Texas 2015 - 84th Regular

Texas House Bill HB2023 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R22927 GCB-D
2	2	By: Naishtat, Price H.B. No. 2023
3	3	Substitute the following for H.B. No. 2023:
4	4	By: Crownover C.S.H.B. No. 2023
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the appointment of a forensic director responsible for
10	10	statewide coordination and oversight of forensic mental health
11	11	services overseen by the Department of State Health Services.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Chapter 532, Health and Safety Code, as amended
14	14	by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is
15	15	amended by adding Sections 532.0024 and 532.0025 to read as
16	16	follows:
17	17	Sec. 532.0024. FORENSIC DIRECTOR. (a) In this section:
18	18	(1) "Forensic patient" means a person with mental
19	19	illness who is:
20	20	(A) examined on the issue of competency to stand
21	21	trial by an expert appointed under Subchapter B, Chapter 46B, Code
22	22	of Criminal Procedure;
23	23	(B) found incompetent to stand trial under
24	24	Subchapter C, Chapter 46B, Code of Criminal Procedure;
25	25	(C) committed to court-ordered mental health
26	26	services under Subchapter E, Chapter 46B, Code of Criminal
27	27	Procedure; or
28	28	(D) found not guilty by reason of insanity under
29	29	Chapter 46C, Code of Criminal Procedure.
30	30	(2) "Forensic services" means a competency
31	31	examination, competency restoration services, or mental health
32	32	services provided to a current or former forensic patient in the
33	33	community or at a department facility.
34	34	(b) The commissioner shall appoint a forensic director.
35	35	(c) To be qualified for appointment as forensic director, a
36	36	person must have proven expertise in the social, health, and legal
37	37	systems for forensic patients, and in the intersection of those
38	38	systems.
39	39	(d) The forensic director reports to the commissioner and is
40	40	responsible for:
41	41	(1) statewide coordination and oversight of forensic
42	42	services;
43	43	(2) any programs operated by the department relating
44	44	to evaluation of forensic patients, transition of forensic patients
45	45	from inpatient to outpatient or community-based services,
46	46	community forensic monitoring, or forensic research and training;
47	47	and
48	48	(3) addressing issues with the delivery of forensic
49	49	services in the state, including:
50	50	(A) significant increases in populations with
51	51	serious mental illness and criminal justice system involvement;
52	52	(B) adequate availability of department
53	53	facilities for civilly committed forensic patients;
54	54	(C) wait times for forensic patients who require
55	55	competency restoration services;
56	56	(D) interruption of mental health services of
57	57	recently released forensic patients; and
58	58	(E) coordination of services provided to
59	59	forensic patients by state agencies.
60	60	Sec. 532.0025. FORENSIC WORKGROUP. (a) In this section,
61	61	"forensic patient" and "forensic services" have the meanings
62	62	assigned by Section 532.0024.
63	63	(b) The executive commissioner shall establish a workgroup
64	64	of experts and stakeholders to make recommendations concerning the
65	65	creation of a comprehensive plan for the effective coordination of
66	66	forensic services.
67	67	(c) The workgroup must have not fewer than nine members,
68	68	with the executive commissioner selecting the total number of
69	69	members at the time the executive commissioner establishes the
70	70	workgroup.
71	71	(d) The executive commissioner shall appoint as members of
72	72	the workgroup:
73	73	(1) a representative of the department;
74	74	(2) a representative of the Texas Department of
75	75	Criminal Justice;
76	76	(3) a representative of the Texas Juvenile Justice
77	77	Department;
78	78	(4) a representative of the Texas Correctional Office
79	79	on Offenders with Medical or Mental Impairments;
80	80	(5) a representative of the Sheriff's Association of
81	81	Texas;
82	82	(6) a superintendent of a state hospital with a
83	83	maximum security forensic unit;
84	84	(7) a representative of a local mental health
85	85	authority;
86	86	(8) a representative of the County Judges and
87	87	Commissioners Association;
88	88	(9) a representative of the protection and advocacy
89	89	system of this state established in accordance with 42 U.S.C.
90	90	Section 15043, appointed by the administrative head of that system;
91	91	and
92	92	(10) additional members as needed to comply with the
93	93	number of members selected by the executive commissioner, who must
94	94	be recognized experts in forensic patients or persons who represent
95	95	the interests of forensic patients, and who may be advocates,
96	96	family members, psychiatrists, psychologists, social workers,
97	97	psychiatric nurses, or representatives of hospitals licensed under
98	98	Chapter 241 or 577.
99	99	(e) In developing recommendations, the workgroup may use
100	100	information compiled by, and shall collaborate and align efforts
101	101	with, other workgroups in the state, especially workgroups for
102	102	which the focus is mental health issues.
103	103	(f) Not later than July 1, 2016, the workgroup established
104	104	under this section shall send a report describing the workgroup's
105	105	recommendations to the lieutenant governor, the speaker of the
106	106	house of representatives, and the standing committees of the senate
107	107	and the house of representatives with primary jurisdiction over
108	108	forensic services.
109	109	(g) The executive commissioner may adopt rules as necessary
110	110	to implement this section.
111	111	(h) The workgroup established under this section is
112	112	dissolved and this section expires November 1, 2019.
113	113	SECTION 2. Not later than November 1, 2015, the executive
114	114	commissioner of the Health and Human Services Commission shall:
115	115	(1) establish a forensic workgroup and shall appoint
116	116	members of that workgroup, as required by Section 532.0025, Health
117	117	and Safety Code, as added by this Act; and
118	118	(2) adopt any rules necessary for the implementation
119	119	of Section 532.0024 or 532.0025, Health and Safety Code, as added by
120	120	this Act.
121	121	SECTION 3. The commissioner of state health services shall
122	122	appoint a forensic director as required by Section 532.0024, Health
123	123	and Safety Code, as added by this Act, as soon as practicable after
124	124	the effective date of this Act.
125	125	SECTION 4. This Act takes effect immediately if it receives
126	126	a vote of two-thirds of all the members elected to each house, as
127	127	provided by Section 39, Article III, Texas Constitution. If this
128	128	Act does not receive the vote necessary for immediate effect, this
129	129	Act takes effect September 1, 2015.