LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION March 28, 2011 TO: Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB748 by Menendez (Relating to a criminal defendant's incompetency to stand trial, to certain related time credits, and to the maximum period allowed for restoration of the defendant to competency.), As Introduced No significant fiscal implication to the State is anticipated. The bill would amend the Code of Criminal Procedure to authorize the judge of a court to give a criminal defendant credit for time spent in a mental health facility or a residential care facility depending on determination of competency to stand trial. The bill also would include maximum terms of confinement, the period of commitment or treatment program participation, and restoration periods as defined by the provisions of the bill. The bill would require a mental hospital or other inpatient or residential facility or outpatient treatment program provider when the maximum restoration period expires to assess a defendants competency for civil proceedings. According to the Commission on Jail Standards, there could be a savings if a defendant was required to serve a commitment by confinement in a mental health or other facility to restore competency which would be credited toward the discharge of a potential sentence; however, it is not anticipated to be significant. According to the Department of State Health Services, the fiscal impact to a state hospital or a mental health facility to perform competency assessments could be absorbed within existing resources.According to the Office of Court Administration, the provisions of the bill will not result in any significant change in the workload of the court system; therefore, no significant fiscal impact to the Texas court system is anticipated. The bill would take effect September 1, 2011. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies:212 Office of Court Administration, Texas Judicial Council, 409 Commission on Jail Standards, 537 State Health Services, Department of LBB Staff: JOB, ESi, TP, JF, TB, AI
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION
March 28, 2011
TO: Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB748 by Menendez (Relating to a criminal defendant's incompetency to stand trial, to certain related time credits, and to the maximum period allowed for restoration of the defendant to competency.), As Introduced
TO: Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
FROM: John S O'Brien, Director, Legislative Budget Board
IN RE: HB748 by Menendez (Relating to a criminal defendant's incompetency to stand trial, to certain related time credits, and to the maximum period allowed for restoration of the defendant to competency.), As Introduced
Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
John S O'Brien, Director, Legislative Budget Board
John S O'Brien, Director, Legislative Budget Board
HB748 by Menendez (Relating to a criminal defendant's incompetency to stand trial, to certain related time credits, and to the maximum period allowed for restoration of the defendant to competency.), As Introduced
HB748 by Menendez (Relating to a criminal defendant's incompetency to stand trial, to certain related time credits, and to the maximum period allowed for restoration of the defendant to competency.), As Introduced
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would amend the Code of Criminal Procedure to authorize the judge of a court to give a criminal defendant credit for time spent in a mental health facility or a residential care facility depending on determination of competency to stand trial. The bill also would include maximum terms of confinement, the period of commitment or treatment program participation, and restoration periods as defined by the provisions of the bill. The bill would require a mental hospital or other inpatient or residential facility or outpatient treatment program provider when the maximum restoration period expires to assess a defendants competency for civil proceedings. According to the Commission on Jail Standards, there could be a savings if a defendant was required to serve a commitment by confinement in a mental health or other facility to restore competency which would be credited toward the discharge of a potential sentence; however, it is not anticipated to be significant. According to the Department of State Health Services, the fiscal impact to a state hospital or a mental health facility to perform competency assessments could be absorbed within existing resources.According to the Office of Court Administration, the provisions of the bill will not result in any significant change in the workload of the court system; therefore, no significant fiscal impact to the Texas court system is anticipated. The bill would take effect September 1, 2011.
The bill would amend the Code of Criminal Procedure to authorize the judge of a court to give a criminal defendant credit for time spent in a mental health facility or a residential care facility depending on determination of competency to stand trial. The bill also would include maximum terms of confinement, the period of commitment or treatment program participation, and restoration periods as defined by the provisions of the bill.
The bill would require a mental hospital or other inpatient or residential facility or outpatient treatment program provider when the maximum restoration period expires to assess a defendants competency for civil proceedings. According to the Commission on Jail Standards, there could be a savings if a defendant was required to serve a commitment by confinement in a mental health or other facility to restore competency which would be credited toward the discharge of a potential sentence; however, it is not anticipated to be significant. According to the Department of State Health Services, the fiscal impact to a state hospital or a mental health facility to perform competency assessments could be absorbed within existing resources.According to the Office of Court Administration, the provisions of the bill will not result in any significant change in the workload of the court system; therefore, no significant fiscal impact to the Texas court system is anticipated. The bill would take effect September 1, 2011.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: 212 Office of Court Administration, Texas Judicial Council, 409 Commission on Jail Standards, 537 State Health Services, Department of
212 Office of Court Administration, Texas Judicial Council, 409 Commission on Jail Standards, 537 State Health Services, Department of
LBB Staff: JOB, ESi, TP, JF, TB, AI
JOB, ESi, TP, JF, TB, AI