81R8020 GCB-D
By: Menendez H.B. No. 1647
A BILL TO BE ENTITLED
AN ACT
relating to certain judicial findings required before a court may
order a person to receive extended outpatient mental health
services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 574.035(b), Health and Safety Code, is
amended to read as follows:
(b) The judge may order a proposed patient to receive
court-ordered extended outpatient mental health services only if:
(1) the judge finds that appropriate mental health
services are available to the patient; and
(2) the jury, or the judge if the right to a jury is
waived, finds from clear and convincing evidence that:
(A) the proposed patient is mentally ill;
(B) the nature of the mental illness is severe
and persistent;
(C) as a result of the mental illness, the
proposed patient will, if not treated, continue to:
(i) suffer severe and abnormal mental,
emotional, or physical distress; and
(ii) experience deterioration of the
ability to function independently to the extent that the proposed
patient will be unable to live safely in the community without
court-ordered outpatient mental health services;
(D) the proposed patient has an inability to
participate in outpatient treatment services effectively and
voluntarily, demonstrated by:
(i) any of the proposed patient's actions
occurring within the two-year period which immediately precedes the
hearing; or
(ii) specific characteristics of the
proposed patient's clinical condition that make impossible a
rational and informed decision whether to submit to voluntary
outpatient treatment;
(E) the proposed patient's condition is expected
to continue for more than 90 days; and
(F) the proposed patient has received
court-ordered inpatient mental health services under this subtitle
or under Subchapter D or E, Chapter 46B, Code of Criminal Procedure,
for a total of at least 60 [consecutive] days during the preceding
24 [12] months.
SECTION 2. This Act takes effect September 1, 2009.