Texas 2009 - 81st Regular

Texas Senate Bill SB1665 Compare Versions

Only one version of the bill is available at this time.

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1	1	81R79 UM-D
2	2	By: Wentworth S.B. No. 1665
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to post-commitment treatment and supervision of persons
8	8	with mental illness who are manifestly dangerous.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 574.036, Health and Safety Code, is
11	11	amended by adding Subsection (f) to read as follows:
12	12	(f) In an order committing a person to a mental health
13	13	facility for extended inpatient mental health services, the judge
14	14	may include a finding that the person is manifestly dangerous. The
15	15	judge may include the finding only if the criterion specified by the
16	16	jury or judge under Section 574.035(c) is that the proposed patient
17	17	is likely to cause serious harm to others.
18	18	SECTION 2. Chapter 574, Health and Safety Code, is amended
19	19	by adding Subchapter F-1 to read as follows:
20	20	SUBCHAPTER F-1. PROCEEDINGS INVOLVING MANIFESTLY DANGEROUS
21	21	PATIENTS
22	22	Sec. 574.091. APPLICABILITY. This subchapter applies only
23	23	to a patient receiving court-ordered inpatient mental health
24	24	services at an inpatient mental health facility who is:
25	25	(1) found to be manifestly dangerous in an order
26	26	committing the person to extended inpatient mental health services
27	27	under Section 574.036(f);
28	28	(2) committed to a maximum security unit in accordance
29	29	with Article 46B.104, Code of Criminal Procedure; or
30	30	(3) the subject of an affirmative determination under
31	31	Article 46C.157, Code of Criminal Procedure.
32	32	Sec. 574.092. RELEASE OF PATIENT. (a) Notwithstanding any
33	33	other provision of this chapter or of Chapter 46B or 46C, Code of
34	34	Criminal Procedure, a facility administrator may not permit a
35	35	patient to leave the inpatient mental health facility to receive
36	36	outpatient mental health services or under a pass or furlough
37	37	unless the administrator:
38	38	(1) submits to the review board established under
39	39	Section 574.093 a continuing care plan prepared by the physician
40	40	responsible for the patient's treatment; and
41	41	(2) receives:
42	42	(A) a determination from the review board that a
43	43	treatment and supervision plan is not necessary; or
44	44	(B) a court order in accordance with Section
45	45	574.094, if the review board determines that a treatment and
46	46	supervision plan is necessary.
47	47	(b) A facility administrator shall, not later than the 90th
48	48	day before the scheduled discharge date, submit to the review board
49	49	established under Section 574.093 a continuing care plan for a
50	50	patient scheduled to be discharged.
51	51	Sec. 574.093. REVIEW BOARD. (a) The executive
52	52	commissioner of the Health and Human Services Commission shall
53	53	appoint a five-member review board to determine whether a patient
54	54	who has had a continuing care plan forwarded to the review board
55	55	would be manifestly dangerous if the patient did not follow the
56	56	continuing care plan after leaving the inpatient mental health
57	57	facility. A review board must include at least one psychiatrist
58	58	licensed to practice medicine in this state and two persons who work
59	59	directly with persons with mental illness or mental retardation.
60	60	(b) In determining whether a patient would be manifestly
61	61	dangerous if the patient did not follow the patient's continuing
62	62	care plan, the review board shall consider:
63	63	(1) an assessment of the patient's present mental
64	64	condition;
65	65	(2) whether the patient has inflicted, attempted to
66	66	inflict, or made a serious threat of inflicting substantial
67	67	physical harm to another while in the facility;
68	68	(3) whether the patient, in the six months preceding
69	69	the date the patient was placed in the facility, has inflicted,
70	70	attempted to inflict, or made a serious threat of inflicting
71	71	substantial physical harm to another;
72	72	(4) whether the patient during a period of release
73	73	from an inpatient mental health facility under the current order or
74	74	a prior order for inpatient mental health services has inflicted,
75	75	attempted to inflict, or made a serious threat of inflicting
76	76	substantial physical harm to another; and
77	77	(5) whether the patient is likely to follow the
78	78	continuing care plan on release from the facility without a
79	79	treatment and supervision plan.
