By: Huffman, et al. S.B. No. 1185
(Thompson of Harris)
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a mental health jail diversion pilot
program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 7, Health and Safety Code, is
amended by adding Chapter 579 to read as follows:
CHAPTER 579. MENTAL HEALTH JAIL DIVERSION PILOT PROGRAM; HARRIS
COUNTY
Sec. 579.001. DEFINITIONS. In this chapter:
(1) "Commissioner" means the commissioner of the
department.
(2) "County judge" means the county judge of Harris
County.
(3) "Department" means the Department of State Health
Services.
Sec. 579.002. MENTAL HEALTH JAIL DIVERSION PILOT PROGRAM.
The department, in cooperation with the county judge, shall
establish a pilot program in Harris County to be implemented by the
county judge for the purpose of reducing recidivism and the
frequency of arrests and incarceration among persons with mental
illness in that county.
Sec. 579.003. CRIMINAL JUSTICE MENTAL HEALTH SERVICE MODEL.
The county judge shall design and test through the pilot program a
criminal justice mental health service model oriented toward
reducing the recidivism and frequency of arrests and incarceration
of persons with mental illness in the Harris County jail. The model
initially must apply the critical time intervention principle
described by Section 579.004 and must include the following
elements:
(1) low caseload management;
(2) multilevel residential services; and
(3) easy access to:
(A) integrated health, mental health, and
chemical dependency services;
(B) benefits acquisition services; and
(C) multiple rehabilitation services.
Sec. 579.004. CRITICAL TIME INTERVENTION. The pilot
program, in applying the critical time intervention principle, must
give persons with mental illness access to available social,
clinical, housing, and welfare services during the first weeks
after the person's release from jail.
Sec. 579.005. LOCAL SERVICES COORDINATION. In designing
the criminal justice mental health service model the county judge
shall seek input from and coordinate the provision of services with
the following local entities:
(1) the Harris County Sheriff's Office;
(2) the mental health division of the office of the
district attorney of Harris County;
(3) the Harris County public defender;
(4) mental health courts;
(5) specially trained law enforcement crisis
intervention teams and crisis intervention response teams;
(6) providers of competency restoration services;
(7) providers of guardianship services;
(8) providers of forensic case management;
(9) providers of assertive community treatment;
(10) providers of crisis stabilization services;
(11) providers of intensive and general supportive
housing; and
(12) providers of integrated mental health and
substance abuse inpatient, outpatient, and rehabitation services.
Sec. 579.006. PROGRAM CAPACITY. (a) In implementing the
pilot program, the county judge shall ensure the program has the
resources to provide mental health jail diversion services to not
fewer than 200 individuals.
(b) The county judge shall endeavor to serve each year the
program operates not fewer than 500 or more than 600 individuals
cumulatively.
(c) Before the county judge implements the pilot program,
the department and the county judge jointly shall establish clear
criteria for identifying a target population to be served by the
program. The criteria must prioritize serving a target population
composed of members with the highest risks of recidivism and the
most severe mental illnesses. The county judge, in consultation
with the appropriate entities listed in Section 579.005, may adjust
the criteria established under this subsection during the operation
of the program provided the adjusted criteria are clearly
articulated.
Sec. 579.007. FINANCING THE PROGRAM. (a) The creation of
the pilot program under this chapter is contingent on the
continuing agreement of the Commissioners Court of Harris County to
contribute to the program each year in which the program operates
services for persons with mental illness equivalent in value to
funding provided by the state for the program.
(b) It is the intent of the legislature that appropriations
made to fund the pilot program are made in addition to and will not
reduce the amount of appropriations made in the regular funding of
the Mental Health and Mental Retardation Authority of Harris County
or the Harris County Psychiatric Center.
(c) The Commissioners Court of Harris County may seek and
receive gifts and grants from federal sources, foundations,
individuals, and other sources for the benefit of the pilot
program.
Sec. 579.008. INSPECTIONS. The department may make
inspections of the operation of and provision of mental health jail
diversion services through the pilot program on behalf of the state
to ensure state funds appropriated for the pilot program are used
effectively.
Sec. 579.009. REPORT. (a) Not later than December 1,
2016, the commissioner shall evaluate and submit a report
concerning the effect of the pilot program in reducing recidivism
and the frequency of arrests and incarceration among persons with
mental illness in Harris County to the governor, the lieutenant
governor, the speaker of the house of representatives, and the
presiding officers of the standing committees of the senate and
house of representatives having primary jurisdiction over health
and human services issues and over criminal justice issues.
(b) The report must include a description of the features of
the criminal justice mental health service model developed and
tested under the pilot program and the commissioner's
recommendation whether to expand use of the model statewide.
(c) In conducting the evaluation required under Subsection
(a), the commissioner shall compare the rate of recidivism in
Harris County among persons in the target population before the
date the program is implemented in the community to the rate of
recidivism among those persons two years after the date the program
is implemented in the community and three years after the date the
program is implemented in the community. The commissioner may
include in the evaluation measures of the effectiveness of the
program related to the well-being of persons served under the
program.
Sec. 579.010. CONCLUSION; EXPIRATION. The pilot program
established under this chapter concludes and this chapter expires
September 1, 2017.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.