Texas Senate Bill SB1739

Texas 2021 - 87th Regular

Caption

Relating to procedures regarding defendants who are or may be persons with a mental illness or intellectual disability.

Impact

The amendments proposed by SB1739 are expected to have a significant effect on the treatment of mentally ill defendants in Texas. By establishing clearer guidelines for assessing an individual's competency, the legislation could promote better outcomes for defendants with mental health issues, ensuring they receive appropriate treatment rather than solely punitive measures. It encourages a more rehabilitative approach, providing that if a defendant is found in need of mental health treatment, the court could designate a process for competent restoration. These changes could lead to a reduction in recidivism among this population, thereby impacting overall public safety and judicial efficiency.

Summary

Senate Bill 1739 addresses procedures concerning defendants who are or may be persons with a mental illness or intellectual disability. The main objective of the bill is to ensure that the legal rights and mental health needs of these individuals are respected within the criminal justice system. This legislation introduces amendments to the Code of Criminal Procedure, specifically focusing on personal bonds and the competency of defendants during legal proceedings. A significant feature of the bill includes changes that could affect how defendants are treated if they are assessed as having a mental illness or intellectual disability, particularly regarding their ability to stand trial.

Contention

There were discussions about the potential for the bill to place additional burdens on the court systems and mental health services. Opponents raised concerns regarding the feasibility of implementing the proposed pilot programs for jail-based competency restoration services effectively, given existing resources and infrastructure within Texas. Moreover, stakeholders expressed differing opinions on how the bill balances the defendants' rights against public safety, as well as the potential implications for victims of crime. Overall, the contention revolves around ensuring fair treatment for defendants while maintaining a system that protects societal interests.