Texas 2017 - 85th Regular

Texas House Bill HB12 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	85R18826 LHC-F
2		-	By: Price, Murr, Moody, Coleman, White H.B. No. 12
3		-	Substitute the following for H.B. No. 12:
4		-	By: Price C.S.H.B. No. 12
	1	+	By: Price, Murr, Moody, Coleman, White, H.B. No. 12
	2	+	et al.
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to individuals who are or may be persons with a mental
10	8		illness or an intellectual disability and who are or have been
11	9		involved with the court system.
12	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	11		SECTION 1. Article 15.17, Code of Criminal Procedure, is
14	12		amended by adding Subsection (a-1) to read as follows:
15	13		(a-1) If a magistrate is provided written or electronic
16	14		notice of credible information that may establish reasonable cause
17	15		to believe that a person brought before the magistrate has a mental
18	16		illness or is a person with an intellectual disability, the
19	17		magistrate shall conduct the proceedings described by Article 16.22
20	18		or 17.032, as appropriate.
21	19		SECTION 2. Article 16.22, Code of Criminal Procedure, is
22	20		amended to read as follows:
23	21		Art. 16.22. EARLY IDENTIFICATION OF DEFENDANT SUSPECTED OF
24	22		HAVING MENTAL ILLNESS OR INTELLECTUAL DISABILITY [MENTAL
25	23		RETARDATION]. (a)(1) Not later than four [72] hours after the
26	24		sheriff or municipal jailer having custody of a defendant for an
27	25		offense punishable as a Class B misdemeanor or any higher category
28	26		of offense receives [receiving] credible information that may
29	27		establish reasonable cause to believe that the [a] defendant
30	28		[committed to the sheriff's custody] has a mental illness or is a
31	29		person with an intellectual disability [mental retardation,
32	30		including observation of the defendant's behavior immediately
33	31		before, during, and after the defendant's arrest and the results of
34	32		any previous assessment of the defendant], the sheriff or municipal
35	33		jailer shall provide written or electronic notice [of the
36	34		information] to the magistrate. The notice must include any
37	35		information related to the sheriff's or municipal jailer's
38	36		determination, such as information regarding the defendant's
39	37		behavior immediately before, during, and after the defendant's
40	38		arrest and, if applicable, the results of any previous assessment
41	39		of the defendant. On a determination that there is reasonable cause
42	40		to believe that the defendant has a mental illness or is a person
43	41		with an intellectual disability [mental retardation], the
44	42		magistrate, except as provided by Subdivision (2), shall order the
45	43		local mental health [or mental retardation] authority, the local
46	44		intellectual and developmental disability authority, or another
47	45		qualified mental health or intellectual disability [mental
48	46		retardation] expert to:
49	47		(A) collect information regarding whether the
50	48		defendant has a mental illness as defined by Section 571.003,
51	49		Health and Safety Code, or is a person with an intellectual
52	50		disability [mental retardation] as defined by Section 591.003,
53	51		Health and Safety Code, including, if applicable, information
54	52		obtained from any previous assessment of the defendant and
55	53		information regarding any previously recommended treatment; and
56	54		(B) provide to the magistrate a written
57	55		assessment of the information collected under Paragraph (A) on the
58	56		form approved by the Texas Correctional Office on Offenders with
59	57		Medical or Mental Impairments under Section 614.0032(b)(2), Health
60	58		and Safety Code.
61	59		(2) The magistrate is not required to order the
62	60		collection of information under Subdivision (1) if the defendant in
63	61		the year preceding the defendant's applicable date of arrest has
64	62		been determined to have a mental illness or to be a person with an
65	63		intellectual disability [mental retardation] by the local mental
66	64		health [or mental retardation] authority, the local intellectual
67	65		and developmental disability authority, or another mental health or
68	66		intellectual disability [mental retardation] expert described by
69	67		Subdivision (1). A court that elects to use the results of that
70	68		previous determination may proceed under Subsection (c).
71	69		(3) If the defendant fails or refuses to submit to the
72	70		collection of information regarding the defendant as required under
73	71		Subdivision (1), the magistrate may order the defendant to submit
74	72		to an examination in a jail or in another place [mental health
75	73		facility] determined to be appropriate by the local mental health
76	74		[or mental retardation] authority or local intellectual and
77	75		developmental disability authority for a reasonable period not to
78	76		exceed 48 hours [21 days]. If applicable, the [The magistrate may
79	77		order a defendant to a facility operated by the Department of State
80	78		Health Services or the Department of Aging and Disability Services
81	79		for examination only on request of the local mental health or mental
82	80		retardation authority and with the consent of the head of the
83	81		facility. If a defendant who has been ordered to a facility
84	82		operated by the Department of State Health Services or the
85	83		Department of Aging and Disability Services for examination remains
86	84		in the facility for a period exceeding 21 days, the head of that
87	85		facility shall cause the defendant to be immediately transported to
88	86		the committing court and placed in the custody of the sheriff of the
89	87		county in which the committing court is located. That] county in
90	88		which the committing court is located shall reimburse the local
91	89		mental health authority or local intellectual and developmental
92	90		disability authority [facility] for the mileage and per diem
93	91		expenses of the personnel required to transport the defendant,
94	92		calculated in accordance with the state travel regulations in
95	93		effect at the time.
96	94		(b) Except as otherwise permitted by the magistrate for good
97	95		cause shown, a [A] written assessment of the information collected
98	96		under Subsection (a)(1)(A) shall be provided to the magistrate:
99	97		(1) for a defendant held in custody, not later than 72
100	98		hours after the time an order was issued under Subsection (a); or
101	99		(2) for a defendant released from custody, not later
102	100		than the 30th day after the date an [of any] order was issued under
103	101		Subsection (a).
104	102		(b-1) The [in a felony case and not later than the 10th day
105	103		after the date of any order issued under that subsection in a
106	104		misdemeanor case, and the] magistrate shall provide copies of the
107	105		written assessment to the defense counsel, the [prosecuting]
108	106		attorney representing the state, and the trial court. The written
109	107		assessment must include a description of the procedures used in the
110	108		collection of information under Subsection (a)(1)(A) and the
111	109		applicable expert's observations and findings pertaining to:
112	110		(1) whether the defendant is a person who has a mental
113	111		illness or is a person with an intellectual disability [mental
114	112		retardation];
115	113		(2) whether there is clinical evidence to support a
116	114		belief that the defendant may be incompetent to stand trial and
117	115		should undergo a complete competency examination under Subchapter
118	116		B, Chapter 46B; and
119	117		(3) any appropriate or recommended treatment or
120	118		service.
121	119		(c) After the trial court receives the applicable expert's
122	120		written assessment relating to the defendant under Subsection (b-1)
123	121		[(b)] or elects to use the results of a previous determination as
124	122		described by Subsection (a)(2), the trial court may, as applicable:
125	123		(1) resume criminal proceedings against the
126	124		defendant, including any appropriate proceedings related to the
127	125		defendant's release on personal bond under Article 17.032 if the
128	126		defendant is being held in custody;
129	127		(2) resume or initiate competency proceedings, if
130	128		required, as provided by Chapter 46B or other proceedings affecting
131	129		the defendant's receipt of appropriate court-ordered mental health
132	130		or intellectual disability [mental retardation] services,
133	131		including proceedings related to the defendant's receipt of
134	132		outpatient mental health services under Section 574.034, Health and
135	133		Safety Code; [or]
136	134		(3) consider the written assessment during the
137	135		punishment phase after a conviction of the offense for which the
138	136		defendant was arrested, as part of a presentence investigation
139	137		report, or in connection with the impositions of conditions
140	138		following placement on community supervision, including deferred
141	139		adjudication community supervision; or
142	140		(4) refer the defendant to an appropriate specialty
143	141		court established or operated under Subtitle K, Title 2, Government
144	142		Code.
145	143		(d) This article does not prevent the applicable court from,
146	144		before, during, or after the collection of information regarding
147	145		the defendant as described by this article:
148	146		(1) releasing a defendant who has a mental illness
149	147		[mentally ill] or is a person with an intellectual disability
150	148		[mentally retarded defendant] from custody on personal or surety
151	149		bond, including imposing as a condition of release that the
152	150		defendant submit to an examination or other assessment; or
153	151		(2) ordering an examination regarding the defendant's
154	152		competency to stand trial.
155	153		(e) The magistrate shall submit to the Office of Court
156	154		Administration of the Texas Judicial System on a monthly basis the
157	155		number of written assessments provided to the court under
158	156		Subsection (a)(1)(B).
