Bill Text: TX SB944 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the administration of medication to certain persons in the custody of a sheriff.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-11 - Referred to Criminal Justice [SB944 Detail]
Download: Texas-2021-SB944-Introduced.html
87R7434 MAW-F | ||
By: Eckhardt | S.B. No. 944 |
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relating to the administration of medication to certain persons in | ||
the custody of a sheriff. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 46B.0825, Code of Criminal Procedure, is | ||
amended by adding Subsections (a-1) and (a-2) and amending | ||
Subsection (b) to read as follows: | ||
(a-1) If a defendant described by Subsection (a) is being | ||
treated with a psychotropic medication at the time the defendant is | ||
discharged from the facility and transferred into the sheriff's | ||
custody, the sheriff or sheriff's deputy shall ensure that | ||
administration of the medication continues unless directed | ||
otherwise by the physician for the jail, subject to Subsection | ||
(a-2). The jail physician must appropriately document the need for | ||
any discontinuation or other change in the use or amount of | ||
medication after consulting with the physician who treated the | ||
defendant at the facility to ensure that the change does not | ||
adversely affect the defendant's mental health or ability to | ||
continue with court proceedings. | ||
(a-2) The physician for a jail may not discontinue or | ||
otherwise change a psychotropic medication that is being used in | ||
the treatment of a defendant described by Subsection (a) at the time | ||
of the defendant's discharge from the facility unless the jail | ||
physician determines there is a compelling medical reason to make | ||
the change for the health and safety of the defendant. If the jail | ||
physician discontinues or otherwise changes the use or amount of | ||
medication and the defendant is subsequently found incompetent to | ||
stand trial, recommitted to a facility, and then discharged again | ||
into the custody of the sheriff following that recommittal, the | ||
jail physician may not discontinue or change the defendant's | ||
prescribed psychotropic medication after the discharge from the | ||
facility without the consent of the physician who treated the | ||
defendant at the facility. | ||
(b) To the extent funds are appropriated for that purpose, a | ||
sheriff is entitled to reimbursement from the state for providing | ||
the medication required by this article [ |
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SECTION 2. Section 511.009(d), Government Code, is amended | ||
to read as follows: | ||
(d) The commission shall adopt reasonable rules and | ||
procedures establishing minimum standards regarding the continuity | ||
of prescription medications for the care and treatment of | ||
prisoners. The rules and procedures shall require that: | ||
(1) a qualified medical professional shall review as | ||
soon as possible any prescription medication a prisoner is taking | ||
when the prisoner is taken into custody; and | ||
(2) a prisoner with a mental illness be provided with | ||
each prescription medication that a qualified medical professional | ||
or mental health professional determines is necessary for the care, | ||
treatment, or stabilization of the prisoner. | ||
SECTION 3. Article 46B.0825(c), Code of Criminal Procedure, | ||
is repealed. | ||
SECTION 4. Not later than December 1, 2021, the Commission | ||
on Jail Standards shall adopt the rules and procedures required by | ||
Section 511.009(d), Government Code, as amended by this Act. | ||
SECTION 5. This Act takes effect September 1, 2021. |