Texas 2013 - 83rd Regular

Texas Senate Bill SB36

Filed
11/12/12  
Out of Senate Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the detention and transportation of a person with a mental illness.

Impact

By restricting the detention of mentally ill individuals in jails, SB36 seeks to address the criticisms surrounding the treatment of mental health patients. It mandates that persons detained under this legislation should not be held alongside criminal detainees, thereby reducing the risk of trauma and promoting better care for individuals experiencing mental health crises. The bill also introduces a reporting requirement, establishing accountability for officials involved in these detentions, which serves to improve oversight and potentially enhance mental health resource allocation.

Summary

Senate Bill 36 (SB36) focuses on the procedural aspects concerning the detention and transportation of individuals with mental health issues in Texas. The bill aims to amend certain sections of the Health and Safety Code, specifically targeting the conditions under which a person can be detained in jails or similar facilities. Notably, it emphasizes that such detentions should only occur during extreme emergencies, such as hazardous weather or disasters, and for a limited period, thus ensuring the safety of individuals facing mental health challenges.

Contention

While proponents of SB36 argue that it represents a significant step toward improving the care of mentally ill individuals within the justice system, some critics may be concerned about the practical implementation of these stipulations. Law enforcement and detention center staff might require additional training and resources to effectively manage mental health situations without resorting to detention in jails. Furthermore, the definitions of what constitutes an 'extreme emergency' may be subject to interpretation, potentially leading to inconsistencies in application across jurisdictions.

Companion Bills

No companion bills found.

Previously Filed As

TX HB2506

Relating to procedures applicable to the emergency detention of a person with mental illness at a mental health facility, including the detention, transportation, and transfer of the person and to certain best practices for courts with jurisdiction over emergency mental health matters.

TX HB4009

Relating to procedures applicable to the emergency detention of a person with mental illness at a mental health facility, including the detention, transportation, and transfer of the person and to certain best practices for courts with jurisdiction over emergency mental health matters.

TX SB1433

Relating to procedures for the emergency detention of certain persons with mental illness.

TX HB2507

Relating to procedures for the emergency detention of certain persons with mental illness.

TX SB1624

Relating to guardianships and services for incapacitated persons and to the emergency detention of certain persons with mental illness.

TX SB2287

Relating to the authority of a peace officer to apprehend a person for emergency detention and the authority of certain facilities and physicians to temporarily detain a person with mental illness.

TX HB3904

Relating to emergency detention by a physician of certain persons with mental illness for preliminary examination at a facility.

TX HB5210

Relating to the authority of a peace officer to apprehend a person for emergency detention and the authority of certain facilities and professionals to temporarily detain a person with mental illness.

TX HB5088

Relating to procedures regarding certain persons who are or may be persons with a mental illness or intellectual disability.

TX SB2479

Relating to procedures regarding certain persons who are or may be persons with a mental illness or intellectual disability.

Similar Bills

No similar bills found.