159	157		SECTION 3. Articles 17.032(a), (b), (c), and (d), Code of
160	158		Criminal Procedure, are amended to read as follows:
161	159		(a) In this article, "violent offense" means an offense
162	160		under the following sections of the Penal Code:
163	161		(1) Section 19.02 (murder);
164	162		(2) Section 19.03 (capital murder);
165	163		(3) Section 20.03 (kidnapping);
166	164		(4) Section 20.04 (aggravated kidnapping);
167	165		(5) Section 21.11 (indecency with a child);
168	166		(6) Section 22.01(a)(1) (assault), if the offense
169	167		involved family violence as defined by Section 71.004, Family Code;
170	168		(7) Section 22.011 (sexual assault);
171	169		(8) Section 22.02 (aggravated assault);
172	170		(9) Section 22.021 (aggravated sexual assault);
173	171		(10) Section 22.04 (injury to a child, elderly
174	172		individual, or disabled individual);
175	173		(11) Section 29.03 (aggravated robbery);
176	174		(12) Section 21.02 (continuous sexual abuse of young
177	175		child or children); or
178	176		(13) Section 20A.03 (continuous trafficking of
179	177		persons).
180	178		(b) Notwithstanding Article 17.03(b), or a bond schedule
181	179		adopted or a standing order entered by a judge, a [A] magistrate
182	180		shall release a defendant on personal bond unless good cause is
183	181		shown otherwise if [the]:
184	182		(1) the defendant is not charged with and has not been
185	183		previously convicted of a violent offense;
186	184		(2) the defendant is examined by the local mental
187	185		health [or mental retardation] authority, the local intellectual
188	186		and developmental disability authority, or another qualified
189	187		mental health or intellectual disability expert under Article 16.22
190	188		[of this code];
191	189		(3) the applicable expert, in a written assessment
192	190		submitted to the magistrate under Article 16.22:
193	191		(A) concludes that the defendant has a mental
194	192		illness or is a person with an intellectual disability [mental
195	193		retardation] and is nonetheless competent to stand trial; and
196	194		(B) recommends mental health treatment for the
197	195		defendant; [and]
198	196		(4) the magistrate determines, in consultation with
199	197		the local mental health [or mental retardation] authority or local
200	198		intellectual and developmental disability authority, that
201	199		appropriate community-based mental health or intellectual
202	200		disability [mental retardation] services for the defendant are
203	201		available in accordance with [through the Texas Department of
204	202		Mental Health and Mental Retardation under] Section 534.053 or
205	203		534.103, Health and Safety Code, or through another mental health
206	204		or intellectual disability [mental retardation] services provider;
207	205		and
208	206		(5) the magistrate finds, after considering all the
209	207		circumstances, a pretrial risk assessment, if applicable, and any
210	208		other credible information provided by the attorney representing
211	209		the state or the defendant, that release on personal bond would
212	210		reasonably ensure the defendant's appearance in court as required
213	211		and the safety of the community and the victim of the alleged
214	212		offense.
215	213		(c) The magistrate, unless good cause is shown for not
216	214		requiring treatment, shall require as a condition of release on
217	215		personal bond under this article that the defendant submit to
218	216		outpatient or inpatient mental health or intellectual disability
219	217		[mental retardation] treatment as recommended by the local mental
220	218		health [or mental retardation] authority, the local intellectual
221	219		and developmental disability authority, or another qualified
222	220		mental health or intellectual disability expert if the defendant's:
223	221		(1) mental illness or intellectual disability [mental
224	222		retardation] is chronic in nature; or
225	223		(2) ability to function independently will continue to
226	224		deteriorate if the defendant is not treated.
227	225		(d) In addition to a condition of release imposed under
228	226		Subsection (c) [of this article], the magistrate may require the
229	227		defendant to comply with other conditions that are reasonably
230	228		necessary to ensure the defendant's appearance in court as required
231	229		and the safety of [protect] the community and the victim of the
232	230		alleged offense.
233	231		SECTION 4. Article 32A.01, Code of Criminal Procedure, is
234	232		amended by amending Subsection (a) and adding Subsection (c) to
235	233		read as follows:
236	234		(a) Insofar as is practicable, the trial of a criminal
237	235		action shall be given preference over trials of civil cases, and the
238	236		trial of a criminal action against a defendant who is detained in
239	237		jail pending trial of the action shall be given preference over
240	238		trials of other criminal actions not described by Subsection (b) or
241	239		(c).
242	240		(c) Except as provided by Subsection (b), the trial of a
243	241		criminal action against a defendant who has been determined to be
244	242		restored to competency under Article 46B.084 shall be given
245	243		preference over other matters before the court, whether civil or
246	244		criminal.
247	245		SECTION 5. Article 46B.001, Code of Criminal Procedure, is
248	246		amended by adding Subdivision (9) to read as follows:
249	247		(9) "Competency restoration" means the treatment or
250	248		education process for restoring a person's ability to consult with
251	249		the person's attorney with a reasonable degree of rational
252	250		understanding and a rational and factual understanding of the court
253	251		proceedings and charges against the person.
254	252		SECTION 6. The heading to Article 46B.0095, Code of
255	253		Criminal Procedure, is amended to read as follows:
256	254		Art. 46B.0095. MAXIMUM PERIOD OF COMMITMENT OR [OUTPATIENT
257	255		TREATMENT] PROGRAM PARTICIPATION DETERMINED BY MAXIMUM TERM FOR
258	256		OFFENSE.
259	257		SECTION 7. Articles 46B.0095(a), (b), (c), and (d), Code of
260	258		Criminal Procedure, are amended to read as follows:
261	259		(a) A defendant may not, under Subchapter D or E or any other
262	260		provision of this chapter, be committed to a mental hospital or
263	261		other inpatient or residential facility or to a jail-based
264	262		competency restoration program, ordered to participate in an
265	263		outpatient competency restoration [treatment] program, or
266	264		subjected to any combination of [both] inpatient, [and] outpatient,
267	265		or jail-based competency restoration program participation
268	266		[treatment] for a cumulative period that exceeds the maximum term
269	267		provided by law for the offense for which the defendant was to be
270	268		tried, except that if the defendant is charged with a misdemeanor
271	269		and has been ordered only to participate in an outpatient
272	270		competency restoration or treatment program under Subchapter D or
273	271		E, the maximum period of restoration is two years.
274	272		(b) On expiration of the maximum restoration period under
275	273		Subsection (a), the mental hospital, [or other inpatient or
276	274		residential] facility, or [outpatient treatment] program provider
277	275		identified in the most recent order of commitment or order of
278	276		outpatient competency restoration or treatment program
279	277		participation under this chapter shall assess the defendant to
280	278		determine if civil proceedings under Subtitle C or D, Title 7,
281	279		Health and Safety Code, are appropriate. The defendant may be
282	280		confined for an additional period in a mental hospital or other
283		-	[inpatient or residential] facility or jail-based competency
284		-	restoration program or ordered to participate for an additional
285		-	period in an outpatient treatment program, as appropriate, only
286		-	pursuant to civil proceedings conducted under Subtitle C or D,
287		-	Title 7, Health and Safety Code, by a court with probate
288		-	jurisdiction.
	281	+	[inpatient or residential] facility or may be ordered to
	282	+	participate for an additional period in an outpatient treatment
	283	+	program, as appropriate, only pursuant to civil proceedings
	284	+	conducted under Subtitle C or D, Title 7, Health and Safety Code, by
	285	+	a court with probate jurisdiction.
289	286		(c) The cumulative period described by Subsection (a):
290	287		(1) begins on the date the initial order of commitment
291	288		or initial order for outpatient competency restoration or treatment
292	289		program participation is entered under this chapter; and
293	290		(2) in addition to any inpatient or outpatient
294	291		competency restoration [treatment] periods or program
295	292		participation periods described by Subsection (a), includes any
296	293		time that, following the entry of an order described by Subdivision
297	294		(1), the defendant is confined in a correctional facility, as
298	295		defined by Section 1.07, Penal Code, or is otherwise in the custody
299	296		of the sheriff during or while awaiting, as applicable:
300	297		(A) the defendant's transfer to:
301	298		(i) a mental hospital or other inpatient or
302	299		residential facility; or
303	300		(ii) a jail-based competency restoration
304	301		program;
305	302		(B) the defendant's release on bail to
306	303		participate in an outpatient competency restoration or treatment
307	304		program; or
308	305		(C) a criminal trial following any temporary
309	306		restoration of the defendant's competency to stand trial.
310	307		(d) The court shall credit to the cumulative period
311	308		described by Subsection (a) any time that a defendant, following
312	309		arrest for the offense for which the defendant was to be tried, is
313	310		confined in a correctional facility, as defined by Section 1.07,
314	311		Penal Code, before the initial order of commitment or initial order
315	312		for outpatient competency restoration or treatment program
316	313		participation is entered under this chapter.
317	314		SECTION 8. Article 46B.010, Code of Criminal Procedure, is
318	315		amended to read as follows:
319	316		Art. 46B.010. MANDATORY DISMISSAL OF MISDEMEANOR CHARGES.