80	80	(c) If the review board determines that a patient would be
81	81	manifestly dangerous if the patient did not follow the continuing
82	82	care plan after leaving the inpatient mental health facility, the
83	83	review board shall recommend to the court that ordered the
84	84	patient's inpatient mental health services a treatment and
85	85	supervision plan that may include:
86	86	(1) provisions requiring the patient to submit to:
87	87	(A) tracking under a particular type of tracking
88	88	service or any other appropriate supervision;
89	89	(B) access to and tracking of the patient's
90	90	prescription records; or
91	91	(C) a continuous automated delivery system for
92	92	necessary medications;
93	93	(2) provisions prohibiting the patient from changing
94	94	the patient's residence without first obtaining authorization from
95	95	the court and from leaving the state without first obtaining
96	96	authorization from the court;
97	97	(3) provisions requiring the patient to notify the
98	98	court immediately or within 24 hours of any change in the patient's
99	99	status that affects proper treatment and supervision, including:
100	100	(A) a change in the patient's physical health or
101	101	job status; and
102	102	(B) any incarceration of the patient; or
103	103	(4) any other provision that the review board finds
104	104	necessary to ensure that the patient follows the continuing care
105	105	plan.
106	106	(d) If the review board determines that a patient would not
107	107	be manifestly dangerous if the patient did not follow the
108	108	continuing care plan after leaving the inpatient mental health
109	109	facility, the review board shall inform the facility administrator
110	110	and the court that ordered the patient's inpatient mental health
111	111	services of the review board's determination that a treatment and
112	112	supervision plan is not necessary.
113	113	Sec. 574.094. HEARING AND ORDER AUTHORIZING TREATMENT AND
114	114	SUPERVISION PLAN. (a) A court that receives a recommended
115	115	treatment and supervision plan from the review board may:
116	116	(1) enter an order modifying the order for inpatient
117	117	mental health services to allow the patient to leave the inpatient
118	118	mental health facility to receive outpatient mental health services
119	119	or under a pass or furlough subject to the conditions provided by
120	120	the treatment and supervision plan;
121	121	(2) enter an order requiring the patient to comply
122	122	with the recommended treatment and supervision plan after the
123	123	patient is discharged from the facility; or
124	124	(3) enter an order stating that the treatment and
125	125	supervision plan is not necessary.
126	126	(b) The court may enter an order under Subsection (a)(1) or
127	127	(3) without a hearing or with a hearing as prescribed by Section
128	128	574.061(d). If a hearing is not requested, the court may enter the
129	129	order based solely on the recommendation of the review board and any
130	130	supporting information.
131	131	(c) The court may enter an order under Subsection (a)(2)
132	132	only if the court finds by clear and convincing evidence after a
133	133	hearing that:
134	134	(1) the patient would be manifestly dangerous if the
135	135	patient did not follow the patient's continuing care plan after
136	136	leaving the inpatient mental health facility; and
137	137	(2) the treatment and supervision plan recommended by
138	138	the review board is necessary to ensure that the patient follows the
139	139	patient's continuing care plan.
140	140	(d) In making a finding under Subsection (c) that the
141	141	patient would be manifestly dangerous if the patient did not follow
142	142	the patient's continuing care plan, the court shall consider:
143	143	(1) an assessment of the patient's present mental
144	144	condition;
145	145	(2) whether the patient has inflicted, attempted to
146	146	inflict, or made a serious threat of inflicting substantial
147	147	physical harm to another while in the facility;
148	148	(3) whether the patient, in the six months preceding
149	149	the date the patient was placed in the facility, has inflicted,
150	150	attempted to inflict, or made a serious threat of inflicting
151	151	substantial physical harm to another;
152	152	(4) whether the patient during a period of release
153	153	from an inpatient mental health facility under the current order or
154	154	a prior order for inpatient mental health services has inflicted,
155	155	attempted to inflict, or made a serious threat of inflicting
156	156	substantial physical harm to another;
157	157	(5) whether the patient is likely to follow the
158	158	continuing care plan on release from the facility without a
159	159	treatment and supervision plan;
160	160	(6) the testimony of the patient and any expert
161	161	testifying on behalf of the patient; and
162	162	(7) the availability of an alternative, less intrusive
163	163	treatment and supervision plan likely to result in the patient's
164	164	compliance with the patient's continuing care plan.
