84R22927 GCB-D
By: Naishtat, Price H.B. No. 2023
Substitute the following for H.B. No. 2023:
By: Crownover C.S.H.B. No. 2023
A BILL TO BE ENTITLED
AN ACT
relating to the appointment of a forensic director responsible for
statewide coordination and oversight of forensic mental health
services overseen by the Department of State Health Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 532, Health and Safety Code, as amended
by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is
amended by adding Sections 532.0024 and 532.0025 to read as
follows:
Sec. 532.0024. FORENSIC DIRECTOR. (a) In this section:
(1) "Forensic patient" means a person with mental
illness who is:
(A) examined on the issue of competency to stand
trial by an expert appointed under Subchapter B, Chapter 46B, Code
of Criminal Procedure;
(B) found incompetent to stand trial under
Subchapter C, Chapter 46B, Code of Criminal Procedure;
(C) committed to court-ordered mental health
services under Subchapter E, Chapter 46B, Code of Criminal
Procedure; or
(D) found not guilty by reason of insanity under
Chapter 46C, Code of Criminal Procedure.
(2) "Forensic services" means a competency
examination, competency restoration services, or mental health
services provided to a current or former forensic patient in the
community or at a department facility.
(b) The commissioner shall appoint a forensic director.
(c) To be qualified for appointment as forensic director, a
person must have proven expertise in the social, health, and legal
systems for forensic patients, and in the intersection of those
systems.
(d) The forensic director reports to the commissioner and is
responsible for:
(1) statewide coordination and oversight of forensic
services;
(2) any programs operated by the department relating
to evaluation of forensic patients, transition of forensic patients
from inpatient to outpatient or community-based services,
community forensic monitoring, or forensic research and training;
and
(3) addressing issues with the delivery of forensic
services in the state, including:
(A) significant increases in populations with
serious mental illness and criminal justice system involvement;
(B) adequate availability of department
facilities for civilly committed forensic patients;
(C) wait times for forensic patients who require
competency restoration services;
(D) interruption of mental health services of
recently released forensic patients; and
(E) coordination of services provided to
forensic patients by state agencies.
Sec. 532.0025. FORENSIC WORKGROUP. (a) In this section,
"forensic patient" and "forensic services" have the meanings
assigned by Section 532.0024.
(b) The executive commissioner shall establish a workgroup
of experts and stakeholders to make recommendations concerning the
creation of a comprehensive plan for the effective coordination of
forensic services.
(c) The workgroup must have not fewer than nine members,
with the executive commissioner selecting the total number of
members at the time the executive commissioner establishes the
workgroup.
(d) The executive commissioner shall appoint as members of
the workgroup:
(1) a representative of the department;
(2) a representative of the Texas Department of
Criminal Justice;
(3) a representative of the Texas Juvenile Justice
Department;
(4) a representative of the Texas Correctional Office
on Offenders with Medical or Mental Impairments;
(5) a representative of the Sheriff's Association of
Texas;
(6) a superintendent of a state hospital with a
maximum security forensic unit;
(7) a representative of a local mental health
authority;
(8) a representative of the County Judges and
Commissioners Association;
(9) a representative of the protection and advocacy
system of this state established in accordance with 42 U.S.C.
Section 15043, appointed by the administrative head of that system;
and
(10) additional members as needed to comply with the
number of members selected by the executive commissioner, who must
be recognized experts in forensic patients or persons who represent
the interests of forensic patients, and who may be advocates,
family members, psychiatrists, psychologists, social workers,
psychiatric nurses, or representatives of hospitals licensed under
Chapter 241 or 577.
(e) In developing recommendations, the workgroup may use
information compiled by, and shall collaborate and align efforts
with, other workgroups in the state, especially workgroups for
which the focus is mental health issues.
(f) Not later than July 1, 2016, the workgroup established
under this section shall send a report describing the workgroup's
recommendations to the lieutenant governor, the speaker of the
house of representatives, and the standing committees of the senate
and the house of representatives with primary jurisdiction over
forensic services.
(g) The executive commissioner may adopt rules as necessary
to implement this section.
(h) The workgroup established under this section is
dissolved and this section expires November 1, 2019.
SECTION 2. Not later than November 1, 2015, the executive
commissioner of the Health and Human Services Commission shall:
(1) establish a forensic workgroup and shall appoint
members of that workgroup, as required by Section 532.0025, Health
and Safety Code, as added by this Act; and
(2) adopt any rules necessary for the implementation
of Section 532.0024 or 532.0025, Health and Safety Code, as added by
this Act.
SECTION 3. The commissioner of state health services shall
appoint a forensic director as required by Section 532.0024, Health
and Safety Code, as added by this Act, as soon as practicable after
the effective date of this Act.
SECTION 4. 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, 2015.