320	317		If a court orders that a defendant charged with a misdemeanor
321	318		punishable by confinement be committed to a mental hospital or
322	319		other inpatient or residential facility or to a jail-based
323	320		competency restoration program, participate in an outpatient
324	321		competency restoration or treatment program, or be subjected to any
325	322		combination of [both] inpatient or [and] outpatient competency
326	323		restoration or treatment program participation, and the defendant
327	324		is not tried before the expiration of the maximum period of
328	325		restoration described by Article 46B.0095:
329	326		(1) on the motion of the attorney representing the
330	327		state, the court shall dismiss the charge; or
331	328		(2) on the motion of the attorney representing the
332	329		defendant and notice to the attorney representing the state, the
333	330		court:
334	331		(A) shall set the matter to be heard not later
335	332		than the 10th day after the date of filing of the motion; and
336	333		(B) may dismiss the charge on a finding that the
337	334		defendant was not tried before the expiration of the maximum period
338	335		of restoration.
339	336		SECTION 9. Article 46B.026, Code of Criminal Procedure, is
340	337		amended by adding Subsection (d) to read as follows:
341	338		(d) The court shall submit to the Office of Court
342	339		Administration of the Texas Judicial System on a monthly basis the
343	340		number of reports provided to the court under this article.
344	341		SECTION 10. Article 46B.071(a), Code of Criminal Procedure,
345	342		is amended to read as follows:
346	343		(a) Except as provided by Subsection (b), on a determination
347	344		that a defendant is incompetent to stand trial, the court shall:
348	345		(1) if the defendant is charged with an offense
349	346		punishable as a Class B misdemeanor:
350	347		(A) commit the defendant to a jail-based
351	348		competency restoration program [facility] under Article 46B.073;
352	349		[or]
353	350		(B) [(2)] release the defendant on bail under
354	351		Article 46B.0711; or
355	352		(C) commit the defendant to a facility under
356	353		Article 46B.073 only if:
357	354		(i) a jail-based competency restoration
358	355		program under Article 46B.073 is not available; and
359	356		(ii) an outpatient competency restoration
360	357		program under Article 46B.0711 is not available; or
361	358		(2) if the defendant is charged with an offense
362	359		punishable as a Class A misdemeanor or any higher category of
363	360		offense:
364	361		(A) commit the defendant to a facility or
365	362		jail-based competency restoration program under Article 46B.073;
366	363		or
367	364		(B) release the defendant on bail under Article
368	365		46B.072.
369	366		SECTION 11. Subchapter D, Chapter 46B, Code of Criminal
370	367		Procedure, is amended by adding Article 46B.0711 to read as
371	368		follows:
372	369		Art. 46B.0711. RELEASE ON BAIL FOR CLASS B MISDEMEANOR. (a)
373	370		This article applies only to a defendant who is subject to an
374	371		initial restoration period based on Article 46B.071.
375	372		(b) Subject to conditions reasonably related to ensuring
376	373		public safety and the effectiveness of the defendant's treatment,
377	374		if the court determines that a defendant charged with an offense
378	375		punishable as a Class B misdemeanor and found incompetent to stand
379	376		trial is not a danger to others and may be safely treated on an
380	377		outpatient basis with the specific objective of attaining
381	378		competency to stand trial, and an appropriate outpatient competency
382	379		restoration program is available for the defendant, the court
383	380		shall:
384	381		(1) release the defendant on bail or continue the
385	382		defendant's release on bail; and
386	383		(2) order the defendant to participate in an
387	384		outpatient competency restoration program for a period not to
388	385		exceed 60 days.
389	386		(c) Notwithstanding Subsection (b), the court may order a
390	387		defendant to participate in an outpatient competency restoration
391	388		program under this article only if:
392	389		(1) the court receives and approves a comprehensive
393	390		plan that:
394	391		(A) provides for the treatment of the defendant
395	392		for purposes of competency restoration; and
396	393		(B) identifies the person who will be responsible
397	394		for providing that treatment to the defendant; and
398	395		(2) the court finds that the treatment proposed by the
399	396		plan will be available to and will be provided to the defendant.
400	397		(d) An order issued under this article may require the
401	398		defendant to participate in:
402	399		(1) as appropriate, an outpatient competency
403	400		restoration program administered by a community center or an
404	401		outpatient competency restoration program administered by any
405	402		other entity that provides competency restoration services; and
406	403		(2) an appropriate prescribed regimen of medical,
407	404		psychiatric, or psychological care or treatment, including care or
408	405		treatment involving the administration of psychoactive medication,
409	406		including those required under Article 46B.086.
410	407		SECTION 12. The heading to Article 46B.072, Code of
411	408		Criminal Procedure, is amended to read as follows:
412	409		Art. 46B.072. RELEASE ON BAIL FOR FELONY OR CLASS A
413	410		MISDEMEANOR.
414	411		SECTION 13. Articles 46B.072(a-1), (b), (c), and (d), Code
415	412		of Criminal Procedure, are amended to read as follows:
416	413		(a-1) Subject to conditions reasonably related to ensuring
417	414		[assuring] public safety and the effectiveness of the defendant's
418	415		treatment, if the court determines that a defendant charged with an
419	416		offense punishable as a felony or a Class A misdemeanor and found
420	417		incompetent to stand trial is not a danger to others and may be
421	418		safely treated on an outpatient basis with the specific objective
422	419		of attaining competency to stand trial, and [if] an appropriate
423	420		outpatient competency restoration [treatment] program is available
424	421		for the defendant, the court:
425	422		(1) may release on bail a defendant found incompetent
426	423		to stand trial with respect to an offense punishable as a felony or
427	424		may continue the defendant's release on bail; and
428	425		(2) shall release on bail a defendant found
429	426		incompetent to stand trial with respect to an offense punishable as
430	427		a Class A [a] misdemeanor or shall continue the defendant's release
431	428		on bail.
432	429		(b) The court shall order a defendant released on bail under
433	430		Subsection (a-1) to participate in an outpatient competency
434	431		restoration [treatment] program for a period not to exceed 120
435	432		days.
436	433		(c) Notwithstanding Subsection (a-1), the court may order a
437	434		defendant to participate in an outpatient competency restoration
438	435		[treatment] program under this article only if:
439	436		(1) the court receives and approves a comprehensive
440	437		plan that:
441	438		(A) provides for the treatment of the defendant
442	439		for purposes of competency restoration; and
443	440		(B) identifies the person who will be responsible
444	441		for providing that treatment to the defendant; and
445	442		(2) the court finds that the treatment proposed by the
446	443		plan will be available to and will be provided to the defendant.
447	444		(d) An order issued under this article may require the
448	445		defendant to participate in:
449	446		(1) as appropriate, an outpatient competency
450	447		restoration [treatment] program administered by a community center
451	448		or an outpatient competency restoration [treatment] program
452	449		administered by any other entity that provides outpatient
453	450		competency restoration services; and
454	451		(2) an appropriate prescribed regimen of medical,
455	452		psychiatric, or psychological care or treatment, including care or
456	453		treatment involving the administration of psychoactive medication,
457	454		including those required under Article 46B.086.
458	455		SECTION 14. Article 46B.073, Code of Criminal Procedure, is
459	456		amended by amending Subsections (b), (c), (d), and (e) and adding
460	457		Subsection (f) to read as follows:
461	458		(b) For further examination and competency restoration
462	459		services with [treatment toward] the specific objective of the
463	460		defendant attaining competency to stand trial, the court shall
464	461		commit a defendant described by Subsection (a) to a mental health
465	462		facility, [or] residential care facility, or jail-based competency
466	463		restoration program for the applicable period as follows:
467	464		(1) a period of not more than 60 days, if the defendant
468	465		is charged with an offense punishable as a misdemeanor; or
469	466		(2) a period of not more than 120 days, if the
470	467		defendant is charged with an offense punishable as a felony.
471	468		(c) If the defendant is charged with an offense listed in
472	469		Article 17.032(a), other than an offense under Section 22.01(a)(1),
473	470		Penal Code [listed in Article 17.032(a)(6)], or the indictment
474	471		alleges an affirmative finding under Article 42A.054(c) or (d), the
475	472		court shall enter an order committing the defendant for competency
476	473		restoration services to the maximum security unit of any facility
477	474		designated by the Department of State Health Services, to an agency
478	475		of the United States operating a mental hospital, or to a Department
479	476		of Veterans Affairs hospital.
480	477		(d) If the defendant is not charged with an offense
481	478		described by Subsection (c) and the indictment does not allege an
482	479		affirmative finding under Article 42A.054(c) or (d), the court
483	480		shall enter an order, in accordance with Article 46B.071(a),
484	481		committing the defendant to a jail-based competency restoration
485	482		program or to a mental health facility or residential care facility
486	483		determined to be appropriate by the local mental health authority
487	484		or local intellectual and developmental disability authority. A
488	485		defendant may be committed to a jail-based competency restoration
489	486		program only if the program provider determines the defendant will
490	487		begin to receive competency restoration services within 72 hours of
491	488		arriving at the program.
492	489		(e) On notification from the head of a facility or a program
493	490		provider under Article 46B.079(b)(1), the court shall order the
494	491		defendant to receive competency restoration education services in a
495	492		jail-based competency restoration program or in an outpatient
496	493		competency restoration program, as appropriate and if available.
