Bill Text: TX SB432 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to procedures for identifying or releasing on personal bond criminal defendants suspected of having a mental illness or intellectual disability.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-02-14 - Referred to Criminal Justice [SB432 Detail]

Download: Texas-2019-SB432-Introduced.html
  86R1705 LHC-D
 
  By: Zaffirini S.B. No. 432
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to procedures for identifying or releasing on personal
  bond criminal defendants suspected of having a mental illness or
  intellectual disability.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  SECTION 1.  Article 16.22(a), Code of Criminal Procedure, as
  amended by Chapters 748 (S.B. 1326) and 950 (S.B. 1849), Acts of the
  85th Legislature, Regular Session, 2017, is reenacted and amended
  to read as follows:
         (a)(1)  Not later than 12 hours after the sheriff or
  municipal jailer having custody of a defendant for an offense
  punishable as a Class B misdemeanor or any higher category of
  offense receives credible information that may establish
  reasonable cause to believe that the defendant has a mental illness
  or is a person with an intellectual disability, the sheriff or
  municipal jailer shall provide written or electronic notice to the
  magistrate. The notice must include any information related to the
  sheriff's or municipal jailer's determination, such as information
  regarding the defendant's behavior immediately before, during, and
  after the defendant's arrest and, if applicable, the results of any
  previous assessment of the defendant. On a determination that
  there is reasonable cause to believe that the defendant has a mental
  illness or is a person with an intellectual disability, the
  magistrate, except as provided by Subdivision (2), shall order the
  local mental health authority, local intellectual and
  developmental disability authority, or another qualified mental
  health or intellectual disability expert to:
                     (A)  interview the defendant and otherwise 
  collect information regarding whether the defendant has a mental
  illness as defined by Section 571.003, Health and Safety Code, or is
  a person with an intellectual disability as defined by Section
  591.003, Health and Safety Code, including, if applicable,
  information obtained from any previous assessment of the defendant
  and information regarding any previously recommended treatment or
  service; and
                     (B)  provide to the magistrate a written report 
  [assessment] of the interview and other information collected under
  Paragraph (A) on the form approved by the Texas Correctional Office
  on Offenders with Medical or Mental Impairments under Section
  614.0032(c) [614.0032(b)], Health and Safety Code.
               (2)  The magistrate is not required to order the
  interview and collection of other information under Subdivision (1)
  if the defendant in the year preceding the defendant's applicable
  date of arrest has been determined to have a mental illness or to be
  a person with an intellectual disability by the local mental health
  authority, local intellectual and developmental disability
  authority, or another mental health or intellectual disability
  expert described by Subdivision (1). A court that elects to use the
  results of that previous determination may proceed under Subsection
  (c).
               (3)  If the defendant fails or refuses to submit to the
  interview and collection of other information regarding the
  defendant as required under Subdivision (1), the magistrate may
  order the defendant to submit to an examination in a jail or in
  another place determined to be appropriate by the local mental
  health authority or local intellectual and developmental
  disability authority for a reasonable period not to exceed 72
  hours. If applicable, the county in which the committing court is
  located shall reimburse the local mental health authority or local
  intellectual and developmental disability authority for the
  mileage and per diem expenses of the personnel required to
  transport the defendant, calculated in accordance with the state
  travel regulations in effect at the time.
         SECTION 2.  Article 16.22, Code of Criminal Procedure, is
  amended by amending Subsections (b), (b-1), (c), (d), and (e) and
  adding Subsection (f) to read as follows:
         (b)  Except as otherwise permitted by the magistrate for good
  cause shown, a written report [assessment] of the interview and
  other information collected under Subsection (a)(1)(A) shall be
  provided to the magistrate:
               (1)  for a defendant held in custody, not later than 96
  hours after the time an order was issued under Subsection (a); or
               (2)  for a defendant released from custody, not later
  than the 30th day after the date an order was issued under
  Subsection (a).
         (b-1)  The magistrate shall provide copies of the written
  report [assessment] to the defense counsel, the attorney
  representing the state, and the trial court.  The written report
  [assessment] must include a description of the procedures used in
  the interview and collection of other information under Subsection
  (a)(1)(A) and the applicable expert's observations and findings
  pertaining to:
               (1)  whether the defendant is a person who has a mental
  illness or is a person with an intellectual disability;
               (2)  whether there is clinical evidence to support a
  belief that the defendant may be incompetent to stand trial and
  should undergo a complete competency examination under Subchapter
  B, Chapter 46B; and
               (3)  any appropriate or recommended treatment or
  service.
         (c)  After the trial court receives the applicable expert's
  written report [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 report [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.
         (d)  This article does not prevent the applicable court from,
  before, during, or after the interview and collection of other 
  information regarding the defendant as described by this article:
               (1)  releasing a defendant who has a mental illness or
  is a person with an intellectual disability from custody on
  personal or surety bond, including imposing as a condition of
  release that the defendant submit to an examination or other
  assessment; or
               (2)  ordering an examination regarding the defendant's
  competency to stand trial.
