Relating to certain proceedings and supervision following certain adjudications occurring in a criminal case.
Impact
The changes proposed by SB2758 will likely impact state laws related to the treatment of acquitted persons, especially concerning mental health services. By allowing courts to transfer jurisdiction for the treatment of such individuals, the bill aims to ensure that appropriate resources are utilized, leading to better mental health outcomes and monitoring. Additionally, this may alleviate local pressures regarding resource allocation, as counties with better facilities or support networks can take over responsibilities for treatment and supervision.
Summary
Senate Bill 2758 focuses on the procedures surrounding guardianship and supervision of individuals who have been acquitted in criminal cases, particularly those found not guilty by reason of insanity. The bill proposes amendments to the Texas Code of Criminal Procedure to streamline the process of providing outpatient or community-based treatment for these acquitted individuals in counties other than where the court initially adjudicated the case. This enactment can significantly enhance the mental health support system for these individuals by allowing for a more flexible approach to their treatment and supervision based on available resources in other jurisdictions.
Contention
While the bill appears to come with the benefit of offering more individualized care options based on the specific circumstances of each acquitted person, it could also face scrutiny regarding the definitions of supervision and the adequacy of mental health services in different counties. Critics may raise concerns about the adequacy and consistency of treatment across jurisdictions, particularly if counties differ significantly in terms of their available mental health resources. This could lead to debates over the liability and effectiveness of such a system, prompting further legislative discussions on refining these processes.
Texas Constitutional Statutes Affected
Code Of Criminal Procedure
Chapter 46. Miscellaneous Provisions Relating To Mental Illness And Intellectual Disability
Relating to the terminology used in statute to refer to intellectual disability and certain references to abolished health and human services agencies.
Relating to the terminology used in statute to refer to intellectual disability and certain references to abolished health and human services agencies.
Relating to the adjudication and disposition of cases involving delinquent conduct, certain juvenile court proceedings, and planning and funding for services for children in the juvenile justice system.
Relating to the adjudication and disposition of cases involving delinquent conduct, certain juvenile court proceedings, and planning and funding for services for children in the juvenile justice system.
Relating to community supervision for certain drug possession offenses and to a person's eligibility for an order of nondisclosure following a term of community supervision for any of those offenses.
Relating to the punishment for certain possession offenses under the Texas Controlled Substances Act; changing eligibility for and conditions of community supervision.