Texas 2017 - 85th Regular

Texas House Bill HB3001 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R9538 LHC-F
2	2	By: Price H.B. No. 3001
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to procedures regarding criminal defendants who are or may
8	8	be persons with a mental illness or an intellectual disability.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 15.17, Code of Criminal Procedure, is
11	11	amended by adding Subsection (a-1) to read as follows:
12	12	(a-1) If a magistrate is provided written or electronic
13	13	notice of credible information that may establish reasonable cause
14	14	to believe that a person brought before the magistrate has a mental
15	15	illness or is a person with an intellectual disability, the
16	16	magistrate shall conduct the proceedings described by Article 16.22
17	17	or 17.032, as appropriate.
18	18	SECTION 2. Article 16.22, Code of Criminal Procedure, is
19	19	amended to read as follows:
20	20	Art. 16.22. EARLY IDENTIFICATION OF DEFENDANT SUSPECTED OF
21	21	HAVING MENTAL ILLNESS OR INTELLECTUAL DISABILITY [MENTAL
22	22	RETARDATION]. (a)(1) Not later than four [72] hours after the
23	23	sheriff or other person having custody of a defendant for an offense
24	24	punishable as a Class B misdemeanor or any higher category of
25	25	offense determines that [receiving credible information that may
26	26	establish] reasonable cause may exist to believe that the [a]
27	27	defendant [committed to the sheriff's custody] has a mental illness
28	28	or is a person with an intellectual disability [mental retardation,
29	29	including observation of the defendant's behavior immediately
30	30	before, during, and after the defendant's arrest and the results of
31	31	any previous assessment of the defendant], the sheriff or other
32	32	person shall provide written or electronic notice [of the
33	33	information] to the magistrate. The notice must include any
34	34	information related to the sheriff's or other person's
35	35	determination, such as information regarding the defendant's
36	36	behavior immediately before, during, and after the defendant's
37	37	arrest and, if applicable, the results of any previous assessment
38	38	of the defendant. On a determination that there is reasonable cause
39	39	to believe that the defendant has a mental illness or is a person
40	40	with an intellectual disability [mental retardation], the
41	41	magistrate, except as provided by Subdivision (2), shall order the
42	42	local mental health [or mental retardation] authority, local
43	43	intellectual and developmental disability authority, or another
44	44	qualified mental health or intellectual disability [mental
45	45	retardation] expert to:
46	46	(A) collect information regarding whether the
47	47	defendant has a mental illness as defined by Section 571.003,
48	48	Health and Safety Code, or is a person with an intellectual
49	49	disability [mental retardation] as defined by Section 591.003,
50	50	Health and Safety Code, including, if applicable, information
51	51	obtained from any previous assessment of the defendant and
52	52	information regarding any previously recommended treatment; and
53	53	(B) provide to the magistrate a written
54	54	assessment of the information collected under Paragraph (A) on the
55	55	form approved by the Texas Correctional Office on Offenders with
56	56	Medical or Mental Impairments under Section 614.0032(b)(3), Health
57	57	and Safety Code.
58	58	(2) The magistrate is not required to order the
59	59	collection of information under Subdivision (1) if the defendant in
60	60	the year preceding the defendant's applicable date of arrest has
61	61	been determined to have a mental illness or to be a person with an
62	62	intellectual disability [mental retardation] by the local mental
63	63	health [or mental retardation] authority, local intellectual and
64	64	developmental disability authority, or another mental health or
65	65	intellectual disability [mental retardation] expert described by
66	66	Subdivision (1). A court that elects to use the results of that
67	67	previous determination may proceed under Subsection (c).
68	68	(3) If the defendant fails or refuses to submit to the
69	69	collection of information regarding the defendant as required under
70	70	Subdivision (1), the magistrate may order the defendant to submit
71	71	to an examination in a jail or in another place [mental health
72	72	facility] determined to be appropriate by the local mental health
73	73	[or mental retardation] authority or local intellectual and
74	74	developmental disability authority for a reasonable period not to
75	75	exceed 48 hours [21 days]. If applicable, the [The magistrate may
76	76	order a defendant to a facility operated by the Department of State
77	77	Health Services or the Department of Aging and Disability Services
78	78	for examination only on request of the local mental health or mental
79	79	retardation authority and with the consent of the head of the
80	80	facility. If a defendant who has been ordered to a facility
81	81	operated by the Department of State Health Services or the
82	82	Department of Aging and Disability Services for examination remains
83	83	in the facility for a period exceeding 21 days, the head of that
84	84	facility shall cause the defendant to be immediately transported to
85	85	the committing court and placed in the custody of the sheriff of the
86	86	county in which the committing court is located. That] county in
87	87	which the committing court is located shall reimburse the local
88	88	mental health authority or local intellectual and developmental
89	89	disability authority [facility] for the mileage and per diem
90	90	expenses of the personnel required to transport the defendant,
91	91	calculated in accordance with the state travel regulations in
92	92	effect at the time.
93	93	(b) Except as otherwise permitted by the magistrate for good
94	94	cause shown, a [A] written assessment of the information collected
95	95	under Subsection (a)(1)(A) shall be provided to the magistrate:
96	96	(1) for a defendant held in custody, not later than 72
97	97	hours after the time an order was issued under Subsection (a); or
98	98	(2) for a defendant released from custody, not later
99	99	than the 30th day after the date an [of any] order was issued under
100	100	Subsection (a).
101	101	(b-1) The [in a felony case and not later than the 10th day
102	102	after the date of any order issued under that subsection in a
103	103	misdemeanor case, and the] magistrate shall provide copies of the
104	104	written assessment to the defense counsel, the [prosecuting]
105	105	attorney representing the state, and the trial court. The written
106	106	assessment must include a description of the procedures used in the
107	107	collection of information under Subsection (a)(1)(A) and the
108	108	applicable expert's observations and findings pertaining to:
109	109	(1) whether the defendant is a person who has a mental
110	110	illness or is a person with an intellectual disability [mental
111	111	retardation];
112	112	(2) whether there is clinical evidence to support a
113	113	belief that the defendant may be incompetent to stand trial and
114	114	should undergo a complete competency examination under Subchapter
115	115	B, Chapter 46B; and
116	116	(3) any appropriate or recommended treatment or
117	117	service.
118	118	(c) After the trial court receives the applicable expert's
119	119	written assessment relating to the defendant under Subsection (b-1)
120	120	[(b)] or elects to use the results of a previous determination as
121	121	described by Subsection (a)(2), the trial court may, as applicable:
122	122	(1) resume criminal proceedings against the
123	123	defendant, including any appropriate proceedings related to the
124	124	defendant's release on personal bond under Article 17.032 if the
125	125	defendant is being held in custody;
126	126	(2) resume or initiate competency proceedings, if
127	127	required, as provided by Chapter 46B or other proceedings affecting
128	128	the defendant's receipt of appropriate court-ordered mental health
129	129	or intellectual disability [mental retardation] services,
130	130	including proceedings related to the defendant's receipt of
131	131	outpatient mental health services under Section 574.034, Health and
132	132	Safety Code; [or]
133	133	(3) consider the written assessment during the
134	134	punishment phase after a conviction of the offense for which the
135	135	defendant was arrested, as part of a presentence investigation
136	136	report, or in connection with the impositions of conditions
137	137	following placement on community supervision, including deferred
138	138	adjudication community supervision; or
139	139	(4) refer the defendant to an appropriate specialty
140	140	court established or operated under Subtitle K, Title 2, Government
141	141	Code.
142	142	(d) This article does not prevent the applicable court from,
143	143	before, during, or after the collection of information regarding
144	144	the defendant as described by this article:
145	145	(1) releasing a defendant who has a mental illness
146	146	[mentally ill] or is a person with an intellectual disability
147	147	[mentally retarded defendant] from custody on personal or surety
148	148	bond, including imposing as a condition of release that the
149	149	defendant submit to an examination or other assessment; or
150	150	(2) ordering an examination regarding the defendant's
151	151	competency to stand trial.
152	152	(e) The magistrate shall submit to the Office of Court
153	153	Administration of the Texas Judicial System on a monthly basis the
154	154	number of written assessments provided to the court under
155	155	Subsection (a)(1)(B).
156	156	SECTION 3. Articles 17.032(a), (b), (c), and (d), Code of
157	157	Criminal Procedure, are amended to read as follows:
158	158	(a) In this article, "violent offense" means an offense
159	159	under the following sections of the Penal Code:
160	160	(1) Section 19.02 (murder);
161	161	(2) Section 19.03 (capital murder);
162	162	(3) Section 20.03 (kidnapping);
163	163	(4) Section 20.04 (aggravated kidnapping);
164	164	(5) Section 21.11 (indecency with a child);
165	165	(6) Section 22.01(a)(1) (assault), if the offense
166	166	involved family violence as defined by Section 71.004, Family Code;
167	167	(7) Section 22.011 (sexual assault);
168	168	(8) Section 22.02 (aggravated assault);
169	169	(9) Section 22.021 (aggravated sexual assault);
170	170	(10) Section 22.04 (injury to a child, elderly
171	171	individual, or disabled individual);
172	172	(11) Section 29.03 (aggravated robbery);
173	173	(12) Section 21.02 (continuous sexual abuse of young
174	174	child or children); or
175	175	(13) Section 20A.03 (continuous trafficking of
176	176	persons).
177	177	(b) Notwithstanding Article 17.03(b), or a bond schedule
178	178	adopted or a standing order entered by a judge, a [A] magistrate
179	179	shall release a defendant on personal bond unless good cause is
180	180	shown otherwise if [the]:
181	181	(1) the defendant is not charged with and has not been
182	182	previously convicted of a violent offense;
183	183	(2) the defendant is examined by the local mental
184	184	health [or mental retardation] authority, local intellectual and
185	185	developmental disability authority, or another qualified mental
186	186	health or intellectual disability expert under Article 16.22 [of
187	187	this code];
188	188	(3) the applicable expert, in a written assessment
189	189	submitted to the magistrate under Article 16.22, [:
190	190	[(A)] concludes that the defendant has a mental
191	191	illness or is a person with an intellectual disability [mental
192	192	retardation] and requires treatment not available in jail [is
193	193	nonetheless competent to stand trial]; [and
194	194	[(B) recommends mental health treatment for the
195	195	defendant; and]
196	196	(4) the magistrate determines, in consultation with
197	197	the local mental health [or mental retardation] authority or local
198	198	intellectual and developmental disability authority, that
199	199	appropriate community-based mental health or intellectual
200	200	disability [mental retardation] services for the defendant are
201	201	available in accordance with [through the Texas Department of
202	202	Mental Health and Mental Retardation under] Section 534.053 or
203	203	534.103, Health and Safety Code, or through another mental health
204	204	or intellectual disability [mental retardation] services provider;
205	205	and
206	206	(5) the magistrate finds, after considering all the
207	207	circumstances, a pretrial risk assessment, if applicable, and any
208	208	other credible information provided by the attorney representing
209	209	the state or the defendant, that release on personal bond would
210	210	reasonably ensure the defendant's appearance in court as required
211	211	and the safety of the community and the victim of the alleged
212	212	offense.
213	213	(c) The magistrate, unless good cause is shown for not
214	214	requiring treatment, shall require as a condition of release on
215	215	personal bond under this article that the defendant submit to
216	216	outpatient or inpatient mental health or intellectual disability
217	217	[mental retardation] treatment as recommended by the local mental
218	218	health [or mental retardation] authority, local intellectual and
219	219	developmental disability authority, or another qualified mental
220	220	health or intellectual disability expert if the defendant's:
221	221	(1) mental illness or intellectual disability [mental
222	222	retardation] is chronic in nature; or
223	223	(2) ability to function independently will continue to
224	224	deteriorate if the defendant is not treated.
225	225	(d) In addition to a condition of release imposed under
226	226	Subsection (c) [of this article], the magistrate may require the
227	227	defendant to comply with other conditions that are reasonably
228	228	necessary to ensure the defendant's appearance in court as required
229	229	and the safety of [protect] the community and the victim of the
230	230	alleged offense.
231	231	SECTION 4. Article 32A.01, Code of Criminal Procedure, is
232	232	amended by amending Subsection (a) and adding Subsection (c) to
233	233	read as follows:
234	234	(a) Insofar as is practicable, the trial of a criminal
235	235	action shall be given preference over trials of civil cases, and the
236	236	trial of a criminal action against a defendant who is detained in
237	237	jail pending trial of the action shall be given preference over
238	238	trials of other criminal actions not described by Subsection (b) or
239	239	(c).
240	240	(c) Except as provided by Subsection (b), the trial of a
241	241	criminal action against a defendant who has been determined to be
242	242	restored to competency under Article 46B.084 shall be given
243	243	preference over other matters before the court, whether civil or
244	244	criminal.
245	245	SECTION 5. The heading to Article 46B.0095, Code of
246	246	Criminal Procedure, is amended to read as follows:
247	247	Art. 46B.0095. MAXIMUM PERIOD OF COMMITMENT OR [OUTPATIENT
248	248	TREATMENT] PROGRAM PARTICIPATION DETERMINED BY MAXIMUM TERM FOR
249	249	OFFENSE.
