82R802 GCB-D
By: Uresti S.B. No. 118
A BILL TO BE ENTITLED
AN ACT
relating to a court's authority to order a proposed patient 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:
(i) 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 12 months; or
(ii) court-ordered outpatient mental
health services under this subtitle or under Subchapter D or E,
Chapter 46B, Code of Criminal Procedure, during the preceding 60
days.
SECTION 2. Section 574.002(b), Health and Safety Code, is
amended to read as follows:
(b) The application must state whether the application is
for temporary or extended mental health services. An application
for extended inpatient mental health services must state that the
person has received court-ordered inpatient mental health services
under this subtitle or under Subchapter D or E, Chapter 46B, Code of
Criminal Procedure, for at least 60 consecutive days during the
preceding 12 months. An application for extended outpatient mental
health services must state that the person has received:
(1) 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 days during the
preceding 12 months; or
(2) court-ordered outpatient mental health services
under this subtitle or under Subchapter D or E, Chapter 46B, Code of
Criminal Procedure, during the preceding 60 days.
SECTION 3. This Act takes effect September 1, 2011.