Texas 2013 - 83rd Regular

Texas House Bill HB2349 Compare Versions

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1	1	83R23135 GCB-D
2	2	By: Zerwas H.B. No. 2349
3	3	Substitute the following for H.B. No. 2349:
4	4	By: Parker C.S.H.B. No. 2349
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to a jail-based restoration of competency pilot program.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 46B.073, Code of Criminal Procedure, is
12	12	amended by adding Subsection (e) to read as follows:
13	13	(e) Notwithstanding Subsections (b), (c), and (d) and
14	14	notwithstanding the contents of the applicable order of commitment,
15	15	in a county in which the department operates a jail-based
16	16	restoration of competency pilot program under Article 46B.090, a
17	17	defendant for whom an order is issued under this article committing
18	18	the defendant to a mental health facility or residential care
19	19	facility shall be provided competency restoration services at the
20	20	jail under the pilot program if the service provider at the jail
21	21	determines the defendant will immediately begin to receive
22	22	services. If the service provider at the jail determines the
23	23	defendant will not immediately begin to receive competency
24	24	restoration services, the defendant shall be transferred to the
25	25	appropriate mental health facility or residential care facility as
26	26	provided by the court order. This subsection expires September 1,
27	27	2017.
28	28	SECTION 2. Subchapter D, Chapter 46B, Code of Criminal
29	29	Procedure, is amended by adding Article 46B.090 to read as follows:
30	30	Art. 46B.090. JAIL-BASED RESTORATION OF COMPETENCY PILOT
31	31	PROGRAM. (a) If the legislature appropriates to the department the
32	32	funding necessary for the department to operate a jail-based
33	33	restoration of competency pilot program as described by this
34	34	article, the department shall develop and implement the pilot
35	35	program in one or two counties in this state that choose to
36	36	participate in the pilot program. In developing the pilot program,
37	37	the department shall coordinate and allow for input from each
38	38	participating county.
39	39	(b) The department shall contract with a provider of
40	40	jail-based competency restoration services to provide services
41	41	under the pilot program if the department develops a pilot program
42	42	under this article.
43	43	(c) Not later than November 1, 2013, the commissioner of the
44	44	department, in consultation with a stakeholder workgroup
45	45	established by the department as provided by Subsection (d), shall
46	46	adopt rules as necessary to implement the pilot program. In
47	47	adopting rules under this article, the commissioner shall specify
48	48	the types of information the department must collect during the
49	49	operation of the pilot program for use in evaluating the outcome of
50	50	the pilot program.
51	51	(d) The commissioner of the department shall establish a
52	52	stakeholder workgroup to participate in developing and
53	53	establishing rules for the pilot program. The stakeholder
54	54	workgroup must be composed of:
55	55	(1) one member who is a sheriff;
56	56	(2) one member who represents a local mental health
57	57	authority;
58	58	(3) one member who is a county commissioner, county
59	59	judge, or elected county officer;
60	60	(4) one member who is a district attorney or county
61	61	attorney with criminal jurisdiction;
62	62	(5) one member who is a defense attorney;
63	63	(6) one member who is a judge of a district criminal
64	64	court or county criminal court;
65	65	(7) two members who are mental health advocates; and
66	66	(8) any other member the department considers
67	67	appropriate to appoint to the stakeholder workgroup.
68	68	(e) This subsection and Subsection (d) expire not later than
69	69	the 30th day after the date rules are adopted under Subsection (c).
70	70	(f) To contract with the department under Subsection (b), a
71	71	provider of jail-based competency restoration services must
72	72	demonstrate to the department that:
73	73	(1) the provider:
74	74	(A) has previously provided jail-based
75	75	competency restoration services for one or more years; or
76	76	(B) is a local mental health authority that has
77	77	previously provided competency restoration services;
78	78	(2) the provider's jail-based competency restoration
79	79	program:
80	80	(A) uses a multidisciplinary treatment team to
81	81	provide clinical treatment that is:
82	82	(i) directed toward the specific objective
83	83	of restoring the defendant's competency to stand trial; and
84	84	(ii) similar to the clinical treatment
85	85	provided as part of a competency restoration program at an
86	86	inpatient mental health facility;
87	87	(B) employs or contracts for the services of at
88	88	least one psychiatrist;
89	89	(C) assigns staff members to defendants
90	90	participating in the program at an average ratio not lower than 3.7
91	91	to 1; and
92	92	(D) provides weekly treatment hours commensurate
93	93	to the treatment hours provided as part of a competency restoration
94	94	program at an inpatient mental health facility;
95	95	(3) the provider is certified by a nationwide
96	96	nonprofit organization that accredits health care organizations
97	97	and programs, such as the Joint Commission on Health Care Staffing
98	98	Services; and
99	99	(4) the provider has a demonstrated history of
100	100	successful jail-based restoration of competency outcomes.
101	101	(g) A contract under Subsection (b) must require the
102	102	designated provider to collect and submit to the department the
103	103	information specified by rules adopted under Subsection (c).