250	250	SECTION 6. Articles 46B.0095(a), (b), (c), and (d), Code of
251	251	Criminal Procedure, are amended to read as follows:
252	252	(a) A defendant may not, under Subchapter D or E or any other
253	253	provision of this chapter, be committed to a mental hospital or
254	254	other inpatient or residential facility or to a jail-based
255	255	restoration of competency program, ordered to participate in an
256	256	outpatient [treatment] program, or subjected to any combination of
257	257	[both] inpatient or [and] outpatient treatment or program
258	258	participation for a cumulative period that exceeds the maximum term
259	259	provided by law for the offense for which the defendant was to be
260	260	tried, except that if the defendant is charged with a misdemeanor
261	261	and has been ordered only to participate in an outpatient
262	262	[treatment] program under Subchapter D or E, the maximum period of
263	263	restoration is two years.
264	264	(b) On expiration of the maximum restoration period under
265	265	Subsection (a), the mental hospital, [or other inpatient or
266	266	residential] facility, or [outpatient treatment] program provider
267	267	identified in the most recent order of commitment or order of
268	268	outpatient [treatment] program participation under this chapter
269	269	shall assess the defendant to determine if civil proceedings under
270	270	Subtitle C or D, Title 7, Health and Safety Code, are appropriate.
271	271	The defendant may be confined for an additional period in a mental
272	272	hospital or other [inpatient or residential] facility or jail-based
273	273	program or ordered to participate for an additional period in an
274	274	outpatient [treatment] program, as appropriate, only pursuant to
275	275	civil proceedings conducted under Subtitle C or D, Title 7, Health
276	276	and Safety Code, by a court with probate jurisdiction.
277	277	(c) The cumulative period described by Subsection (a):
278	278	(1) begins on the date the initial order of commitment
279	279	or initial order for outpatient [treatment] program participation
280	280	is entered under this chapter; and
281	281	(2) in addition to any inpatient or outpatient
282	282	treatment periods or program participation periods described by
283	283	Subsection (a), includes any time that, following the entry of an
284	284	order described by Subdivision (1), the defendant is confined in a
285	285	correctional facility, as defined by Section 1.07, Penal Code, or
286	286	is otherwise in the custody of the sheriff during or while awaiting,
287	287	as applicable:
288	288	(A) the defendant's transfer to:
289	289	(i) a mental hospital or other inpatient or
290	290	residential facility; or
291	291	(ii) a jail-based restoration of competency
292	292	program;
293	293	(B) the defendant's release on bail to
294	294	participate in an outpatient treatment program; or
295	295	(C) a criminal trial following any temporary
296	296	restoration of the defendant's competency to stand trial.
297	297	(d) The court shall credit to the cumulative period
298	298	described by Subsection (a) any time that a defendant, following
299	299	arrest for the offense for which the defendant was to be tried, is
300	300	confined in a correctional facility, as defined by Section 1.07,
301	301	Penal Code, before the initial order of commitment or initial order
302	302	for outpatient [treatment] program participation is entered under
303	303	this chapter.
304	304	SECTION 7. Article 46B.010, Code of Criminal Procedure, is
305	305	amended to read as follows:
306	306	Art. 46B.010. MANDATORY DISMISSAL OF MISDEMEANOR CHARGES.
307	307	If a court orders that a defendant charged with a misdemeanor
308	308	punishable by confinement be committed to a mental hospital or
309	309	other inpatient or residential facility or to a jail-based
310	310	restoration of competency program, participate in an outpatient
311	311	[treatment] program, or be subjected to any combination of [both]
312	312	inpatient or [and] outpatient treatment or program participation,
313	313	and the defendant is not tried before the expiration of the maximum
314	314	period of restoration described by Article 46B.0095:
315	315	(1) on the motion of the attorney representing the
316	316	state, the court shall dismiss the charge; or
317	317	(2) on the motion of the attorney representing the
318	318	defendant and notice to the attorney representing the state, the
319	319	court:
320	320	(A) shall set the matter to be heard not later
321	321	than the 10th day after the date of filing of the motion; and
322	322	(B) may dismiss the charge on a finding that the
323	323	defendant was not tried before the expiration of the maximum period
324	324	of restoration.
325	325	SECTION 8. Article 46B.026, Code of Criminal Procedure, is
326	326	amended by adding Subsection (d) to read as follows:
327	327	(d) The court shall submit to the Office of Court
328	328	Administration of the Texas Judicial System on a monthly basis the
329	329	number of reports provided to the court under this article.
330	330	SECTION 9. Article 46B.071(a), Code of Criminal Procedure,
331	331	is amended to read as follows:
332	332	(a) Except as provided by Subsection (b), on a determination
333	333	that a defendant is incompetent to stand trial and is subject to an
334	334	initial restoration period, the court shall:
335	335	(1) if the defendant is charged with an offense
336	336	punishable as a Class B misdemeanor:
337	337	(A) commit the defendant to a program [facility]
338	338	under Article 46B.073; or
339	339	(B) [(2)] release the defendant on bail under
340	340	Article 46B.0711; or
341	341	(2) if the defendant is charged with an offense
342	342	punishable as a Class A misdemeanor or any higher category of
343	343	offense:
344	344	(A) commit the defendant to a facility or program
345	345	under Article 46B.073; or
346	346	(B) release the defendant on bail under Article
347	347	46B.072.
348	348	SECTION 10. Subchapter D, Chapter 46B, Code of Criminal
349	349	Procedure, is amended by adding Article 46B.0711 to read as
350	350	follows:
351	351	Art. 46B.0711. RELEASE ON BAIL FOR CLASS B MISDEMEANOR. (a)
352	352	Subject to conditions reasonably related to ensuring public safety
353	353	and the effectiveness of the defendant's treatment, if the court
354	354	determines that a defendant charged with an offense punishable as a
355	355	Class B misdemeanor and found incompetent to stand trial is not a
356	356	danger to others and may be safely treated on an outpatient basis
357	357	with the specific objective of attaining competency to stand trial,
358	358	the court shall:
359	359	(1) release the defendant on bail or continue the
360	360	defendant's release on bail; and
361	361	(2) order the defendant to participate in an
362	362	outpatient treatment program for a period not to exceed 90 days.
363	363	(b) If the defendant successfully completes the outpatient
364	364	treatment program described by Subsection (a), the court shall:
365	365	(1) on the motion of the attorney representing the
366	366	state, dismiss the charge; or
367	367	(2) proceed as otherwise required by this subchapter.
