 2019, by the following vote: Yeas 141,
Nays 4, three present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor