Texas 2009 - 81st Regular

Texas House Bill HB4451 Compare Versions

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1	1	H.B. No. 4451
2	2
3	3
4	4	AN ACT
5	5	relating to continuity of care services or mental health commitment
6	6	proceedings for youth with mental illness or mental retardation who
7	7	are transferred, discharged, or paroled from the Texas Youth
8	8	Commission.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 61.077, Human Resources Code, is amended
11	11	by adding Subsection (g) to read as follows:
12	12	(g) If a child who is mentally ill or mentally retarded is
13	13	discharged from the commission under Subsection (b), the child is
14	14	eligible to receive continuity of care services from the Texas
15	15	Correctional Office on Offenders with Medical or Mental Impairments
16	16	under Chapter 614, Health and Safety Code.
17	17	SECTION 2. Subchapter E, Chapter 61, Human Resources Code,
18	18	is amended by adding Section 61.0773 to read as follows:
19	19	Sec. 61.0773. TRANSFER OF CERTAIN CHILDREN SERVING
20	20	DETERMINATE SENTENCES FOR MENTAL HEALTH SERVICES. (a) The
21	21	commission may petition the juvenile court that entered the order
22	22	of commitment for a child for the initiation of mental health
23	23	commitment proceedings if the child is committed to the commission
24	24	under a determinate sentence under Section 54.04(d)(3), 54.04(m),
25	25	or 54.05(f), Family Code.
26	26	(b) A petition made by the commission shall be treated as a
27	27	motion under Section 55.11, Family Code, and the juvenile court
28	28	shall proceed in accordance with Subchapter B, Chapter 55, Family
29	29	Code.
30	30	(c) The commission shall cooperate with the juvenile court
31	31	in any proceeding under this section.
32	32	(d) The juvenile court shall credit to the term of the
33	33	child's commitment to the commission any time the child is
34	34	committed to an inpatient mental health facility.
35	35	(e) A child committed to an inpatient mental health facility
36	36	as a result of a petition filed under this section may not be
37	37	released from the facility on a pass or furlough.
38	38	(f) If the term of an order committing a child to an
39	39	inpatient mental health facility is scheduled to expire before the
40	40	end of the child's sentence and another order committing the child
41	41	to an inpatient mental health facility is not scheduled to be
42	42	entered, the inpatient mental health facility shall notify the
43	43	juvenile court that entered the order of commitment committing the
44	44	child to the commission. The juvenile court may transfer the child
45	45	to the custody of the commission, transfer the child to the Texas
46	46	Department of Criminal Justice, or release the child under
47	47	supervision, as appropriate.
48	48	SECTION 3. Section 614.019, Health and Safety Code, is
49	49	amended to read as follows:
50	50	Sec. 614.019. PROGRAMS FOR JUVENILES. (a) The office, in
51	51	cooperation with the Texas Commission on Alcohol and Drug Abuse,
52	52	the Texas Department of Mental Health and Mental Retardation, the
53	53	Department of Protective and Regulatory Services, the Texas
54	54	Juvenile Probation Commission, the Texas Youth Commission, and the
55	55	Texas Education Agency, may establish and maintain programs,
56	56	building on existing successful efforts in communities, to address
57	57	prevention, intervention, and continuity of care for juveniles with
58	58	mental health and substance abuse disorders.
59	59	(b) A child with mental illness who is receiving continuity
60	60	of care services during parole from the Texas Youth Commission and
61	61	who is no longer eligible to receive services from a local mental
62	62	health authority when the child becomes 17 years of age because the
63	63	child does not meet the requirements of a local service area plan
64	64	under Section 533.0352(a) may continue to receive continuity of
65	65	care services from the office until the child completes the child's
66	66	parole.
67	67	(c) A child with mental illness or mental retardation who is
68	68	discharged from the Texas Youth Commission under Section 61.077,
69	69	Human Resources Code, may receive continuity of care services from
70	70	the office for a minimum of 90 days after discharge from the
71	71	commission and for as long as necessary for the child to demonstrate
72	72	sufficient stability to transition successfully to mental health or
73	73	mental retardation services provided by a local mental health or
74	74	mental retardation authority.
75	75	SECTION 4. Section 61.077(g), Human Resources Code, as
76	76	added by this Act, and Section 614.019, Health and Safety Code, as
77	77	amended by this Act, apply only to a child who is discharged or
78	78	paroled from the Texas Youth Commission on or after the effective
79	79	date of this Act, regardless of when the child was committed to the
80	80	commission.
81	81	SECTION 5. Section 61.0773, Human Resources Code, as added
82	82	by this Act, applies only to a juvenile committed to the Texas Youth
83	83	Commission for conduct that occurs on or after the effective date of
84	84	this Act. Conduct violating the penal law of this state occurs on
85	85	or after the effective date of this Act if any element of the
86	86	violation occurs on or after that date. A juvenile committed to the
87	87	Texas Youth Commission for conduct that occurs before the effective
88	88	date of this Act is governed by the law in effect at the time the
89	89	conduct occurred, and the former law is continued in effect for that
90	90	purpose.
91	91	SECTION 6. This Act takes effect immediately if it receives
92	92	a vote of two-thirds of all the members elected to each house, as
93	93	provided by Section 39, Article III, Texas Constitution. If this
94	94	Act does not receive the vote necessary for immediate effect, this
95	95	Act takes effect September 1, 2009.
96	96	______________________________ ______________________________
97	97	President of the Senate Speaker of the House
98	98	I certify that H.B. No. 4451 was passed by the House on April
99	99	29, 2009, by the following vote: Yeas 139, Nays 0, 1 present, not
100	100	voting; and that the House concurred in Senate amendments to H.B.
101	101	No. 4451 on May 29, 2009, by the following vote: Yeas 144, Nays 0,
102	102	1 present, not voting.
103	103	______________________________
104	104	Chief Clerk of the House
105	105	I certify that H.B. No. 4451 was passed by the Senate, with
106	106	amendments, on May 26, 2009, by the following vote: Yeas 31, Nays
107	107	0.
108	108	______________________________
109	109	Secretary of the Senate
110	110	APPROVED: __________________
111	111	Date
112	112	__________________
113	113	Governor