497	494		(f) If a defendant for whom an order is entered under
498	495		Subsection (e) was committed for competency restoration to a
499	496		facility other than a jail-based competency restoration program,
500	497		the court shall send a copy of that order to:
501	498		(1) the sheriff of the county in which the court is
502	499		located;
503	500		(2) the head of the facility to which the defendant was
504	501		committed for competency restoration; and
505	502		(3) the local mental health authority or local
506	503		intellectual and developmental disability authority, as
507	504		appropriate [Notwithstanding Subsections (b), (c), and (d) and
508	505		notwithstanding the contents of the applicable order of commitment,
509	506		in a county in which the Department of State Health Services
510	507		operates a jail-based restoration of competency pilot program under
511	508		Article 46B.090, a defendant for whom an order is issued under this
512	509		article committing the defendant to a mental health facility or
513	510		residential care facility shall be provided competency restoration
514	511		services at the jail under the pilot program if the service provider
515	512		at the jail determines the defendant will immediately begin to
516	513		receive services. If the service provider at the jail determines
517	514		the defendant will not immediately begin to receive competency
518	515		restoration services, the defendant shall be transferred to the
519	516		appropriate mental health facility or residential care facility as
520	517		provided by the court order. This subsection expires September 1,
521	518		2019].
522	519		SECTION 15. Article 46B.074(a), Code of Criminal Procedure,
523	520		is amended to read as follows:
524	521		(a) A defendant may be committed to a jail-based competency
525	522		restoration program, mental health facility, or residential care
526	523		facility under this subchapter only on competent medical or
527	524		psychiatric testimony provided by an expert qualified under Article
528	525		46B.022.
529	526		SECTION 16. Article 46B.075, Code of Criminal Procedure, is
530	527		amended to read as follows:
531	528		Art. 46B.075. TRANSFER OF DEFENDANT TO FACILITY OR
532	529		[OUTPATIENT TREATMENT] PROGRAM. An order issued under Article
533	530		46B.0711, 46B.072, or 46B.073 must place the defendant in the
534		-	custody of the sheriff for transportation to ~~the facility or~~
535		-	[outpatient treatment] program, as applicable, in ~~which the~~
536		-	defendant is to receive [treatment for purposes of] ~~competency~~
537		-	restoration services.
	531	+	custody of the sheriff or sheriff's deputy for transportation to
	532	+	the facility or [outpatient treatment] program, as applicable, in
	533	+	which the defendant is to receive [treatment for purposes of]
	534	+	competency restoration services.
538	535		SECTION 17. Articles 46B.0755(a), (b), and (d), Code of
539	536		Criminal Procedure, are amended to read as follows:
540	537		(a) Notwithstanding any other provision of this subchapter,
541	538		if the court receives credible evidence indicating that the
542	539		defendant has been restored to competency at any time after the
543	540		defendant's incompetency trial under Subchapter C but before the
544	541		defendant is transported under Article 46B.075 to the [a mental
545	542		health facility, residential care] facility[,] or [outpatient
546	543		treatment] program, as applicable, the court may appoint
547	544		disinterested experts to reexamine the defendant in accordance with
548	545		Subchapter B. The court is not required to appoint the same expert
549	546		or experts who performed the initial examination of the defendant
550	547		under that subchapter.
551	548		(b) If after a reexamination of the defendant the applicable
552	549		expert's report states an opinion that the defendant remains
553	550		incompetent, the court's order under Article 46B.0711, 46B.072, or
554	551		46B.073 remains in effect, and the defendant shall be transported
555	552		to the facility or [outpatient treatment] program as required by
556	553		Article 46B.075. If after a reexamination of the defendant the
557	554		applicable expert's report states an opinion that the defendant has
558	555		been restored to competency, the court shall withdraw its order
559	556		under Article 46B.0711, 46B.072, or 46B.073 and proceed under
560	557		Subsection (c) or (d).
561	558		(d) The court shall hold a hearing to determine whether the
562	559		defendant has been restored to competency if any party fails to
563	560		agree or if the court fails to concur that the defendant is
564	561		competent to stand trial. If a court holds a hearing under this
565	562		subsection, on the request of the counsel for either party or the
566	563		motion of the court, a jury shall make the competency
567	564		determination. For purposes of the hearing, incompetency is
568	565		presumed, and the defendant's competency must be proved by a
569	566		preponderance of the evidence. If after the hearing the defendant
570	567		is again found to be incompetent to stand trial, the court shall
571	568		issue a new order under Article 46B.0711, 46B.072, or 46B.073, as
572	569		appropriate based on the defendant's current condition.
573	570		SECTION 18. Article 46B.076, Code of Criminal Procedure, is
574	571		amended to read as follows:
575	572		Art. 46B.076. COURT'S ORDER. (a) If the defendant is found
576	573		incompetent to stand trial, not later than the date of the order of
577	574		commitment or of release on bail, as applicable, the court shall
578	575		send a copy of the order to the applicable facility [to which the
579	576		defendant is committed] or [the outpatient treatment] program [to
580	577		which the defendant is released]. The court shall also provide to
581	578		the facility or [outpatient treatment] program copies of the
582	579		following made available to the court during the incompetency
583	580		trial:
584	581		(1) reports of each expert;
585	582		(2) psychiatric, psychological, or social work
586	583		reports that relate to the mental condition of the defendant;
587	584		(3) documents provided by the attorney representing
588	585		the state or the attorney representing the defendant that relate to
589	586		the defendant's current or past mental condition;
590	587		(4) copies of the indictment or information and any
591	588		supporting documents used to establish probable cause in the case;
592	589		(5) the defendant's criminal history record; and
593	590		(6) the addresses of the attorney representing the
594	591		state and the attorney representing the defendant.
595	592		(b) The court shall order that the transcript of all medical
596	593		testimony received by the jury or court be promptly prepared by the
597	594		court reporter and forwarded to the applicable [proper] facility or
598	595		[outpatient treatment] program.
599	596		SECTION 19. Article 46B.077, Code of Criminal Procedure, is
600	597		amended to read as follows:
601	598		Art. 46B.077. INDIVIDUAL TREATMENT PROGRAM. (a) The
602	599		facility or jail-based competency restoration program to which the
603	600		defendant is committed or the outpatient competency restoration
604	601		[treatment] program to which the defendant is released on bail
605	602		shall:
606	603		(1) develop an individual program of treatment;
607	604		(2) assess and evaluate whether the defendant is
608	605		likely to be restored to competency in the foreseeable future; and
609	606		(3) report to the court and to the local mental health
610	607		authority or to the local intellectual and developmental disability
611	608		authority on the defendant's progress toward achieving competency.
612	609		(b) If the defendant is committed to an inpatient mental
613	610		health facility, [or to a] residential care facility, or jail-based
614	611		competency restoration program, the facility or program shall
615	612		report to the court at least once during the commitment period. If
616	613		the defendant is released to a competency restoration [treatment]
617	614		program not provided by an inpatient mental health facility, [or a]
618	615		residential care facility, or jail-based competency restoration
619	616		program, the [treatment] program shall report to the court:
620	617		(1) not later than the 14th day after the date on which
621	618		the defendant's competency restoration services begin [treatment
622	619		begins]; and
623	620		(2) until the defendant is no longer released to the
624	621		[treatment] program, at least once during each 30-day period
625	622		following the date of the report required by Subdivision (1).
626	623		SECTION 20. Article 46B.078, Code of Criminal Procedure, is
627	624		amended to read as follows:
628	625		Art. 46B.078. CHARGES SUBSEQUENTLY DISMISSED. If the
629	626		charges pending against a defendant are dismissed, the court that
630	627		issued the order under Article 46B.0711, 46B.072, or 46B.073 shall
631	628		send a copy of the order of dismissal to the sheriff of the county in
632	629		which the court is located and to the head of the facility, the
633	630		provider of the jail-based competency restoration program, or the
634	631		provider of the outpatient competency restoration [treatment]
635	632		program, as appropriate. On receipt of the copy of the order, the
636	633		facility or [outpatient treatment] program shall discharge the
637		-	defendant into the care of the sheriff for ~~transportation in the~~
638		-	manner described by Article 46B.082.
	634	+	defendant into the care of the sheriff or sheriff's deputy for
	635	+	transportation in the manner described by Article 46B.082.
639	636		SECTION 21. Article 46B.079, Code of Criminal Procedure, is
640	637		amended to read as follows:
641	638		Art. 46B.079. NOTICE AND REPORT TO COURT. (a) The head of
642	639		the facility, the provider of the jail-based competency restoration
643	640		program, or the provider of the outpatient competency restoration
644	641		[treatment] program, as appropriate, not later than the 15th day
645	642		before the date on which the initial restoration period is to expire
646	643		according to the terms of the order or under Article 46B.0095 or
647	644		other applicable provisions of this chapter, shall notify the
648	645		applicable court that the period is about to expire.
649	646		(b) The head of the facility or jail-based competency
650	647		restoration [or outpatient treatment] program provider shall
651	648		promptly notify the court when the head of the facility or
652	649		[outpatient treatment] program provider believes that:
653	650		(1) the defendant can be safely transferred to a
654	651		competency restoration program for education services but has not
655	652		attained competency to stand trial;
656	653		(2) the defendant has attained competency to stand
657	654		trial; or
658	655		(3) [(2)] the defendant is not likely to attain
659	656		competency in the foreseeable future.