368	368	(c) If the defendant does not successfully complete the
369	369	outpatient treatment program described by Subsection (a), the court
370	370	may:
371	371	(1) for the remainder of the 90-day period described
372	372	by Subsection (a)(2), commit the defendant to a jail-based
373	373	restoration of competency program under Article 46B.073 if the
374	374	maximum period of restoration described by Article 46B.0095 has not
375	375	expired; or
376	376	(2) on the motion of the attorney representing the
377	377	state, dismiss the charge.
378	378	SECTION 11. The heading to Article 46B.072, Code of
379	379	Criminal Procedure, is amended to read as follows:
380	380	Art. 46B.072. RELEASE ON BAIL FOR CLASS A MISDEMEANOR OR
381	381	FELONY.
382	382	SECTION 12. Article 46B.072, Code of Criminal Procedure, is
383	383	amended by amending Subsection (a-1) and adding Subsections (e) and
384	384	(f) to read as follows:
385	385	(a-1) Subject to conditions reasonably related to ensuring
386	386	[assuring] public safety and the effectiveness of the defendant's
387	387	treatment, if the court determines that a defendant found
388	388	incompetent to stand trial is not a danger to others and may be
389	389	safely treated on an outpatient basis with the specific objective
390	390	of attaining competency to stand trial and if an appropriate
391	391	outpatient treatment program is available for the defendant, the
392	392	court:
393	393	(1) may release on bail a defendant found incompetent
394	394	to stand trial with respect to an offense punishable as a felony or
395	395	may continue the defendant's release on bail; and
396	396	(2) shall release on bail a defendant found
397	397	incompetent to stand trial with respect to an offense punishable as
398	398	a Class A [a] misdemeanor or shall continue the defendant's release
399	399	on bail.
400	400	(e) If the defendant successfully completes the outpatient
401	401	treatment program described by Subsection (a-1), the court shall:
402	402	(1) on the motion of the attorney representing the
403	403	state, dismiss the charge; or
404	404	(2) proceed as otherwise required by this subchapter.
405	405	(f) If the defendant does not successfully complete the
406	406	outpatient treatment program described by Subsection (a-1), the
407	407	court may:
408	408	(1) for the remainder of the 120-day period described
409	409	by Subsection (b), commit the defendant to a facility or to a
410	410	jail-based restoration of competency program under Article 46B.073
411	411	if the maximum period of restoration described by Article 46B.0095
412	412	has not expired; or
413	413	(2) on the motion of the attorney representing the
414	414	state, dismiss the charge.
415	415	SECTION 13. Article 46B.073, Code of Criminal Procedure, is
416	416	amended to read as follows:
417	417	Art. 46B.073. COMMITMENT FOR RESTORATION TO COMPETENCY. (a)
418	418	This article applies only to a defendant [not released on bail] who
419	419	is subject to an initial restoration period based on Article
420	420	46B.071 and who:
421	421	(1) was not released on bail; or
422	422	(2) if released on bail, is made subject to this
423	423	article by action of the court under Article 46B.0711(c) or
424	424	46B.072(f).
425	425	(b) For further examination, psychiatric stabilization, and
426	426	treatment toward the specific objective of the defendant attaining
427	427	competency to stand trial, the court shall commit a defendant
428	428	described by Subsection (a) to a mental health facility, [or]
429	429	residential care facility, or jail-based restoration of competency
430	430	program for the applicable period as follows:
431	431	(1) a period of not more than 60 days, if the defendant
432	432	is described by Subsection (a)(1) and charged with an offense
433	433	punishable as a misdemeanor; [or]
434	434	(2) a period of not more than 120 days, if the
435	435	defendant is described by Subsection (a)(1) and charged with an
436	436	offense punishable as a felony; or
437	437	(3) the remainder of the restoration period specified
438	438	by the court under Article 46B.0711 or 46B.072, as applicable.
439	439	(b-1) A defendant charged with an offense punishable as a
440	440	Class B misdemeanor may be committed under this subchapter only to a
441	441	jail-based restoration of competency program.
442	442	(c) If the defendant is charged with an offense listed in
443	443	Article 17.032(a), other than an offense listed in Article
444	444	17.032(a)(6), or the indictment alleges an affirmative finding
445	445	under Article 42A.054(c) or (d), the court shall enter an order
446	446	committing the defendant for psychiatric stabilization to the
447	447	maximum security unit of any facility designated by the Department
448	448	of State Health Services, to an agency of the United States
449	449	operating a mental hospital, [or] to a Department of Veterans
450	450	Affairs hospital, or to a jail-based restoration of competency
451	451	program.
452	452	(d) If the defendant is not charged with an offense
453	453	described by Subsection (c) and the indictment does not allege an
454	454	affirmative finding under Article 42A.054(c) or (d), the court
455	455	shall enter an order committing the defendant for psychiatric
456	456	stabilization to a jail-based restoration of competency program or
457	457	to a mental health facility or residential care facility determined
458	458	to be appropriate by the local mental health authority or local
459	459	intellectual and developmental disability authority.
460	460	(e) On notification from the head of a facility or a program
461	461	provider under Article 46B.079(b)(1), the court shall order the
462	462	defendant to receive competency restoration education services in a
463	463	jail-based restoration of competency program or in an outpatient
464	464	competency restoration education program, as appropriate.
465	465	(f) If a defendant for whom an order is entered under
466	466	Subsection (e) was committed for psychiatric stabilization to a
467	467	facility other than a jail-based restoration of competency program,
468	468	the court shall send a copy of that order to:
469	469	(1) the sheriff of the county in which the court is
470	470	located; and
471	471	(2) the head of the facility to which the defendant was
472	472	committed for psychiatric stabilization [Notwithstanding
473	473	Subsections (b), (c), and (d) and notwithstanding the contents of
474	474	the applicable order of commitment, in a county in which the
475	475	Department of State Health Services operates a jail-based
476	476	restoration of competency pilot program under Article 46B.090, a
477	477	defendant for whom an order is issued under this article committing
478	478	the defendant to a mental health facility or residential care
479	479	facility shall be provided competency restoration services at the
480	480	jail under the pilot program if the service provider at the jail
481	481	determines the defendant will immediately begin to receive
482	482	services. If the service provider at the jail determines the
483	483	defendant will not immediately begin to receive competency
484	484	restoration services, the defendant shall be transferred to the
485	485	appropriate mental health facility or residential care facility as
486	486	provided by the court order. This subsection expires September 1,
487	487	2019].
