Texas 2015 - 84th Regular

Texas House Bill HB2597 Compare Versions

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1	1	84R12877 GCB-F
2	2	By: Reynolds, Zerwas, Miller of Fort Bend, H.B. No. 2597
3	3	Stephenson
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the creation of a mental health treatment for
9	9	incarceration diversion pilot program.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle C, Title 7, Health and Safety Code, is
12	12	amended by adding Chapter 580 to read as follows:
13	13	CHAPTER 580. MENTAL HEALTH TREATMENT FOR INCARCERATION DIVERSION
14	14	PILOT PROGRAM; FORT BEND COUNTY
15	15	Sec. 580.001. DEFINITIONS. In this chapter:
16	16	(1) "Commissioner" means the commissioner of the
17	17	department.
18	18	(2) "Commissioners court" means the Fort Bend County
19	19	Commissioners Court.
20	20	(3) "Department" means the Department of State Health
21	21	Services.
22	22	Sec. 580.002. MENTAL HEALTH TREATMENT FOR INCARCERATION
23	23	DIVERSION PILOT PROGRAM. The department, in cooperation with the
24	24	commissioners court, shall establish a pilot program in Fort Bend
25	25	County to be implemented by the commissioners court for the purpose
26	26	of reducing recidivism and the frequency of arrests and
27	27	incarceration among persons with mental illness in that county.
28	28	Sec. 580.003. CRIMINAL JUSTICE MENTAL HEALTH SERVICE MODEL.
29	29	The commissioners court shall design and test through the pilot
30	30	program a criminal justice mental health service model oriented
31	31	toward facilitating treatment for persons with mental illness to
32	32	reduce the recidivism and frequency of arrests and incarceration of
33	33	persons with mental illness in Fort Bend County. The model
34	34	initially must apply the critical time intervention principle
35	35	described by Section 580.004 and must include the following
36	36	elements:
37	37	(1) caseload management;
38	38	(2) multilevel residential services; and
39	39	(3) easy access to:
40	40	(A) integrated health, mental health, and
41	41	chemical dependency services;
42	42	(B) benefits acquisition services; and
43	43	(C) multiple rehabilitation services.
44	44	Sec. 580.004. CRITICAL TIME INTERVENTION. The
45	45	commissioners court, in applying the critical time intervention
46	46	principle through the pilot program, shall endeavor to give persons
47	47	with mental illness access to available social, clinical, housing,
48	48	and welfare services during the first weeks after the person's
49	49	release from jail.
50	50	Sec. 580.005. LOCAL SERVICES COORDINATION. In designing
51	51	the criminal justice mental health service model the commissioners
52	52	court shall seek input from and coordinate the provision of
53	53	services with the following local entities:
54	54	(1) the Fort Bend County Sheriff's Office;
55	55	(2) the mental health division of the office of the
56	56	district attorney of Fort Bend County;
57	57	(3) the Fort Bend County Mental Health Public
58	58	Defender's Office;
59	59	(4) mental health courts;
60	60	(5) specially trained law enforcement crisis
61	61	intervention teams and crisis intervention response teams;
62	62	(6) providers of competency restoration services;
63	63	(7) providers of guardianship services;
64	64	(8) providers of forensic case management;
65	65	(9) providers of assertive community treatment;
66	66	(10) providers of crisis stabilization services;
67	67	(11) providers of intensive and general supportive
68	68	housing; and
69	69	(12) providers of integrated mental health and
70	70	substance abuse inpatient, outpatient, and rehabitation services.
71	71	Sec. 580.006. PROGRAM CAPACITY. (a) In implementing the
72	72	pilot program, the commissioners court shall ensure the program has
73	73	the resources to provide mental health treatment for incarceration
74	74	diversion services to not fewer than 10 individuals.
75	75	(b) The commissioners court shall endeavor to serve each
76	76	year the program operates not fewer than 10 or more than 20
77	77	individuals cumulatively.
78	78	(c) Before the commissioners court implements the pilot
79	79	program, the department and the commissioners court jointly shall
80	80	establish clear criteria for identifying a target population to be
81	81	served by the program. The criteria must prioritize serving a
82	82	target population composed of members at high risk of recidivism
83	83	and with severe mental illness. The commissioners court, in
84	84	consultation with the appropriate entities listed in Section
85	85	580.005, may adjust the criteria established under this subsection
86	86	during the operation of the program provided the adjusted criteria
87	87	are clearly articulated.
88	88	Sec. 580.007. FINANCING THE PROGRAM. (a) The creation of
89	89	the pilot program under this chapter is contingent on the
90	90	continuing agreement of the commissioners court to contribute to
91	91	the program each year in which the program operates services for
92	92	persons with mental illness equivalent in value to funding provided
93	93	by the state for the program.
94	94	(b) It is the intent of the legislature that appropriations
95	95	made to fund the pilot program are made in addition to and will not
96	96	reduce the amount of appropriations made in the regular funding of
97	97	the Mental Health and Mental Retardation Authority of Fort Bend
98	98	County.
99	99	(c) The commissioners court may seek and receive gifts and
100	100	grants from federal sources, foundations, individuals, and other
101	101	sources for the benefit of the pilot program.
102	102	Sec. 580.008. INSPECTIONS. The department may make
103	103	inspections of the operation of and provision of mental health
104	104	treatment for incarceration diversion services through the pilot
105	105	program on behalf of the state to ensure state funds appropriated
106	106	for the pilot program are used effectively.
107	107	Sec. 580.009. REPORT. (a) Not later than December 1, 2018,
108	108	the commissioner shall evaluate and submit a report concerning the
109	109	effect of the pilot program in reducing recidivism and the
110	110	frequency of arrests and incarceration among persons with mental
111	111	illness in Fort Bend County to the governor, the lieutenant
112	112	governor, the speaker of the house of representatives, and the
113	113	presiding officers of the standing committees of the senate and
114	114	house of representatives having primary jurisdiction over health
115	115	and human services issues and over criminal justice issues.
116	116	(b) The report must include a description of the features of
117	117	the criminal justice mental health service model developed and
118	118	tested under the pilot program and the commissioner's
119	119	recommendation whether to expand use of the model statewide.
120	120	(c) In conducting the evaluation required under Subsection
121	121	(a), the commissioner shall compare the rate of recidivism in Fort
122	122	Bend County among persons in the target population before the date
123	123	the program is implemented in the community to the rate of
124	124	recidivism among those persons two years after the date the program
125	125	is implemented in the community and three years after the date the
126	126	program is implemented in the community. The commissioner may
127	127	include in the evaluation measures of the effectiveness of the
128	128	program related to the well-being of persons served under the
129	129	program.
130	130	Sec. 580.010. CONCLUSION; EXPIRATION. The pilot program
131	131	established under this chapter concludes and this chapter expires
132	132	September 1, 2019.
133	133	SECTION 2. This Act takes effect immediately if it receives
134	134	a vote of two-thirds of all the members elected to each house, as
135	135	provided by Section 39, Article III, Texas Constitution. If this
136	136	Act does not receive the vote necessary for immediate effect, this
137	137	Act takes effect September 1, 2015.