Texas 2013 - 83rd Regular

Texas Senate Bill SB1475 Compare Versions

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1	1	By: Duncan S.B. No. 1475
2	2	(Zerwas)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a jail-based restoration of competency pilot program.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Article 46B.073, Code of Criminal Procedure, is
10	10	amended by adding Subsection (e) to read as follows:
11	11	(e) Notwithstanding Subsections (b), (c), and (d) and
12	12	notwithstanding the contents of the applicable order of commitment,
13	13	in a county in which the department operates a jail-based
14	14	restoration of competency pilot program under Article 46B.090, a
15	15	defendant for whom an order is issued under this article committing
16	16	the defendant to a mental health facility or residential care
17	17	facility shall be provided competency restoration services at the
18	18	jail under the pilot program if the service provider at the jail
19	19	determines the defendant will immediately begin to receive
20	20	services. If the service provider at the jail determines the
21	21	defendant will not immediately begin to receive competency
22	22	restoration services, the defendant shall be transferred to the
23	23	appropriate mental health facility or residential care facility as
24	24	provided by the court order. This subsection expires September 1,
25	25	2017.
26	26	SECTION 2. Subchapter D, Chapter 46B, Code of Criminal
27	27	Procedure, is amended by adding Article 46B.090 to read as follows:
28	28	Art. 46B.090. JAIL-BASED RESTORATION OF COMPETENCY PILOT
29	29	PROGRAM. (a) If the legislature appropriates to the department
30	30	the funding necessary for the department to operate a jail-based
31	31	restoration of competency pilot program as described by this
32	32	article, the department shall develop and implement the pilot
33	33	program in one or two counties in this state that choose to
34	34	participate in the pilot program. In developing the pilot program,
35	35	the department shall coordinate and allow for input from each
36	36	participating county.
37	37	(b) The department shall contract with a provider of
38	38	jail-based competency restoration services to provide services
39	39	under the pilot program if the department develops a pilot program
40	40	under this article.
41	41	(c) Not later than November 1, 2013, the commissioner of the
42	42	department, in consultation with a stakeholder workgroup
43	43	established by the department as provided by Subsection (d), shall
44	44	adopt rules as necessary to implement the pilot program. In
45	45	adopting rules under this article, the commissioner shall specify
46	46	the types of information the department must collect during the
47	47	operation of the pilot program for use in evaluating the outcome of
48	48	the pilot program.
49	49	(d) The commissioner of the department shall establish a
50	50	stakeholder workgroup to participate in developing and
51	51	establishing rules for the pilot program. The stakeholder
52	52	workgroup must be composed of:
53	53	(1) one member who is a sheriff;
54	54	(2) one member who represents a local mental health
55	55	authority;
56	56	(3) one member who is a county commissioner, county
57	57	judge, or elected county officer;
58	58	(4) one member who is a district attorney or county
59	59	attorney with criminal jurisdiction;
60	60	(5) one member who is a defense attorney;
61	61	(6) one member who is a judge of a district criminal
62	62	court or county criminal court;
63	63	(7) two members who are mental health advocates; and
64	64	(8) any other member the department considers
65	65	appropriate to appoint to the stakeholder workgroup.
66	66	(e) This subsection and Subsection (d) expire not later than
67	67	the 30th day after the date rules are adopted under Subsection (c).
68	68	(f) To contract with the department under Subsection (b), a
69	69	provider of jail-based competency restoration services must
70	70	demonstrate to the department that:
71	71	(1) the provider:
72	72	(A) has previously provided jail-based
73	73	competency restoration services for one or more years; or
74	74	(B) is a local mental health authority that has
75	75	previously provided competency restoration services;
76	76	(2) the provider's jail-based competency restoration
77	77	program:
78	78	(A) uses a multidisciplinary treatment team to
79	79	provide clinical treatment that is:
80	80	(i) directed toward the specific objective
81	81	of restoring the defendant's competency to stand trial; and
82	82	(ii) similar to the clinical treatment
83	83	provided as part of a competency restoration program at an
84	84	inpatient mental health facility;
85	85	(B) employs or contracts for the services of at
86	86	least one psychiatrist;
87	87	(C) assigns staff members to defendants
88	88	participating in the program at an average ratio not lower than 3.7
89	89	to 1; and
90	90	(D) provides weekly treatment hours commensurate
91	91	to the treatment hours provided as part of a competency restoration
92	92	program at an inpatient mental health facility;
93	93	(3) the provider is certified by a nationwide
94	94	nonprofit organization that accredits health care organizations
95	95	and programs, such as the Joint Commission on Health Care Staffing
96	96	Services, or the provider is a local mental health authority in good
97	97	standing with the department; and
98	98	(4) the provider has a demonstrated history of
99	99	successful jail-based competency restoration outcomes or, if the
100	100	provider is a local mental health authority, a demonstrated history
101	101	of successful competency restoration outcomes.
102	102	(g) A contract under Subsection (b) must require the
103	103	designated provider to collect and submit to the department the
104	104	information specified by rules adopted under Subsection (c).