488	488	SECTION 14. Article 46B.074(a), Code of Criminal Procedure,
489	489	is amended to read as follows:
490	490	(a) A defendant may be committed to a jail-based restoration
491	491	of competency program, mental health facility, or residential care
492	492	facility under this subchapter only on competent medical or
493	493	psychiatric testimony provided by an expert qualified under Article
494	494	46B.022.
495	495	SECTION 15. Article 46B.075, Code of Criminal Procedure, is
496	496	amended to read as follows:
497	497	Art. 46B.075. TRANSFER OF DEFENDANT TO FACILITY OR
498	498	[OUTPATIENT TREATMENT] PROGRAM. An order issued under Article
499	499	46B.0711, 46B.072, or 46B.073 must place the defendant in the
500	500	custody of the sheriff for transportation to the facility or
501	501	[outpatient treatment] program, as applicable, in which the
502	502	defendant is to receive treatment for purposes of competency
503	503	restoration.
504	504	SECTION 16. Articles 46B.0755(a), (b), and (d), Code of
505	505	Criminal Procedure, are amended to read as follows:
506	506	(a) Notwithstanding any other provision of this subchapter,
507	507	if the court receives credible evidence indicating that the
508	508	defendant has been restored to competency at any time after the
509	509	defendant's incompetency trial under Subchapter C but before the
510	510	defendant is transported under Article 46B.075 to the [a mental
511	511	health facility, residential care] facility[,] or [outpatient
512	512	treatment] program, as applicable, the court may appoint
513	513	disinterested experts to reexamine the defendant in accordance with
514	514	Subchapter B. The court is not required to appoint the same expert
515	515	or experts who performed the initial examination of the defendant
516	516	under that subchapter.
517	517	(b) If after a reexamination of the defendant the applicable
518	518	expert's report states an opinion that the defendant remains
519	519	incompetent, the court's order under Article 46B.0711, 46B.072, or
520	520	46B.073 remains in effect, and the defendant shall be transported
521	521	to the facility or [outpatient treatment] program as required by
522	522	Article 46B.075. If after a reexamination of the defendant the
523	523	applicable expert's report states an opinion that the defendant has
524	524	been restored to competency, the court shall withdraw its order
525	525	under Article 46B.0711, 46B.072, or 46B.073 and proceed under
526	526	Subsection (c) or (d).
527	527	(d) The court shall hold a hearing to determine whether the
528	528	defendant has been restored to competency if any party fails to
529	529	agree or if the court fails to concur that the defendant is
530	530	competent to stand trial. If a court holds a hearing under this
531	531	subsection, on the request of the counsel for either party or the
532	532	motion of the court, a jury shall make the competency
533	533	determination. For purposes of the hearing, incompetency is
534	534	presumed, and the defendant's competency must be proved by a
535	535	preponderance of the evidence. If after the hearing the defendant
536	536	is again found to be incompetent to stand trial, the court shall
537	537	issue a new order under Article 46B.0711, 46B.072, or 46B.073, as
538	538	appropriate based on the defendant's current condition.
539	539	SECTION 17. Article 46B.076, Code of Criminal Procedure, is
540	540	amended to read as follows:
541	541	Art. 46B.076. COURT'S ORDER. (a) If the defendant is found
542	542	incompetent to stand trial, not later than the date of the order of
543	543	commitment or of release on bail, as applicable, the court shall
544	544	send a copy of the order to the applicable facility [to which the
545	545	defendant is committed] or [the outpatient treatment] program [to
546	546	which the defendant is released]. The court shall also provide to
547	547	the facility or [outpatient treatment] program copies of the
548	548	following made available to the court during the incompetency
549	549	trial:
550	550	(1) reports of each expert;
551	551	(2) psychiatric, psychological, or social work
552	552	reports that relate to the mental condition of the defendant;
553	553	(3) documents provided by the attorney representing
554	554	the state or the attorney representing the defendant that relate to
555	555	the defendant's current or past mental condition;
556	556	(4) copies of the indictment or information and any
557	557	supporting documents used to establish probable cause in the case;
558	558	(5) the defendant's criminal history record; and
559	559	(6) the addresses of the attorney representing the
560	560	state and the attorney representing the defendant.
561	561	(b) The court shall order that the transcript of all medical
562	562	testimony received by the jury or court be promptly prepared by the
563	563	court reporter and forwarded to the applicable [proper] facility or
564	564	[outpatient treatment] program.
565	565	SECTION 18. Article 46B.077, Code of Criminal Procedure, is
566	566	amended to read as follows:
567	567	Art. 46B.077. INDIVIDUAL TREATMENT PROGRAM. (a) The
568	568	facility or jail-based program to which the defendant is committed
569	569	or the outpatient treatment program to which the defendant is
570	570	released on bail shall:
571	571	(1) develop an individual program of treatment;
572	572	(2) assess and evaluate whether the defendant is
573	573	likely to be restored to competency in the foreseeable future; and
574	574	(3) report to the court and to the local mental health
575	575	authority or to the local intellectual and developmental disability
576	576	authority on the defendant's progress toward achieving competency.
577	577	(b) If the defendant is committed to an inpatient mental
578	578	health facility, [or to a] residential care facility, or jail-based
579	579	restoration of competency program, the facility or program shall
580	580	report to the court at least once during the commitment period. If
581	581	the defendant is released to a treatment program not provided by an
582	582	inpatient mental health facility, [or a] residential care facility,
583	583	or jail-based restoration of competency program, the treatment
584	584	program shall report to the court:
585	585	(1) not later than the 14th day after the date on which
586	586	the defendant's treatment begins; and
587	587	(2) until the defendant is no longer released to the
588	588	treatment program, at least once during each 30-day period
589	589	following the date of the report required by Subdivision (1).
590	590	SECTION 19. Article 46B.078, Code of Criminal Procedure, is
591	591	amended to read as follows:
592	592	Art. 46B.078. CHARGES SUBSEQUENTLY DISMISSED. If the
593	593	charges pending against a defendant are dismissed, the court that
594	594	issued the order under Article 46B.0711, 46B.072, or 46B.073 shall
595	595	send a copy of the order of dismissal to the sheriff of the county in
596	596	which the court is located and to the head of the facility, the
597	597	provider of the jail-based restoration of competency program, or
598	598	the provider of the outpatient [treatment] program, as appropriate.
599	599	On receipt of the copy of the order, the facility or [outpatient
600	600	treatment] program shall discharge the defendant into the care of
601	601	the sheriff for transportation in the manner described by Article
602	602	46B.082.