         (e)  The Texas Judicial Council shall adopt rules to require
  the reporting of [The magistrate shall submit to the Office of
  Court Administration of the Texas Judicial System on a monthly
  basis] the number of written reports [assessments] provided to a
  [the] court under Subsection (a)(1)(B).  The rules must require
  submission of the reports to the Office of Court Administration of
  the Texas Judicial System on a monthly basis.
         (f)  A written report submitted to a magistrate under
  Subsection (a)(1)(B) is confidential and not subject to disclosure
  under Chapter 552, Government Code, but may be used or disclosed as
  provided by this article.
         SECTION 3.  Articles 17.032(b) and (c), Code of Criminal
  Procedure, as amended by Chapters 748 (S.B. 1326) and 950 (S.B.
  1849), Acts of the 85th Legislature, Regular Session, 2017, are
  reenacted and amended to read as follows:
         (b)  Notwithstanding Article 17.03(b), or a bond schedule
  adopted or a standing order entered by a judge, a magistrate shall
  release a defendant on personal bond unless good cause is shown
  otherwise if:
               (1)  the defendant is not charged with and has not been
  previously convicted of a violent offense;
               (2)  the defendant is examined by the local mental
  health authority, local intellectual and developmental disability
  authority, or another qualified mental health or intellectual
  disability expert under Article 16.22;
               (3)  the applicable expert, in a written report
  [assessment] submitted to the magistrate under Article 16.22:
                     (A)  concludes that the defendant has a mental
  illness or is a person with an intellectual disability and is
  nonetheless competent to stand trial; and
                     (B)  recommends mental health treatment or
  intellectual disability services for the defendant, as applicable;
               (4)  the magistrate determines, in consultation with
  the local mental health authority or local intellectual and
  developmental disability authority, that appropriate
  community-based mental health or intellectual disability services
  for the defendant are available in accordance with Section 534.053
  or 534.103, Health and Safety Code, or through another mental
  health or intellectual disability services provider; and
               (5)  the magistrate finds, after considering all the
  circumstances, a pretrial risk assessment, if applicable, and any
  other credible information provided by the attorney representing
  the state or the defendant, that release on personal bond would
  reasonably ensure the defendant's appearance in court as required
  and the safety of the community and the victim of the alleged
  offense.
         (c)  The magistrate, unless good cause is shown for not
  requiring treatment or services, shall require as a condition of
  release on personal bond under this article that the defendant
  submit to outpatient or inpatient mental health treatment or
  intellectual disability services as recommended by the local mental
  health authority, local intellectual and developmental disability
  authority, or another qualified mental health or intellectual
  disability expert if the defendant's:
               (1)  mental illness or intellectual disability is
  chronic in nature; or
               (2)  ability to function independently will continue to
  deteriorate if the defendant does not receive the recommended
  treatment or services [is not treated].
         SECTION 4.  Section 511.0085(a), Government Code, is amended
  to read as follows:
         (a)  The commission shall develop a comprehensive set of risk
  factors to use in assessing the overall risk level of each jail
  under the commission's jurisdiction.  The set of risk factors must
  include:
               (1)  a history of the jail's compliance with state law
  and commission rules, standards, and procedures;
               (2)  the population of the jail;
               (3)  the number and nature of complaints regarding the
  jail, including complaints regarding a violation of any required
  ratio of correctional officers to inmates;
               (4)  problems with the jail's internal grievance
  procedures;
               (5)  available mental and medical health reports
  relating to inmates in the jail, including reports relating to
  infectious disease or pregnant inmates;
               (6)  recent turnover among sheriffs and jail staff;
               (7)  inmate escapes from the jail;
               (8)  the number and nature of inmate deaths at the jail,
  including the results of the investigations of those deaths; and
               (9)  whether the jail is in compliance with commission
  rules, standards developed by the Texas Correctional Office on
  Offenders with Medical or Mental Impairments, and the requirements
  of Article 16.22, Code of Criminal Procedure, regarding screening
  and assessment protocols for the early identification of and
  reports concerning persons with mental illness or an intellectual
  disability.
         SECTION 5.  The heading to Section 614.0032, Health and
  Safety Code, is amended to read as follows:
         Sec. 614.0032.  SPECIAL DUTIES RELATED TO MEDICALLY
  RECOMMENDED SUPERVISION; DETERMINATIONS REGARDING MENTAL ILLNESS
  OR INTELLECTUAL DISABILITY [COMPETENCY OR FITNESS TO PROCEED].
         SECTION 6.  Section 614.0032, Health and Safety Code, is
  amended by adding Subsection (c) to read as follows:
         (c)  The office shall approve and make generally available in
  electronic format a standard form for use by a person providing a
  written report under Article 16.22(a)(1)(B), Code of Criminal
  Procedure.
         SECTION 7.  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
  section, an offense was committed before the effective date of this
  Act if any element of the offense occurred before that date.
         SECTION 8.  To the extent of any conflict, this Act prevails
  over another Act of the 86th Legislature, Regular Session, 2019,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 9.  This Act takes effect September 1, 2019.
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