104	104	(h) The designated provider shall enter into a contract with
105	105	the participating county or counties. The contract must require
106	106	the participating county or counties to:
107	107	(1) ensure the safety of defendants who participate in
108	108	the jail-based restoration of competency pilot program;
109	109	(2) designate a separate space in the jail for the
110	110	provider to conduct the pilot program;
111	111	(3) provide the same basic care to the participants as
112	112	is provided to other inmates of a jail; and
113	113	(4) supply clinically appropriate psychoactive
114	114	medications to the mental health service provider for purposes of
115	115	administering court-ordered medication to the participants in
116	116	accordance with Article 46B.086 of this code and Section 574.106,
117	117	Health and Safety Code.
118	118	(i) The psychiatrist for the provider shall conduct at least
119	119	two full psychiatric evaluations of the defendant during the period
120	120	the defendant receives competency restoration services in the jail.
121	121	The psychiatrist must conduct one evaluation not later than the
122	122	21st day and one evaluation not later than the 55th day after the
123	123	date the defendant begins to participate in the pilot program. The
124	124	psychiatrist shall submit to the court a report concerning each
125	125	evaluation required under this subsection.
126	126	(j) If at any time during a defendant's participation in the
127	127	jail-based restoration of competency pilot program the
128	128	psychiatrist for the provider determines that the defendant has
129	129	attained competency to stand trial:
130	130	(1) the psychiatrist for the provider shall promptly
131	131	issue and send to the court a report demonstrating that fact; and
132	132	(2) the court shall consider that report as the report
133	133	of an expert stating an opinion that the defendant has been restored
134	134	to competency for purposes of Article 46B.0755(a) or (b).
135	135	(k) If at any time during a defendant's participation in the
136	136	jail-based restoration of competency pilot program the
137	137	psychiatrist for the provider determines that the defendant's
138	138	competency to stand trial is unlikely to be restored in the
139	139	foreseeable future:
140	140	(1) the psychiatrist for the provider shall promptly
141	141	issue and send to the court a report demonstrating that fact; and
142	142	(2) the court shall:
143	143	(A) proceed under Subchapter E or F and order the
144	144	transfer of the defendant, without unnecessary delay, to the first
145	145	available facility that is appropriate for that defendant, as
146	146	provided under Subchapter E or F, as applicable; or
147	147	(B) release the defendant on bail as permitted
148	148	under Chapter 17.
149	149	(l) If the psychiatrist for the provider determines that a
150	150	defendant ordered to participate in the pilot program has not been
151	151	restored to competency by the end of the 60th day after the date the
152	152	defendant began to participate in the pilot program:
153	153	(1) for a defendant charged with a felony, the
154	154	defendant shall be transferred, without unnecessary delay and for
155	155	the remainder of the period prescribed by Article 46B.073(b), to
156	156	the first available facility that is appropriate for that defendant
157	157	as provided by Article 46B.073(c) or (d); and
158	158	(2) for a defendant charged with a misdemeanor, the
159	159	court may:
160	160	(A) order a single extension under Article
161	161	46B.080 and the transfer of the defendant without unnecessary delay
162	162	to the appropriate mental health facility or residential care
163	163	facility as provided by Article 46B.073(d) for the remainder of the
164	164	period under the extension;
165	165	(B) proceed under Subchapter E or F;
166	166	(C) release the defendant on bail as permitted
167	167	under Chapter 17; or
168	168	(D) dismiss the charges in accordance with
169	169	Article 46B.010.
170	170	(m) Unless otherwise provided by this article, the
171	171	provisions of this chapter, including the maximum periods
172	172	prescribed by Article 46B.0095, apply to a defendant receiving
173	173	competency restoration services under the pilot program in the same
174	174	manner as those provisions apply to any other defendant who is
175	175	subject to proceedings under this chapter.
176	176	(n) If the department develops and implements a jail-based
177	177	restoration of competency pilot program under this article, not
178	178	later than December 1, 2016, the commissioner of the department
179	179	shall submit a report concerning the pilot program to the presiding
180	180	officers of the standing committees of the senate and house of
181	181	representatives having primary jurisdiction over health and human
182	182	services issues and over criminal justice issues. The report must
183	183	include the information collected by the department during the
184	184	pilot program and the commissioner's evaluation of the outcome of
185	185	the program as of the date the report is submitted.
186	186	(o) This article expires September 1, 2017.
187	187	SECTION 3. The change in law made by this Act applies only
188	188	to a defendant against whom proceedings have not been initiated
189	189	under Chapter 46B, Code of Criminal Procedure, as amended by this
190	190	Act, before the effective date of this Act. The determination of
191	191	incompetency for a defendant against whom proceedings have been
192	192	initiated under Chapter 46B, Code of Criminal Procedure, before the
193	193	effective date of this Act is covered by the law in effect when the
194	194	proceedings were initiated, and the former law is continued in
195	195	effect for that purpose.
196	196	SECTION 4. This Act takes effect September 1, 2013.