603	603	SECTION 20. Article 46B.079, Code of Criminal Procedure, is
604	604	amended to read as follows:
605	605	Art. 46B.079. NOTICE AND REPORT TO COURT. (a) The head of
606	606	the facility, the provider of the jail-based restoration of
607	607	competency program, or the provider of the outpatient [treatment]
608	608	program, as appropriate, not later than the 15th day before the date
609	609	on which the initial restoration period is to expire according to
610	610	the terms of the order or under Article 46B.0095 or other applicable
611	611	provisions of this chapter, shall notify the applicable court that
612	612	the period is about to expire.
613	613	(b) The head of the facility, jail-based restoration of
614	614	competency program provider, or outpatient [treatment] program
615	615	provider shall promptly notify the court when the head of the
616	616	facility or [outpatient treatment] program provider believes that:
617	617	(1) the defendant has attained psychiatric
618	618	stabilization but has not attained competency to stand trial;
619	619	(2) the defendant has attained competency to stand
620	620	trial; or
621	621	(3) [(2)] the defendant is not likely to attain
622	622	competency in the foreseeable future.
623	623	(c) When the head of the facility or [outpatient treatment]
624	624	program provider gives notice to the court under Subsection (a),
625	625	(b)(2), or (b)(3) [(b)], the head of the facility or [outpatient
626	626	treatment] program provider also shall file a final report with the
627	627	court stating the reason for the proposed discharge under this
628	628	chapter and including a list of the types and dosages of medications
629	629	prescribed for the defendant while the defendant was in the
630	630	facility or participating in the [outpatient treatment] program.
631	631	To enable any objection to the findings of the report to be made in a
632	632	timely manner under Article 46B.084(a-1), the court shall provide
633	633	copies of the report to the attorney representing the defendant and
634	634	the attorney representing the state.
635	635	(d) If the head of the facility or [outpatient treatment]
636	636	program provider notifies the court that the initial restoration
637	637	period is about to expire, the notice may contain a request for an
638	638	extension of the period for an additional period of 60 days and an
639	639	explanation for the basis of the request. An explanation provided
640	640	under this subsection must include a description of any evidence
641	641	indicating a reduction in the severity of the defendant's symptoms
642	642	or impairment.
643	643	SECTION 21. Article 46B.080(a), Code of Criminal Procedure,
644	644	is amended to read as follows:
645	645	(a) On a request of the head of a facility or a [treatment]
646	646	program provider that is made under Article 46B.079(d) and
647	647	notwithstanding any other provision of this subchapter, the court
648	648	may enter an order extending the initial restoration period for an
649	649	additional period of 60 days.
650	650	SECTION 22. Article 46B.081, Code of Criminal Procedure, is
651	651	amended to read as follows:
652	652	Art. 46B.081. RETURN TO COURT. Subject to Article
653	653	46B.082(b), a defendant committed or released on bail under this
654	654	subchapter shall be returned to the applicable court as soon as
655	655	practicable after notice to the court is provided under Article
656	656	46B.079(a), (b)(2), or (b)(3) [46B.079], but not later than the
657	657	date of expiration of the period for restoration specified by the
658	658	court under Article 46B.0711, 46B.072, or 46B.073.
659	659	SECTION 23. The heading to Article 46B.082, Code of
660	660	Criminal Procedure, is amended to read as follows:
661	661	Art. 46B.082. TRANSPORTATION OF DEFENDANT TO COURT.
662	662	SECTION 24. Article 46B.082(b), Code of Criminal Procedure,
663	663	is amended to read as follows:
664	664	(b) If before the 15th day after the date on which the court
665	665	received notification under Article 46B.079(a), (b)(2), or (b)(3),
666	666	[46B.079] a defendant committed to a facility or jail-based program
667	667	or ordered to participate in an outpatient [treatment] program has
668	668	not been transported to the court that issued the order under
669	669	Article 46B.0711, 46B.072, or 46B.073, as applicable, the head of
670	670	the facility or provider of the jail-based program to which the
671	671	defendant is committed or the provider of the outpatient
672	672	[treatment] program in which the defendant is participating shall
673	673	cause the defendant to be promptly transported to the court and
674	674	placed in the custody of the sheriff of the county in which the
675	675	court is located. The county in which the court is located shall
676	676	reimburse the Department of State Health Services or the Health and
677	677	Human [Department of Aging and Disability] Services Commission, as
678	678	appropriate, for the mileage and per diem expenses of the personnel
679	679	required to transport the defendant, calculated in accordance with
680	680	rates provided in the General Appropriations Act for state
681	681	employees.
682	682	SECTION 25. Subchapter D, Chapter 46B, Code of Criminal
683	683	Procedure, is amended by adding Articles 46B.0825 and 46B.0826 to
684	684	read as follows:
685	685	Art. 46B.0825. DISCHARGE AND TRANSPORTATION OF DEFENDANT
686	686	AFTER PSYCHIATRIC STABILIZATION. (a) As soon as practicable after
687	687	receiving a copy of an order under Article 46B.073(f)(2), the
688	688	applicable facility shall discharge the defendant into the care of
689	689	the sheriff of the county in which the court is located, and the
690	690	sheriff or the sheriff's designee shall transport the defendant to
691	691	the jail-based restoration of competency program or outpatient
692	692	competency restoration education program, as appropriate.
693	693	(b) A jail-based restoration of competency program or
694	694	outpatient competency restoration education program that receives
695	695	a defendant under this article shall give to the court:
696	696	(1) notice regarding the defendant's entry into the
697	697	program for purposes of receiving competency restoration education
698	698	services; and
699	699	(2) subsequent notice as otherwise required under
700	700	Article 46B.079.
701	701	Art. 46B.0826. ADMINISTRATION OF MEDICATION WHILE IN
702	702	CUSTODY OF SHERIFF. A sheriff or other person having custody of a
703	703	defendant for transportation as required by Article 46B.075,
704	704	46B.082, or 46B.0825 shall, according to information available at
705	705	the time and unless directed otherwise by a physician treating the
706	706	defendant, ensure that the defendant is provided with the types and
707	707	dosages of medication prescribed for the defendant.
708	708	SECTION 26. Article 46B.083, Code of Criminal Procedure, is
709	709	amended to read as follows:
710	710	Art. 46B.083. SUPPORTING COMMITMENT INFORMATION PROVIDED
711	711	BY FACILITY [HEAD] OR [OUTPATIENT TREATMENT] PROGRAM [PROVIDER].
712	712	(a) If the head of the facility, the jail-based restoration of
713	713	competency program provider, or the outpatient [treatment] program
714	714	provider believes that the defendant is a person with mental
715	715	illness and meets the criteria for court-ordered mental health
716	716	services under Subtitle C, Title 7, Health and Safety Code, the head
717	717	of the facility or the [outpatient treatment] program provider
718	718	shall have submitted to the court a certificate of medical
719	719	examination for mental illness.
