Texas 2013 - 83rd Regular

Texas Senate Bill SB1185 Compare Versions

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1	1	By: Huffman, et al. S.B. No. 1185
2	2	(Thompson of Harris)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of a mental health jail diversion pilot
8	8	program.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle C, Title 7, Health and Safety Code, is
11	11	amended by adding Chapter 579 to read as follows:
12	12	CHAPTER 579. MENTAL HEALTH JAIL DIVERSION PILOT PROGRAM; HARRIS
13	13	COUNTY
14	14	Sec. 579.001. DEFINITIONS. In this chapter:
15	15	(1) "Commissioner" means the commissioner of the
16	16	department.
17	17	(2) "County judge" means the county judge of Harris
18	18	County.
19	19	(3) "Department" means the Department of State Health
20	20	Services.
21	21	Sec. 579.002. MENTAL HEALTH JAIL DIVERSION PILOT PROGRAM.
22	22	The department, in cooperation with the county judge, shall
23	23	establish a pilot program in Harris County to be implemented by the
24	24	county judge for the purpose of reducing recidivism and the
25	25	frequency of arrests and incarceration among persons with mental
26	26	illness in that county.
27	27	Sec. 579.003. CRIMINAL JUSTICE MENTAL HEALTH SERVICE MODEL.
28	28	The county judge shall design and test through the pilot program a
29	29	criminal justice mental health service model oriented toward
30	30	reducing the recidivism and frequency of arrests and incarceration
31	31	of persons with mental illness in the Harris County jail. The model
32	32	initially must apply the critical time intervention principle
33	33	described by Section 579.004 and must include the following
34	34	elements:
35	35	(1) low caseload management;
36	36	(2) multilevel residential services; and
37	37	(3) easy access to:
38	38	(A) integrated health, mental health, and
39	39	chemical dependency services;
40	40	(B) benefits acquisition services; and
41	41	(C) multiple rehabilitation services.
42	42	Sec. 579.004. CRITICAL TIME INTERVENTION. The pilot
43	43	program, in applying the critical time intervention principle, must
44	44	give persons with mental illness access to available social,
45	45	clinical, housing, and welfare services during the first weeks
46	46	after the person's release from jail.
47	47	Sec. 579.005. LOCAL SERVICES COORDINATION. In designing
48	48	the criminal justice mental health service model the county judge
49	49	shall seek input from and coordinate the provision of services with
50	50	the following local entities:
51	51	(1) the Harris County Sheriff's Office;
52	52	(2) the mental health division of the office of the
53	53	district attorney of Harris County;
54	54	(3) the Harris County public defender;
55	55	(4) mental health courts;
56	56	(5) specially trained law enforcement crisis
57	57	intervention teams and crisis intervention response teams;
58	58	(6) providers of competency restoration services;
59	59	(7) providers of guardianship services;
60	60	(8) providers of forensic case management;
61	61	(9) providers of assertive community treatment;
62	62	(10) providers of crisis stabilization services;
63	63	(11) providers of intensive and general supportive
64	64	housing; and
65	65	(12) providers of integrated mental health and
66	66	substance abuse inpatient, outpatient, and rehabitation services.
67	67	Sec. 579.006. PROGRAM CAPACITY. (a) In implementing the
68	68	pilot program, the county judge shall ensure the program has the
69	69	resources to provide mental health jail diversion services to not
70	70	fewer than 200 individuals.
71	71	(b) The county judge shall endeavor to serve each year the
72	72	program operates not fewer than 500 or more than 600 individuals
73	73	cumulatively.
74	74	(c) Before the county judge implements the pilot program,
75	75	the department and the county judge jointly shall establish clear
76	76	criteria for identifying a target population to be served by the
77	77	program. The criteria must prioritize serving a target population
78	78	composed of members with the highest risks of recidivism and the
79	79	most severe mental illnesses. The county judge, in consultation
80	80	with the appropriate entities listed in Section 579.005, may adjust
81	81	the criteria established under this subsection during the operation
82	82	of the program provided the adjusted criteria are clearly
83	83	articulated.
84	84	Sec. 579.007. FINANCING THE PROGRAM. (a) The creation of
85	85	the pilot program under this chapter is contingent on the
86	86	continuing agreement of the Commissioners Court of Harris County to
87	87	contribute to the program each year in which the program operates
88	88	services for persons with mental illness equivalent in value to
89	89	funding provided by the state for the program.
90	90	(b) It is the intent of the legislature that appropriations
91	91	made to fund the pilot program are made in addition to and will not
92	92	reduce the amount of appropriations made in the regular funding of
93	93	the Mental Health and Mental Retardation Authority of Harris County
94	94	or the Harris County Psychiatric Center.
95	95	(c) The Commissioners Court of Harris County may seek and
96	96	receive gifts and grants from federal sources, foundations,
97	97	individuals, and other sources for the benefit of the pilot
98	98	program.
99	99	Sec. 579.008. INSPECTIONS. The department may make
100	100	inspections of the operation of and provision of mental health jail
101	101	diversion services through the pilot program on behalf of the state
102	102	to ensure state funds appropriated for the pilot program are used
103	103	effectively.
104	104	Sec. 579.009. REPORT. (a) Not later than December 1,
105	105	2016, the commissioner shall evaluate and submit a report
106	106	concerning the effect of the pilot program in reducing recidivism
107	107	and the frequency of arrests and incarceration among persons with
108	108	mental illness in Harris County to the governor, the lieutenant
109	109	governor, the speaker of the house of representatives, and the
110	110	presiding officers of the standing committees of the senate and
111	111	house of representatives having primary jurisdiction over health
112	112	and human services issues and over criminal justice issues.
113	113	(b) The report must include a description of the features of
114	114	the criminal justice mental health service model developed and
115	115	tested under the pilot program and the commissioner's
116	116	recommendation whether to expand use of the model statewide.
117	117	(c) In conducting the evaluation required under Subsection
118	118	(a), the commissioner shall compare the rate of recidivism in
119	119	Harris County among persons in the target population before the
120	120	date the program is implemented in the community to the rate of
121	121	recidivism among those persons two years after the date the program
122	122	is implemented in the community and three years after the date the
123	123	program is implemented in the community. The commissioner may
124	124	include in the evaluation measures of the effectiveness of the
125	125	program related to the well-being of persons served under the
126	126	program.
127	127	Sec. 579.010. CONCLUSION; EXPIRATION. The pilot program
128	128	established under this chapter concludes and this chapter expires
129	129	September 1, 2017.
130	130	SECTION 2. This Act takes effect immediately if it receives
131	131	a vote of two-thirds of all the members elected to each house, as
132	132	provided by Section 39, Article III, Texas Constitution. If this
133	133	Act does not receive the vote necessary for immediate effect, this
134	134	Act takes effect September 1, 2013.