165	165	(e) A court may modify any order under this section on
166	166	receipt of a recommendation from the review board, after a biennial
167	167	review under Section 574.095, or after a hearing on a petition for
168	168	removal of all or part of the treatment and supervision conditions.
169	169	(f) A court that receives a determination from the review
170	170	board that a treatment and supervision plan is not necessary:
171	171	(1) shall enter the review board's determination in
172	172	the patient's court record; and
173	173	(2) may conduct further proceedings as otherwise
174	174	provided by this chapter.
175	175	(g) A patient is entitled to be present and to have the
176	176	benefit of all constitutional protections provided to the patient
177	177	at a hearing under this section.
178	178	Sec. 574.095. BIENNIAL REVIEW. (a) The review board shall
179	179	conduct a biennial review of the status of a patient who is released
180	180	subject to a recommended treatment and supervision plan ordered
181	181	under Section 574.094(a)(2).
182	182	(b) The patient may be represented by counsel at the
183	183	biennial review.
184	184	(c) If the patient has a treating physician, the physician
185	185	shall provide a report to the review board regarding whether a
186	186	requirement imposed by the treatment and supervision plan should be
187	187	modified or removed.
188	188	(d) The review board may:
189	189	(1) recommend that the court modify or remove a
190	190	requirement imposed by the treatment and supervision plan if the
191	191	review board finds that the requirement is no longer necessary to
192	192	ensure that the patient does not become manifestly dangerous; or
193	193	(2) recommend that the court extend and, if necessary,
194	194	modify the order requiring a treatment and supervision plan if the
195	195	review board finds that the plan and any modifications are
196	196	necessary to ensure that the patient does not become manifestly
197	197	dangerous.
198	198	Sec. 574.096. PETITION FOR REMOVAL OF TREATMENT AND
199	199	SUPERVISION CONDITIONS. (a) A patient subject to an order entered
200	200	under Section 574.094(a)(1) or (2) requiring the patient to comply
201	201	with a treatment and supervision plan may file with the court a
202	202	petition for removal of all or part of the conditions imposed under
203	203	that order.
204	204	(b) If the patient files a petition for removal of all or
205	205	part of the treatment and supervision conditions, the patient shall
206	206	serve the petition on the court, the review board, and the county
207	207	attorney or district attorney with jurisdiction in that court.
208	208	(c) On receipt of a petition for removal of all or part of
209	209	the treatment and supervision conditions, the court shall attempt
210	210	as soon as practicable to review the petition.
211	211	(d) The court may deny without a hearing a petition for
212	212	removal of all or part of the treatment and supervision conditions
213	213	if the court finds that the petition is frivolous.
214	214	(e) If the court does not deny a petition for removal of all
215	215	or part of the treatment and supervision conditions filed by the
216	216	patient, the court shall conduct as soon as practicable a hearing on
217	217	the petition.
218	218	(f) The patient and the attorney representing the state are
219	219	entitled to an immediate examination of the patient by an expert.
220	220	(g) On request of the patient or the attorney representing
221	221	the state, the court shall conduct the hearing before a jury.
222	222	(h) The burden of proof at the hearing is on the state to
223	223	prove by clear and convincing evidence that all or the relevant part
224	224	of the treatment and supervision plan is necessary to ensure that
225	225	the patient does not become manifestly dangerous.
226	226	(i) A patient is entitled to be present and to have the
227	227	benefit of all constitutional protections provided to the patient
228	228	at a hearing under this section.
229	229	SECTION 3. The change in law made by this Act applies only
230	230	to persons:
231	231	(1) committed to temporary or extended inpatient
232	232	mental health services under Chapter 574, Health and Safety Code,
233	233	on or after the effective date of this Act;
234	234	(2) found manifestly dangerous in an order committing
235	235	the person to extended inpatient mental health services under
236	236	Section 574.036(f), Health and Safety Code, as added by this Act, on
237	237	or after the effective date of this Act;
238	238	(3) committed to a maximum security unit in accordance
239	239	with Article 46B.104, Code of Criminal Procedure, on or after the
240	240	effective date of this Act; or
241	241	(4) subject to an affirmative determination made under
242	242	Article 46C.157, Code of Criminal Procedure, on or after the
243	243	effective date of this Act.
244	244	SECTION 4. This Act takes effect September 1, 2009.