720	720	(b) If the head of the facility, the jail-based restoration
721	721	of competency program provider, or the outpatient [treatment]
722	722	program provider believes that the defendant is a person with an
723	723	intellectual disability, the head of the facility or the
724	724	[outpatient treatment] program provider shall have submitted to the
725	725	court an affidavit stating the conclusions reached as a result of
726	726	the examination.
727	727	SECTION 27. Articles 46B.086(a), (b), (c), and (d), Code of
728	728	Criminal Procedure, are amended to read as follows:
729	729	(a) This article applies only to a defendant:
730	730	(1) who is determined under this chapter to be
731	731	incompetent to stand trial;
732	732	(2) who either:
733	733	(A) remains confined in a correctional facility,
734	734	as defined by Section 1.07, Penal Code, for a period exceeding 72
735	735	hours while awaiting transfer to an inpatient mental health
736	736	facility, a residential care facility, a jail-based restoration of
737	737	competency program, or an outpatient [treatment] program;
738	738	(B) is committed to an inpatient mental health
739	739	facility, [or] a residential care facility, or a jail-based
740	740	restoration of competency program for the purpose of competency
741	741	restoration;
742	742	(C) is confined in a correctional facility while
743	743	awaiting further criminal proceedings following competency
744	744	restoration treatment;
745	745	(D) is subject to Article 46B.0711, if the court
746	746	has made the determinations required by Subsection (a) of that
747	747	article; or
748	748	(E) [(D)] is subject to Article 46B.072, if the
749	749	court has made the determinations required by Subsection (a-1) of
750	750	that article;
751	751	(3) for whom a correctional facility that employs or
752	752	contracts with a licensed psychiatrist, an inpatient mental health
753	753	facility, a residential care facility, a jail-based restoration of
754	754	competency program, or an outpatient [treatment] program provider
755	755	has prepared a continuity of care plan that requires the defendant
756	756	to take psychoactive medications; and
757	757	(4) who, after a hearing held under Section 574.106 or
758	758	592.156, Health and Safety Code, if applicable, has been found to
759	759	not meet the criteria prescribed by Sections 574.106(a) and (a-1)
760	760	or 592.156(a) and (b), Health and Safety Code, for court-ordered
761	761	administration of psychoactive medications.
762	762	(b) If a defendant described by Subsection (a) refuses to
763	763	take psychoactive medications as required by the defendant's
764	764	continuity of care plan, the director of the [correctional]
765	765	facility or [outpatient treatment] program provider, as
766	766	applicable, shall notify the court in which the criminal
767	767	proceedings are pending of that fact not later than the end of the
768	768	next business day following the refusal. The court shall promptly
769	769	notify the attorney representing the state and the attorney
770	770	representing the defendant of the defendant's refusal. The
771	771	attorney representing the state may file a written motion to compel
772	772	medication. The motion to compel medication must be filed not later
773	773	than the 15th day after the date a judge issues an order stating
774	774	that the defendant does not meet the criteria for court-ordered
775	775	administration of psychoactive medications under Section 574.106
776	776	or 592.156, Health and Safety Code, except that, for a defendant in
777	777	an outpatient [treatment] program, the motion may be filed at any
778	778	time.
779	779	(c) The court, after notice and after a hearing held not
780	780	later than the 10th day after the motion to compel medication is
781	781	filed, may authorize the director of the [correctional] facility or
782	782	the program provider, as applicable, to have the medication
783	783	administered to the defendant, by reasonable force if necessary. A
784	784	hearing under this subsection may be conducted using an electronic
785	785	broadcast system as provided by Article 46B.013.
786	786	(d) The court may issue an order under this article only if
787	787	the order is supported by the testimony of two physicians, one of
788	788	whom is the physician at or with the applicable [correctional]
789	789	facility or [outpatient treatment] program who is prescribing the
790	790	medication as a component of the defendant's continuity of care
791	791	plan and another who is not otherwise involved in proceedings
792	792	against the defendant. The court may require either or both
793	793	physicians to examine the defendant and report on the examination
794	794	to the court.
795	795	SECTION 28. The heading to Article 46B.090, Code of
796	796	Criminal Procedure, is amended to read as follows:
797	797	Art. 46B.090. JAIL-BASED RESTORATION OF COMPETENCY [PILOT]
798	798	PROGRAM IMPLEMENTED BY COMMISSION.
799	799	SECTION 29. Articles 46B.090(a), (a-1), (b), (c), (f), (g),
800	800	(i), (j), (k), (l), and (m), Code of Criminal Procedure, are amended
801	801	to read as follows:
802	802	(a) In this article:
803	803	(1) "Commission" [, "department"] means the Health and
804	804	Human Services Commission [Department of State Health Services].
805	805	(2) "Executive commissioner" means the executive
806	806	commissioner of the Health and Human Services Commission.
807	807	(a-1) The commission may [If the legislature appropriates
808	808	to the department the funding necessary for the department to
809	809	operate a jail-based restoration of competency pilot program as
810	810	described by this article, the department shall] develop and
811	811	implement a jail-based restoration of competency [the pilot]
812	812	program in any county [one or two counties] in this state that
813	813	chooses [choose] to participate in the [pilot] program. In
814	814	developing the [pilot] program, the commission [department] shall
815	815	coordinate and allow for input from a [each] participating county.
816	816	(b) The commission [department] shall contract with a
817	817	provider of jail-based competency restoration services to provide
818	818	services under a [the pilot] program implemented [if the department
819	819	develops a pilot program] under this article. The commission may
820	820	contract with a different provider for each program.
821	821	(c) The executive [Not later than November 1, 2013, the]
822	822	commissioner [of the department] shall adopt rules as necessary to
823	823	implement a [the pilot] program[. In adopting rules] under this
824	824	article, including rules that [the commissioner shall] specify the
825	825	types of information the commission [department] must collect
826	826	[during the operation of the pilot program] for use in evaluating a
827	827	[the outcome of the pilot] program.