660	657		(b-1) The outpatient competency restoration program
661	658		provider shall promptly notify the court when the program provider
662	659		believes that:
663	660		(1) the defendant has attained competency to stand
664	661		trial; or
665	662		(2) the defendant is not likely to attain competency
666	663		in the foreseeable future.
667	664		(c) When the head of the facility or [outpatient treatment]
668	665		program provider gives notice to the court under Subsection (a),
669	666		[or] (b), or (b-1), the head of the facility or [outpatient
670	667		treatment] program provider also shall file a final report with the
671	668		court stating the reason for the proposed discharge under this
672	669		chapter and including a list of the types and dosages of medications
673	670		prescribed for the defendant while the defendant was in the
674	671		facility or participating in the [outpatient treatment] program.
675	672		To enable any objection to the findings of the report to be made in a
676	673		timely manner under Article 46B.084(a-1), the court shall provide
677	674		copies of the report to the attorney representing the defendant and
678	675		the attorney representing the state.
679	676		(d) If the head of the facility or [outpatient treatment]
680	677		program provider notifies the court that the initial restoration
681	678		period is about to expire, the notice may contain a request for an
682	679		extension of the period for an additional period of 60 days and an
683	680		explanation for the basis of the request. An explanation provided
684	681		under this subsection must include a description of any evidence
685	682		indicating a reduction in the severity of the defendant's symptoms
686	683		or impairment.
687	684		SECTION 22. Article 46B.080(a), Code of Criminal Procedure,
688	685		is amended to read as follows:
689	686		(a) On a request of the head of a facility or a [treatment]
690	687		program provider that is made under Article 46B.079(d) and
691	688		notwithstanding any other provision of this subchapter, the court
692	689		may enter an order extending the initial restoration period for an
693	690		additional period of 60 days.
694	691		SECTION 23. Article 46B.081, Code of Criminal Procedure, is
695	692		amended to read as follows:
696	693		Art. 46B.081. RETURN TO COURT. Subject to Article
697	694		46B.082(b), a defendant committed or released on bail under this
698	695		subchapter shall be returned to the applicable court as soon as
699	696		practicable after notice to the court is provided under Article
700	697		46B.079(a), (b)(2), (b)(3), or (b-1) [46B.079], but not later than
701	698		the date of expiration of the period for restoration specified by
702	699		the court under Article 46B.0711, 46B.072, or 46B.073.
703	700		SECTION 24. The heading to Article 46B.082, Code of
704	701		Criminal Procedure, is amended to read as follows:
705	702		Art. 46B.082. TRANSPORTATION OF DEFENDANT TO COURT.
706		-	SECTION 25. Article 46B.082(b), Code of Criminal Procedure,
707		-	is amended to read as follows:
	703	+	SECTION 25. Article 46B.082, Code of Criminal Procedure, is
	704	+	amended to read as follows:
	705	+	Art. 46B.082. TRANSPORTATION OF DEFENDANT. (a) On
	706	+	notification from the court under Article 46B.078, the sheriff of
	707	+	the county in which the court is located or the sheriff's deputy
	708	+	[designee] shall transport the defendant to the court.
708	709		(b) If before the 15th day after the date on which the court
709	710		received notification under Article 46B.079(a), (b)(2), (b)(3), or
710	711		(b-1) [46B.079] a defendant committed to a facility or jail-based
711	712		competency restoration program or ordered to participate in an
712	713		outpatient competency restoration [treatment] program has not been
713	714		transported to the court that issued the order under Article
714	715		46B.0711, 46B.072, or 46B.073, as applicable, the head of the
715	716		facility or provider of the jail-based competency restoration
716	717		program to which the defendant is committed or the provider of the
717	718		outpatient competency restoration [treatment] program in which the
718	719		defendant is participating shall cause the defendant to be promptly
719	720		transported to the court and placed in the custody of the sheriff of
720	721		the county in which the court is located. The county in which the
721	722		court is located shall reimburse [the Department of State Health
722	723		Services or] the Health and Human [Department of Aging and
723	724		Disability] Services Commission or program provider, as
724	725		appropriate, for the mileage and per diem expenses of the personnel
725	726		required to transport the defendant, calculated in accordance with
726	727		rates provided in the General Appropriations Act for state
727	728		employees.
728	729		SECTION 26. Subchapter D, Chapter 46B, Code of Criminal
729	730		Procedure, is amended by adding Articles 46B.0825 and 46B.0826 to
730	731		read as follows:
731	732		Art. 46B.0825. DISCHARGE AND TRANSPORTATION OF DEFENDANT
732	733		FOR COMPETENCY RESTORATION EDUCATION SERVICES. (a) As soon as
733	734		practicable but not later than 10 days after receiving a copy of an
734	735		order under Article 46B.073(f)(2), the applicable facility shall
735	736		discharge the defendant into the care of the sheriff of the county
736		-	in which the court is located. The sheriff shall transport the
737		-	defendant to the jail-based competency restoration program or
738		-	outpatient competency restoration program, as appropriate.
	737	+	in which the court is located or the sheriff's deputy. The sheriff
	738	+	or sheriff's deputy shall transport the defendant to the jail-based
	739	+	competency restoration program or outpatient competency
	740	+	restoration program, as appropriate.
739	741		(b) A jail-based competency restoration program or
740	742		outpatient competency restoration program that receives a
741	743		defendant under this article shall give to the court:
742	744		(1) notice regarding the defendant's entry into the
743	745		program for purposes of receiving competency restoration education
744	746		services; and
745	747		(2) subsequent notice as otherwise required under
746	748		Article 46B.079.
747	749		Art. 46B.0826. ADMINISTRATION OF MEDICATION WHILE IN
748		-	CUSTODY OF SHERIFF. A sheriff having custody of ~~a defendant for~~
749		-	transportation as required by Article 46B.075, ~~46B.082, or 46B.0825~~
750		-	shall, according to information available at ~~the time and unless~~
751		-	directed otherwise by a physician treating the ~~defendant, ensure~~
752		-	that the defendant is provided with the types and ~~dosages of~~
753		-	medication prescribed for the defendant.
	750	+	CUSTODY OF SHERIFF. A sheriff or sheriff's deputy having custody of
	751	+	a defendant for transportation as required by Article 46B.075,
	752	+	46B.082, or 46B.0825 shall, according to information available at
	753	+	the time and unless directed otherwise by a physician treating the
	754	+	defendant, ensure that the defendant is provided with the types and
	755	+	dosages of medication prescribed for the defendant.
754	756		SECTION 27. Article 46B.083, Code of Criminal Procedure, is
755	757		amended to read as follows:
756	758		Art. 46B.083. SUPPORTING COMMITMENT INFORMATION PROVIDED
757	759		BY FACILITY [HEAD] OR [OUTPATIENT TREATMENT] PROGRAM [PROVIDER].
758	760		(a) If the head of the facility, the jail-based competency
759	761		restoration program provider, or the outpatient competency
760	762		restoration [treatment] program provider believes that the
761	763		defendant is a person with mental illness and meets the criteria for
762	764		court-ordered mental health services under Subtitle C, Title 7,
763	765		Health and Safety Code, the head of the facility or the [outpatient
764	766		treatment] program provider shall have submitted to the court a
765	767		certificate of medical examination for mental illness.
766	768		(b) If the head of the facility, the jail-based competency
767	769		restoration program provider, or the outpatient competency
768	770		restoration [treatment] program provider believes that the
769	771		defendant is a person with an intellectual disability, the head of
770	772		the facility or the [outpatient treatment] program provider shall
771	773		have submitted to the court an affidavit stating the conclusions
772	774		reached as a result of the examination.
773	775		SECTION 28. Articles 46B.086(a), (b), (c), and (d), Code of
774	776		Criminal Procedure, are amended to read as follows:
775	777		(a) This article applies only to a defendant:
776	778		(1) who is determined under this chapter to be
777	779		incompetent to stand trial;
778	780		(2) who either:
779	781		(A) remains confined in a correctional facility,
780	782		as defined by Section 1.07, Penal Code, for a period exceeding 72
781	783		hours while awaiting transfer to an inpatient mental health
782	784		facility, a residential care facility, a jail-based competency
783	785		restoration program, or an outpatient competency restoration
784	786		[treatment] program;
785	787		(B) is committed to an inpatient mental health
786	788		facility, [or] a residential care facility, or a jail-based
787	789		competency restoration program for the purpose of competency
788	790		restoration;
789	791		(C) is confined in a correctional facility while
790	792		awaiting further criminal proceedings following competency
791	793		restoration [treatment];
792	794		(D) is subject to Article 46B.0711, if the court
793	795		has made the determinations required by Subsection (b) of that
794	796		article; or
795	797		(E) [(D)] is subject to Article 46B.072, if the
796	798		court has made the determinations required by Subsection (a-1) of
797	799		that article;
798	800		(3) for whom a correctional facility or jail-based
799	801		competency restoration program that employs or contracts with a
800	802		licensed psychiatrist, an inpatient mental health facility, a
801	803		residential care facility, or an outpatient competency restoration
802	804		[treatment] program provider has prepared a continuity of care plan
803	805		that requires the defendant to take psychoactive medications; and
804	806		(4) who, after a hearing held under Section 574.106 or
805	807		592.156, Health and Safety Code, if applicable, has been found to
806	808		not meet the criteria prescribed by Sections 574.106(a) and (a-1)
807	809		or 592.156(a) and (b), Health and Safety Code, for court-ordered
808	810		administration of psychoactive medications.
