Texas House Bill HB2436

Texas 2019 - 86th Regular

Caption

Relating to the release on personal bond of certain defendants with a mental illness or an intellectual disability.

Impact

This legislation impacts the criminal justice system by emphasizing the need for assessments conducted by mental health professionals for defendants with mental health issues. By ensuring that individuals not charged with violent offenses are given the opportunity for release while considering their mental health needs, the bill aims to reduce unnecessary detentions and promote the use of community-based services. The bill could potentially decrease prison overcrowding and support defendants in receiving treatment rather than punitive measures.

Summary

House Bill 2436 focuses on the conditions under which defendants with mental illness or intellectual disabilities may be released on personal bond. The bill stipulates that magistrates shall release defendants on personal bond unless there is good cause to show otherwise. The bill establishes criteria that must be satisfied before a magistrate can deny such a release, including an evaluation by a qualified mental health expert who finds the defendant competent to stand trial and recommends necessary treatment services.

Contention

Notable points of contention surrounding HB2436 may include concerns regarding public safety and the adequacy of community-based mental health services. Critics might argue that allowing for the personal bond release of individuals with mental health issues could lead to risks if proper support structures are not in place. Additionally, some may express apprehension about the reliability and effectiveness of evaluations conducted by mental health professionals, questioning whether they can predict a defendant's behavior and ensure the safety of the community.