105	105	(h) The designated provider shall enter into a contract with
106	106	the participating county or counties. The contract must require
107	107	the participating county or counties to:
108	108	(1) ensure the safety of defendants who participate in
109	109	the jail-based restoration of competency pilot program;
110	110	(2) designate a separate space in the jail for the
111	111	provider to conduct the pilot program;
112	112	(3) provide the same basic care to the participants as
113	113	is provided to other inmates of a jail; and
114	114	(4) supply clinically appropriate psychoactive
115	115	medications to the mental health service provider for purposes of
116	116	administering court-ordered medication to the participants in
117	117	accordance with Article 46B.086 of this code and Section 574.106,
118	118	Health and Safety Code.
119	119	(i) The psychiatrist for the provider shall conduct at least
120	120	two full psychiatric evaluations of the defendant during the period
121	121	the defendant receives competency restoration services in the jail.
122	122	The psychiatrist must conduct one evaluation not later than the
123	123	21st day and one evaluation not later than the 55th day after the
124	124	date the defendant begins to participate in the pilot program. The
125	125	psychiatrist shall submit to the court a report concerning each
126	126	evaluation required under this subsection.
127	127	(j) If at any time during a defendant's participation in the
128	128	jail-based restoration of competency pilot program the
129	129	psychiatrist for the provider determines that the defendant has
130	130	attained competency to stand trial:
131	131	(1) the psychiatrist for the provider shall promptly
132	132	issue and send to the court a report demonstrating that fact; and
133	133	(2) the court shall consider that report as the report
134	134	of an expert stating an opinion that the defendant has been restored
135	135	to competency for purposes of Article 46B.0755(a) or (b).
136	136	(k) If at any time during a defendant's participation in the
137	137	jail-based restoration of competency pilot program the
138	138	psychiatrist for the provider determines that the defendant's
139	139	competency to stand trial is unlikely to be restored in the
140	140	foreseeable future:
141	141	(1) the psychiatrist for the provider shall promptly
142	142	issue and send to the court a report demonstrating that fact; and
143	143	(2) the court shall:
144	144	(A) proceed under Subchapter E or F and order the
145	145	transfer of the defendant, without unnecessary delay, to the first
146	146	available facility that is appropriate for that defendant, as
147	147	provided under Subchapter E or F, as applicable; or
148	148	(B) release the defendant on bail as permitted
149	149	under Chapter 17.
150	150	(l) If the psychiatrist for the provider determines that a
151	151	defendant ordered to participate in the pilot program has not been
152	152	restored to competency by the end of the 60th day after the date the
153	153	defendant began to participate in the pilot program:
154	154	(1) for a defendant charged with a felony, the
155	155	defendant shall be transferred, without unnecessary delay and for
156	156	the remainder of the period prescribed by Article 46B.073(b), to
157	157	the first available facility that is appropriate for that defendant
158	158	as provided by Article 46B.073(c) or (d); and
159	159	(2) for a defendant charged with a misdemeanor, the
160	160	court may:
161	161	(A) order a single extension under Article
162	162	46B.080 and the transfer of the defendant without unnecessary delay
163	163	to the appropriate mental health facility or residential care
164	164	facility as provided by Article 46B.073(d) for the remainder of the
165	165	period under the extension;
166	166	(B) proceed under Subchapter E or F;
167	167	(C) release the defendant on bail as permitted
168	168	under Chapter 17; or
169	169	(D) dismiss the charges in accordance with
170	170	Article 46B.010.
171	171	(m) Unless otherwise provided by this article, the
172	172	provisions of this chapter, including the maximum periods
173	173	prescribed by Article 46B.0095, apply to a defendant receiving
174	174	competency restoration services under the pilot program in the same
175	175	manner as those provisions apply to any other defendant who is
176	176	subject to proceedings under this chapter.
177	177	(n) If the department develops and implements a jail-based
178	178	restoration of competency pilot program under this article, not
179	179	later than December 1, 2016, the commissioner of the department
180	180	shall submit a report concerning the pilot program to the presiding
181	181	officers of the standing committees of the senate and house of
182	182	representatives having primary jurisdiction over health and human
183	183	services issues and over criminal justice issues. The report must
184	184	include the information collected by the department during the
185	185	pilot program and the commissioner's evaluation of the outcome of
186	186	the program as of the date the report is submitted.
187	187	(o) This article expires September 1, 2017.
188	188	SECTION 3. The change in law made by this Act applies only
189	189	to a defendant against whom proceedings have not been initiated
190	190	under Chapter 46B, Code of Criminal Procedure, as amended by this
191	191	Act, before the effective date of this Act. The determination of
192	192	incompetency for a defendant against whom proceedings have been
193	193	initiated under Chapter 46B, Code of Criminal Procedure, before the
194	194	effective date of this Act is covered by the law in effect when the
195	195	proceedings were initiated, and the former law is continued in
196	196	effect for that purpose.
197	197	SECTION 4. This Act takes effect September 1, 2013.