809	811		(b) If a defendant described by Subsection (a) refuses to
810	812		take psychoactive medications as required by the defendant's
811	813		continuity of care plan, the director of the [correctional]
812	814		facility or [outpatient treatment] program provider, as
813	815		applicable, shall notify the court in which the criminal
814	816		proceedings are pending of that fact not later than the end of the
815	817		next business day following the refusal. The court shall promptly
816	818		notify the attorney representing the state and the attorney
817	819		representing the defendant of the defendant's refusal. The
818	820		attorney representing the state may file a written motion to compel
819	821		medication. The motion to compel medication must be filed not later
820	822		than the 15th day after the date a judge issues an order stating
821	823		that the defendant does not meet the criteria for court-ordered
822	824		administration of psychoactive medications under Section 574.106
823	825		or 592.156, Health and Safety Code, except that, for a defendant in
824	826		an outpatient competency restoration [treatment] program, the
825	827		motion may be filed at any time.
826	828		(c) The court, after notice and after a hearing held not
827	829		later than the 10th day after the motion to compel medication is
828	830		filed, may authorize the director of the [correctional] facility or
829	831		the program provider, as applicable, to have the medication
830	832		administered to the defendant, by reasonable force if necessary. A
831	833		hearing under this subsection may be conducted using an electronic
832	834		broadcast system as provided by Article 46B.013.
833	835		(d) The court may issue an order under this article only if
834	836		the order is supported by the testimony of two physicians, one of
835	837		whom is the physician at or with the applicable [correctional]
836	838		facility or [outpatient treatment] program who is prescribing the
837	839		medication as a component of the defendant's continuity of care
838	840		plan and another who is not otherwise involved in proceedings
839	841		against the defendant. The court may require either or both
840	842		physicians to examine the defendant and report on the examination
841	843		to the court.
842		-	SECTION 29. The heading to Article 46B.090, Code of
843		-	Criminal Procedure, is amended to read as follows:
844		-	Art. 46B.090. JAIL-BASED COMPETENCY RESTORATION [OF
845		-	COMPETENCY PILOT] PROGRAM IMPLEMENTED BY COMMISSION.
846		-	SECTION 30. Article 46B.090, Code of Criminal Procedure, is
847		-	amended by amending Subsections (a), (a-1), (b), (c), (f), (g),
848		-	(i), (j), (k), (l), and (m) and adding Subsection (p) to read as
849		-	follows:
850		-	(a) In this article:
851		-	(1) "Commission" [, "department"] means the Health and
852		-	Human Services Commission [Department of State Health Services].
	844	+	SECTION 29. Subchapter D, Chapter 46B, Code of Criminal
	845	+	Procedure, is amended by adding Article 46B.091 to read as follows:
	846	+	Art. 46B.091. JAIL-BASED COMPETENCY RESTORATION PROGRAM
	847	+	IMPLEMENTED BY COUNTY. (a) In this article:
	848	+	(1) "Commission" means the Health and Human Services
	849	+	Commission.
853	850		(2) "Executive commissioner" means the executive
854	851		commissioner of the Health and Human Services Commission.
855		-	(a-1) The commission may [If the legislature appropriates
856		-	to the department the funding necessary for the department to
857		-	operate a jail-based restoration of competency pilot program as
858		-	described by this article, the department shall] develop and
859		-	implement a jail-based competency restoration [the pilot] program
860		-	in any county [one or two counties] in this state that chooses
861		-	[choose] to participate in the [pilot] program. In developing the
862		-	[pilot] program, the commission [department] shall coordinate and
863		-	allow for input from a [each] participating county.
864		-	(b) The commission [department] shall contract with a
865		-	provider of jail-based competency restoration services to provide
866		-	services under a [the pilot] program implemented [if the department
867		-	develops a pilot program] under this article. The commission may
868		-	contract with a different provider for each program.
869		-	(c) The executive [Not later than November 1, 2013, the]
870		-	commissioner [of the department] shall adopt rules as necessary to
871		-	implement a [the pilot] program[. In adopting rules] under this
872		-	article, including rules that [the commissioner shall] specify the
873		-	types of information the commission [department] must collect
874		-	[during the operation of the pilot program] for use in evaluating a
875		-	[the outcome of the pilot] program.
876		-	(f) To contract with the commission [department] under
877		-	Subsection (b), a provider of jail-based competency restoration
878		-	services must demonstrate to the commission [department] that:
879		-	(1) the provider:
880		-	(A) has previously provided jail-based
881		-	competency restoration services for one or more years and is
882		-	certified by a nationwide nonprofit organization that accredits
883		-	behavioral health care organizations and programs; or
884		-	(B) is a local mental health authority or local
885		-	behavioral health authority in good standing with the commission,
886		-	which may include an authority that subcontracts with a provider of
887		-	jail-based [that has previously provided] competency restoration
888		-	services that is in good standing with the commission; and
889		-	(2) the provider's jail-based competency restoration
890		-	program:
891		-	(A) provides competency restoration through the
892		-	use of [uses] a multidisciplinary treatment team [to provide
893		-	clinical treatment] that is:
894		-	(i) directed toward the specific objective
895		-	of restoring the defendant's competency to stand trial; and
896		-	(ii) similar to other [the clinical
897		-	treatment provided as part of a] competency restoration programs
898		-	[program at an inpatient mental health facility];
899		-	(B) employs or contracts for the services of at
900		-	least one psychiatrist;
901		-	(C) provides jail-based competency restoration
	852	+	(b) A county or counties jointly may develop and implement a
	853	+	jail-based competency restoration program.
	854	+	(c) A county that implements a program under this article
	855	+	shall contract with a provider of jail-based competency restoration
	856	+	services that is a local mental health authority or local
	857	+	behavioral health authority that is in good standing with the
	858	+	commission, which may include an authority that is in good standing
	859	+	with the commission and subcontracts with a provider of jail-based
	860	+	competency restoration services.
	861	+	(d) A jail-based competency restoration program must:
	862	+	(1) provide jail-based competency restoration
	863	+	services through the use of a multidisciplinary treatment team that
	864	+	are:
	865	+	(A) directed toward the specific objective of
	866	+	restoring the defendant's competency to stand trial; and
	867	+	(B) similar to other competency restoration
	868	+	programs;
	869	+	(2) employ or contract for the services of at least one
	870	+	psychiatrist;
	871	+	(3) provide jail-based competency restoration
902	872		services through licensed or qualified mental health
903		-	professionals [assigns staff members to defendants participating
904		-	in the program at an average ratio not lower than 3.7 to 1]; [and]
905		-	(D) provides weekly competency restoration
906		-	[treatment] hours commensurate to the [treatment] hours provided as
907		-	part of a competency restoration program at an inpatient mental
908		-	health facility;
909		-	(E) operates in the jail in a designated space
910		-	that is separate from the space used for the general population of
911		-	the jail;
912		-	(F) ensures coordination of general health care;
913		-	(G) provides mental health treatment and
914		-	substance use disorder treatment to participants, as necessary, for
915		-	competency restoration; and
916		-	(H) supplies clinically appropriate psychoactive
	873	+	professionals;
	874	+	(4) provide weekly competency restoration hours
	875	+	commensurate to the hours provided as part of a competency
	876	+	restoration program at an inpatient mental health facility;
	877	+	(5) operate in the jail in a designated space that is
	878	+	separate from the space used for the general population of the jail;
	879	+	(6) ensure coordination of general health care;
	880	+	(7) provide mental health treatment and substance use
	881	+	disorder treatment to defendants, as necessary, for competency
	882	+	restoration; and
	883	+	(8) supply clinically appropriate psychoactive
917	884		medications for purposes of administering court-ordered medication
918		-	to participants as applicable and in accordance with Article
919		-	46B.086 of this code and Section 574.106, Health and Safety Code
920		-	[(3) the provider is certified by a nationwide
921		-	nonprofit organization that accredits health care organizations
922		-	and programs, such as the Joint Commission on Health Care Staffing
923		-	Services, or the provider is a local mental health authority in good
924		-	standing with the department; and
925		-	[(4) the provider has a demonstrated history of
926		-	successful jail-based competency restoration outcomes or, if the
927		-	provider is a local mental health authority, a demonstrated history
928		-	of successful competency restoration outcomes].
929		-	(g) A contract under Subsection (b) must require a [the]
930		-	designated provider to collect and submit to the commission
931		-	[department] the information specified by rules adopted under
932		-	Subsection (c).
