Texas 2011 - 82nd Regular

Texas Senate Bill SB118 Compare Versions

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1	1	By: Uresti S.B. No. 118
2	2	(Menendez, Naishtat)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a court's authority to order a proposed patient to
8	8	receive extended outpatient mental health services.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subsection (b), Section 574.035, Health and
11	11	Safety Code, is amended to read as follows:
12	12	(b) The judge may order a proposed patient to receive
13	13	court-ordered extended outpatient mental health services only if:
14	14	(1) the judge finds that appropriate mental health
15	15	services are available to the patient; and
16	16	(2) the jury, or the judge if the right to a jury is
17	17	waived, finds from clear and convincing evidence that:
18	18	(A) the proposed patient is mentally ill;
19	19	(B) the nature of the mental illness is severe
20	20	and persistent;
21	21	(C) as a result of the mental illness, the
22	22	proposed patient will, if not treated, continue to:
23	23	(i) suffer severe and abnormal mental,
24	24	emotional, or physical distress; and
25	25	(ii) experience deterioration of the
26	26	ability to function independently to the extent that the proposed
27	27	patient will be unable to live safely in the community without
28	28	court-ordered outpatient mental health services;
29	29	(D) the proposed patient has an inability to
30	30	participate in outpatient treatment services effectively and
31	31	voluntarily, demonstrated by:
32	32	(i) any of the proposed patient's actions
33	33	occurring within the two-year period which immediately precedes the
34	34	hearing; or
35	35	(ii) specific characteristics of the
36	36	proposed patient's clinical condition that make impossible a
37	37	rational and informed decision whether to submit to voluntary
38	38	outpatient treatment;
39	39	(E) the proposed patient's condition is expected
40	40	to continue for more than 90 days; and
41	41	(F) the proposed patient has received:
42	42	(i) court-ordered inpatient mental health
43	43	services under this subtitle or under Subchapter D or E, Chapter
44	44	46B, Code of Criminal Procedure, for a total of at least 60
45	45	[consecutive] days during the preceding 12 months; or
46	46	(ii) court-ordered outpatient mental
47	47	health services under this subtitle or under Subchapter D or E,
48	48	Chapter 46B, Code of Criminal Procedure, during the preceding 60
49	49	days.
50	50	SECTION 2. Subsection (b), Section 574.002, Health and
51	51	Safety Code, is amended to read as follows:
52	52	(b) The application must state whether the application is
53	53	for temporary or extended mental health services. An application
54	54	for extended inpatient mental health services must state that the
55	55	person has received court-ordered inpatient mental health services
56	56	under this subtitle or under Subchapter D or E, Chapter 46B, Code of
57	57	Criminal Procedure, for at least 60 consecutive days during the
58	58	preceding 12 months. An application for extended outpatient mental
59	59	health services must state that the person has received:
60	60	(1) court-ordered inpatient mental health services
61	61	under this subtitle or under Subchapter D or E, Chapter 46B, Code of
62	62	Criminal Procedure, for a total of at least 60 days during the
63	63	preceding 12 months; or
64	64	(2) court-ordered outpatient mental health services
65	65	under this subtitle or under Subchapter D or E, Chapter 46B, Code of
66	66	Criminal Procedure, during the preceding 60 days.
67	67	SECTION 3. This Act takes effect September 1, 2011.