933		-	(i) The psychiatrist or psychologist for the provider shall
	885	+	to defendants as applicable and in accordance with Article 46B.086
	886	+	of this code or Section 574.106, Health and Safety Code.
	887	+	(e) The executive commissioner shall adopt rules as
	888	+	necessary for a county to develop and implement a program under this
	889	+	article. The commission shall, as part of the rulemaking process,
	890	+	establish contract monitoring and oversight requirements for a
	891	+	local mental health authority or local behavioral health authority
	892	+	that contracts with a county to provide jail-based competency
	893	+	restoration services under this article. The contract monitoring
	894	+	and oversight requirements must be consistent with local mental
	895	+	health authority or local behavioral health authority performance
	896	+	contract monitoring and oversight requirements, as applicable.
	897	+	(f) The commission may inspect on behalf of the state any
	898	+	aspect of a program implemented under this article.
	899	+	(g) A psychiatrist or psychologist for the provider shall
934	900		conduct at least two full psychiatric or psychological evaluations
935	901		of the defendant during the period the defendant receives
936	902		competency restoration services in the jail. The psychiatrist or
937	903		psychologist must conduct one evaluation not later than the 21st
938	904		day and one evaluation not later than the 55th day after the date
939		-	the defendant begins to participate in the [pilot] program. The
940		-	psychiatrist or psychologist shall submit to the court a report
941		-	concerning each evaluation required under this subsection.
942		-	(j) If at any time during a defendant's participation in a
943		-	[the jail-based restoration of competency pilot] program
944		-	implemented under this article the psychiatrist or psychologist for
945		-	the provider determines that the defendant has attained competency
946		-	to stand trial:
	905	+	the defendant is committed to the program. The psychiatrist or
	906	+	psychologist shall submit to the court a report concerning each
	907	+	evaluation required under this subsection.
	908	+	(h) If at any time during a defendant's commitment to a
	909	+	program implemented under this article the psychiatrist or
	910	+	psychologist for the provider determines that the defendant has
	911	+	attained competency to stand trial:
947	912		(1) the psychiatrist or psychologist for the provider
948	913		shall promptly issue and send to the court a report demonstrating
949	914		that fact; and
950	915		(2) the court shall consider that report as the report
951	916		of an expert stating an opinion that the defendant has been restored
952	917		to competency for purposes of Article 46B.0755(a) or (b).
953		-	(k) If at any time during a defendant's ~~participation in~~ a
954		-	[the ~~jail-based restoration of competency pilot] program~~
955		-	~~implemented under this article the psychiatrist or~~ psychologist for
956		-	~~the provider determines that the defendant's~~ competency to stand
957		-	~~trial is unlikely to be restored in the~~ foreseeable future:
	918	+	(i) If at any time during a defendant's commitment to a
	919	+	program implemented under this article the psychiatrist or
	920	+	psychologist for the provider determines that the defendant's
	921	+	competency to stand trial is unlikely to be restored in the
	922	+	foreseeable future:
958	923		(1) the psychiatrist or psychologist for the provider
959	924		shall promptly issue and send to the court a report demonstrating
960	925		that fact; and
961	926		(2) the court shall:
962	927		(A) proceed under Subchapter E or F and order the
963	928		transfer of the defendant, without unnecessary delay, to the first
964	929		available facility that is appropriate for that defendant, as
965	930		provided under Subchapter E or F, as applicable; or
966	931		(B) release the defendant on bail as permitted
967	932		under Chapter 17.
968		-	(l) If the psychiatrist or psychologist for the provider
969		-	determines that a defendant ~~ordered~~ to ~~participate in~~ a ~~[the pilot]~~
970		-	~~program implemented~~ under this article has not been restored to
971		-	~~competency by the end of~~ the 60th day after the date the defendant
972		-	~~began to participate in the [pilot]~~ program:
	933	+	(j) If the psychiatrist or psychologist for the provider
	934	+	determines that a defendant committed to a program implemented
	935	+	under this article has not been restored to competency by the end of
	936	+	the 60th day after the date the defendant was committed to the
	937	+	program:
973	938		(1) for a defendant charged with a felony, the
974	939		defendant shall be transferred, without unnecessary delay and for
975	940		the remainder of the period prescribed by Article 46B.073(b), to
976	941		the first available facility that is appropriate for that defendant
977	942		as provided by Article 46B.073(c) or (d); and
978	943		(2) for a defendant charged with a misdemeanor, the
979	944		court may:
980	945		(A) order a single extension under Article
981		-	46B.080 and the transfer of the defendant without unnecessary delay
982		-	to the appropriate mental health facility or residential care
983		-	facility as provided by Article 46B.073(d) for the remainder of the
984		-	period under the extension;
	946	+	46B.080 and, notwithstanding Articles 46B.073(e) and (f), the
	947	+	transfer of the defendant without unnecessary delay to the
	948	+	appropriate mental health facility or residential care facility as
	949	+	provided by Article 46B.073(d) for the remainder of the period
	950	+	under the extension;
985	951		(B) proceed under Subchapter E or F;
986	952		(C) release the defendant on bail as permitted
987	953		under Chapter 17; or
988	954		(D) dismiss the charges in accordance with
989	955		Article 46B.010.
990		-	(m) Unless otherwise provided by this article, the
	956	+	(k) Unless otherwise provided by this article, the
991	957		provisions of this chapter, including the maximum periods
992	958		prescribed by Article 46B.0095, apply to a defendant receiving
993	959		competency restoration services, including competency restoration
994		-	education services, under a [the pilot] program implemented under
995		-	this article in the same manner as those provisions apply to any
996		-	other defendant who is subject to proceedings under this chapter.
997		-	(p) This article does not affect the responsibility of a
998		-	county to provide the same basic care to a participant as is
999		-	provided to other inmates of the jail in which the participant is
	960	+	education services, under a program implemented under this article
	961	+	in the same manner as those provisions apply to any other defendant
	962	+	who is subject to proceedings under this chapter.
	963	+	(l) This article does not affect the responsibility of a
	964	+	county to ensure the safety of a defendant who is committed to the
	965	+	program and to provide the same adequate care to the defendant as is
	966	+	provided to other inmates of the jail in which the defendant is
1000	967		located.
1001		-	SECTION 31. Subchapter C, Chapter 72, Government Code, is
	968	+	SECTION 30. Subchapter C, Chapter 72, Government Code, is
1002	969		amended by adding Section 72.032 to read as follows:
1003	970		Sec. 72.032. BEST PRACTICES EDUCATION. The director shall
1004	971		make available to courts information concerning best practices for
1005	972		addressing the needs of persons with mental illness in the court
1006	973		system, including the use of the preferred terms and phrases
1007	974		provided by Section 392.002.
1008		-	SECTION 32. Chapter 121, Government Code, is amended by
	975	+	SECTION 31. Chapter 121, Government Code, is amended by
1009	976		adding Section 121.003 to read as follows:
1010	977		Sec. 121.003. SPECIALTY COURTS REPORT. (a) In this
1011	978		section, "office" means the Office of Court Administration of the
1012	979		Texas Judicial System.
1013	980		(b) For the period beginning September 1, 2017, and ending
1014	981		September 1, 2018, the office shall collect information from
1015	982		specialty courts in this state regarding outcomes of participants
1016	983		in those specialty courts who are persons with mental illness,
1017	984		including recidivism rates of those participants, and other
1018	985		relevant information as determined by the office.
1019	986		(c) Not later than December 1, 2018, the office shall submit
1020	987		to the legislature a report containing and evaluating the
1021	988		information collected under Subsection (b).
1022	989		(d) This section expires September 1, 2019.
1023		-	SECTION 33. Subchapter B, Chapter 531, Government Code, is
	990	+	SECTION 32. Subchapter B, Chapter 531, Government Code, is
1024	991		amended by adding Section 531.0993 to read as follows:
1025	992		Sec. 531.0993. GRANT PROGRAM TO REDUCE RECIDIVISM, ARREST,
1026	993		AND INCARCERATION AMONG INDIVIDUALS WITH MENTAL ILLNESS AND TO
1027	994		REDUCE WAIT TIME FOR FORENSIC COMMITMENT. (a) For purposes of this
1028	995		section, "low-income household" means a household with a total
1029	996		income at or below 200 percent of the federal poverty guideline.
1030	997		(b) The commission shall establish a program to provide
1031	998		grants to county-based community collaboratives for the purposes of
1032	999		reducing:
1033	1000		(1) recidivism by, the frequency of arrests of, and
1034	1001		incarceration of persons with mental illness; and
1035	1002		(2) the total waiting time for forensic commitment of
1036	1003		persons with mental illness to a state hospital.
1037	1004		(c) A community collaborative may petition the commission
1038	1005		for a grant under the program only if the collaborative includes a
1039	1006		county, a local mental health authority that operates in the
1040	1007		county, and each hospital district, if any, located in the county.
1041	1008		A community collaborative may include other local entities
1042	1009		designated by the collaborative's members.
1043	1010		(d) The commission shall condition each grant provided to a
1044	1011		community collaborative under this section on the collaborative
1045		-	providing matching funds from non-state sources in a total amount
1046		-	at least equal to the provided grant amount. To raise matching
1047		-	funds, a collaborative may seek and receive gifts, grants, or
1048		-	donations from any person.
	1012	+	providing funds from non-state sources in a total amount at least
	1013	+	equal to:
	1014	+	(1) 50 percent of the grant amount if the
	1015	+	collaborative includes a county with a population of less than
	1016	+	250,000;
	1017	+	(2) 100 percent of the grant amount if the
	1018	+	collaborative includes a county with a population of 250,000 or
	1019	+	more; and
	1020	+	(3) the percentage of the grant amount otherwise
	1021	+	required by this subsection for the largest county included in the
	1022	+	collaborative, if the collaborative includes more than one county.
	1023	+	(d-1) To raise the required non-state sourced funds, a
	1024	+	collaborative may seek and receive gifts, grants, or donations from
	1025	+	any person.
	1026	+	(d-2) From money appropriated to the commission for each
	1027	+	fiscal year to implement this section, the commission shall reserve
	1028	+	40 percent of that total to be awarded only as grants to a community
	1029	+	collaborative that includes a county with a population of less than
	1030	+	250,000.
1049	1031		(e) For each state fiscal year for which a community
1050	1032		collaborative seeks a grant, the collaborative must submit a
1051	1033		petition to the commission not later than the 30th day of that
1052	1034		fiscal year. The community collaborative must include with a
1053	1035		petition:
1054		-	(1) a statement indicating the amount of ~~matching~~
1055		-	~~funds~~ the collaborative is able to provide; and
	1036	+	(1) a statement indicating the amount of funds from
	1037	+	non-state sources the collaborative is able to provide; and
1056	1038		(2) a plan that:
1057	1039		(A) is endorsed by each of the collaborative's
1058	1040		member entities;
1059	1041		(B) identifies a target population;
1060		-	(C) describes how the grant money and ~~matching~~
1061		-	~~funds~~ will be used;
	1042	+	(C) describes how the grant money and funds from
	1043	+	non-state sources will be used;
1062	1044		(D) includes outcome measures to evaluate the
1063	1045		success of the plan; and
1064	1046		(E) describes how the success of the plan in
1065	1047		accordance with the outcome measures would further the state's
1066	1048		interest in the grant program's purposes.
1067	1049		(f) The commission must review plans submitted with a
1068	1050		petition under Subsection (e) before the commission provides a
1069	1051		grant under this section. The commission must fulfill the
1070	1052		commission's requirements under this subsection not later than the
1071	1053		60th day of each fiscal year.
1072	1054		(g) For each petition timely submitted and containing the
1073	1055		statement and plan required by Subsection (e), the commission shall
1074	1056		estimate the number of cases of serious mental illness in
1075	1057		low-income households located in the county included in the
1076	1058		community collaborative that submitted the petition. The
1077	1059		commission must fulfill the commission's requirements under this
1078	1060		subsection not later than the 60th day of each fiscal year.
1079	1061		(h) For each state fiscal year, the commission shall
1080	1062		determine an amount of grant money available for the program on a
1081	1063		per-case basis by dividing the total amount of money appropriated
1082	1064		to the commission for the purpose of providing grants under this
1083	1065		section for that fiscal year by the total number of the cases
1084	1066		estimated under Subsection (g) for all collaboratives to which the
1085	1067		commission intends to provide grants under this section. The
1086	1068		commission must fulfill the commission's requirements under this
1087	1069		subsection not later than the 60th day of each fiscal year.
1088	1070		(i) Not later than the 90th day of each fiscal year, the
1089	1071		commission shall make available to a community collaborative
1090	1072		receiving a grant under this section a grant in an amount equal to
1091	1073		the lesser of:
1092	1074		(1) the amount determined by multiplying the per-case
1093	1075		amount determined under Subsection (h) by the number of cases of
1094	1076		serious mental illness in low-income households estimated for that
1095	1077		collaborative under Subsection (g); or
1096	1078		(2) the collaborative's available matching funds.
1097	1079		(j) Acceptable uses for the grant money and matching funds
1098	1080		include:
1099	1081		(1) the continuation of a mental health jail diversion
1100	1082		program;
1101	1083		(2) the establishment or expansion of a mental health
1102	1084		jail diversion program;
1103	1085		(3) the establishment of alternatives to competency
1104	1086		restoration in a state hospital, including outpatient competency
1105	1087		restoration, inpatient competency restoration in a setting other
1106	1088		than a state hospital, or jail-based competency restoration;
1107	1089		(4) the provision of assertive community treatment or
1108	1090		forensic assertive community treatment with an outreach component;
1109	1091		(5) the provision of intensive mental health services
1110	1092		and substance abuse treatment not readily available in the county;
1111	1093		(6) the provision of continuity of care services for
1112	1094		an individual being released from a state hospital;
1113	1095		(7) the establishment of interdisciplinary rapid
1114	1096		response teams to reduce law enforcement's involvement with mental
1115	1097		health emergencies; and
1116	1098		(8) the provision of local community hospital, crisis,
1117	1099		respite, or residential beds.
	1100	+	(j-1) To the extent money appropriated to the commission to
	1101	+	implement this section for a fiscal year remains available to the
	1102	+	commission after the commission selects grant recipients for the
	1103	+	fiscal year, the commission shall make grants available using the
	1104	+	money remaining for the fiscal year through a competitive request
	1105	+	for proposal process, without regard to the limitation provided by
	1106	+	Subsection (d-2).
1118	1107		(k) Not later than the 90th day after the last day of the
1119	1108		state fiscal year for which the commission distributes a grant
1120	1109		under this section, each community collaborative that receives a
1121	1110		grant shall prepare and submit a report describing the effect of the
1122	1111		grant money and matching funds in achieving the standard defined by
1123	1112		the outcome measures in the plan submitted under Subsection (e).
1124	1113		(l) The commission may make inspections of the operation and
1125	1114		provision of mental health services provided by a community
1126	1115		collaborative to ensure state money appropriated for the grant
1127	1116		program is used effectively.
1128		-	SECTION 34. Section 614.0032(b), Health and Safety Code, is
	1117	+	SECTION 33. Section 614.0032(b), Health and Safety Code, is
1129	1118		amended to read as follows:
1130	1119		(b) The office shall:
1131	1120		(1) [with the special assistance of committee members
1132	1121		appointed under Section 614.002(b)(1):
1133	1122		[(A) review examinations to determine the
1134	1123		competency of defendants in criminal cases to stand trial and
1135	1124		examinations to determine the fitness of children to proceed with
1136	1125		respect to adjudications of delinquent conduct or conduct
1137	1126		indicating a need for supervision; and
1138	1127		[(B) periodically report to the legislature and
1139	1128		the court of criminal appeals findings made as a result of the
1140	1129		review described by Paragraph (A); and
1141	1130		[(2)] approve and make generally available in
1142	1131		electronic format a standard form for use by experts in reporting
1143	1132		competency examination results under Chapter 46B, Code of Criminal
1144	1133		Procedure; and
1145	1134		(2) approve and make generally available in electronic
1146	1135		format a standard form for use by experts in reporting mental health
1147	1136		assessment results under Article 16.22, Code of Criminal Procedure.
1148		-	SECTION 35. The following provisions are repealed:
	1137	+	SECTION 34. The following provisions are repealed:
1149	1138		(1) Article 46B.026(c), Code of Criminal Procedure;
1150		-	(2) ~~Articles~~ 46B.090~~(h), (n), and~~ (o), Code of
1151		-	~~Criminal Procedure;~~ and
	1139	+	(2) Article 46B.090(o), Code of Criminal Procedure;
	1140	+	and
1152	1141		(3) Section 614.0032(c), Health and Safety Code.
1153		-	SECTION 36. Not later than November 1, 2017, the executive
	1142	+	SECTION 35. Not later than November 1, 2017, the executive
1154	1143		commissioner of the Health and Human Services Commission shall
1155		-	adopt the rules described by Article 46B.~~090~~(c), Code of Criminal
1156		-	Procedure, as ~~amended~~ by this Act.
1157		-	SECTION 37. Except as otherwise provided by this Act, the
	1144	+	adopt the rules described by Article 46B.091(e), Code of Criminal
	1145	+	Procedure, as added by this Act.
	1146	+	SECTION 36. Except as otherwise provided by this Act, the
1158	1147		changes in law made by this Act apply only to a defendant charged
1159	1148		with an offense committed on or after the effective date of this
1160	1149		Act. A defendant charged with an offense committed before the
1161	1150		effective date of this Act is governed by the law in effect on the
1162	1151		date the offense was committed, and the former law is continued in
1163	1152		effect for that purpose. For purposes of this section, an offense
1164	1153		was committed before the effective date of this Act if any element
1165	1154		of the offense occurred before that date.
1166		-	SECTION 38. This Act takes effect September 1, 2017.
	1155	+	SECTION 37. This Act takes effect September 1, 2017.