828	828	(f) To contract with the commission [department] under
829	829	Subsection (b), a provider of jail-based competency restoration
830	830	services must demonstrate to the commission [department] that:
831	831	(1) the provider:
832	832	(A) has previously provided jail-based
833	833	competency restoration services for one or more years and is
834	834	certified by a nationwide nonprofit organization that accredits
835	835	behavioral health care organizations and programs; [or]
836	836	(B) is a local mental health authority in good
837	837	standing with the commission [that has previously provided
838	838	competency restoration services]; or
839	839	(C) operates under a contract with a local mental
840	840	health authority in good standing with the commission; and
841	841	(2) the provider's jail-based restoration of
842	842	competency [restoration] program:
843	843	(A) provides clinical treatment and competency
844	844	restoration through the use of [uses] a multidisciplinary treatment
845	845	team [to provide clinical treatment that is:
846	846	[(i) directed toward the specific objective
847	847	of restoring the defendant's competency to stand trial; and
848	848	[(ii) similar to the clinical treatment
849	849	provided as part of a competency restoration program at an
850	850	inpatient mental health facility];
851	851	(B) employs or contracts for the services of at
852	852	least one psychiatrist or psychologist;
853	853	(C) provides jail-based competency restoration
854	854	services through trained and experienced staff [assigns staff
855	855	members to defendants participating in the program at an average
856	856	ratio not lower than 3.7 to 1]; [and]
857	857	(D) ensures the safety of participants [provides
858	858	weekly treatment hours commensurate to the treatment hours provided
859	859	as part of a competency restoration program at an inpatient mental
860	860	health facility];
861	861	(E) operates in the jail in a designated space
862	862	that is separate from the space used for the general population of
863	863	the jail;
864	864	(F) provides general health care, mental health
865	865	treatment, and substance use disorder treatment to participants, as
866	866	necessary, for restoration of competency; and
867	867	(G) supplies clinically appropriate psychoactive
868	868	medications for purposes of administering court-ordered medication
869	869	to participants as applicable and in accordance with Article
870	870	46B.086 of this code and Section 574.106, Health and Safety Code
871	871	[(3) the provider is certified by a nationwide
872	872	nonprofit organization that accredits health care organizations
873	873	and programs, such as the Joint Commission on Health Care Staffing
874	874	Services, or the provider is a local mental health authority in good
875	875	standing with the department; and
876	876	[(4) the provider has a demonstrated history of
877	877	successful jail-based competency restoration outcomes or, if the
878	878	provider is a local mental health authority, a demonstrated history
879	879	of successful competency restoration outcomes].
880	880	(g) A contract under Subsection (b) must require a [the]
881	881	designated provider to collect and submit to the commission
882	882	[department] the information specified by rules adopted under
883	883	Subsection (c).
884	884	(i) The psychiatrist or psychologist for the provider shall
885	885	conduct at least two full psychiatric or psychological evaluations
886	886	of the defendant during the period the defendant receives
887	887	competency restoration services in the jail. The psychiatrist or
888	888	psychologist must conduct one evaluation not later than the 21st
889	889	day and one evaluation not later than the 55th day after the date
890	890	the defendant begins to participate in the [pilot] program. The
891	891	psychiatrist or psychologist shall submit to the court a report
892	892	concerning each evaluation required under this subsection.
893	893	(j) If at any time during a defendant's participation in a
894	894	[the jail-based restoration of competency pilot] program
895	895	implemented under this article the psychiatrist or psychologist for
896	896	the provider determines that the defendant has attained competency
897	897	to stand trial:
898	898	(1) the psychiatrist or psychologist for the provider
899	899	shall promptly issue and send to the court a report demonstrating
900	900	that fact; and
901	901	(2) the court shall consider that report as the report
902	902	of an expert stating an opinion that the defendant has been restored
903	903	to competency for purposes of Article 46B.0755(a) or (b).
904	904	(k) If at any time during a defendant's participation in a
905	905	[the jail-based restoration of competency pilot] program
906	906	implemented under this article the psychiatrist or psychologist for
907	907	the provider determines that the defendant's competency to stand
908	908	trial is unlikely to be restored in the foreseeable future:
909	909	(1) the psychiatrist or psychologist for the provider
910	910	shall promptly issue and send to the court a report demonstrating
911	911	that fact; and
912	912	(2) the court shall:
913	913	(A) proceed under Subchapter E or F and order the
914	914	transfer of the defendant, without unnecessary delay, to the first
915	915	available facility that is appropriate for that defendant, as
916	916	provided under Subchapter E or F, as applicable; or
917	917	(B) release the defendant on bail as permitted
918	918	under Chapter 17.
919	919	(l) If the psychiatrist or psychologist for the provider
920	920	determines that a defendant ordered to participate in a [the pilot]
921	921	program implemented under this article has not been restored to
922	922	competency by the end of the 60th day after the date the defendant
923	923	began to participate in the [pilot] program:
924	924	(1) for a defendant charged with a felony, the
925	925	defendant shall be transferred, without unnecessary delay and for
926	926	the remainder of the period prescribed by Article 46B.073(b), to
927	927	the first available facility that is appropriate for that defendant
928	928	as provided by Article 46B.073(c) or (d); and
929	929	(2) for a defendant charged with a misdemeanor, the
930	930	court may:
931	931	(A) order a single extension under Article
932	932	46B.080 and, notwithstanding Article 46B.073(b-1), the transfer of
933	933	the defendant without unnecessary delay to the appropriate mental
934	934	health facility or residential care facility as provided by Article
935	935	46B.073(d) for the remainder of the period under the extension;
936	936	(B) proceed under Subchapter E or F;
937	937	(C) release the defendant on bail as permitted
938	938	under Chapter 17; or
939	939	(D) dismiss the charges in accordance with
940	940	Article 46B.010.
941	941	(m) Unless otherwise provided by this article, the
942	942	provisions of this chapter, including the maximum periods
943	943	prescribed by Article 46B.0095, apply to a defendant receiving
944	944	competency restoration services, including competency restoration
945	945	education services, under a [the pilot] program implemented under
946	946	this article in the same manner as those provisions apply to any
947	947	other defendant who is subject to proceedings under this chapter.
948	948	SECTION 30. Section 614.0032(b), Health and Safety Code, is
949	949	amended to read as follows:
950	950	(b) The office shall:
951	951	(1) with the special assistance of committee members
952	952	appointed under Section 614.002(b)(1):
953	953	(A) review examinations to determine the
954	954	competency of defendants in criminal cases to stand trial and
955	955	examinations to determine the fitness of children to proceed with
956	956	respect to adjudications of delinquent conduct or conduct
957	957	indicating a need for supervision; and
958	958	(B) periodically report to the legislature and
959	959	the court of criminal appeals findings made as a result of the
960	960	review described by Paragraph (A); [and]
961	961	(2) approve and make generally available in electronic
962	962	format a standard form for use by experts in reporting competency
963	963	examination results under Chapter 46B, Code of Criminal Procedure;
964	964	and
965	965	(3) approve and make generally available in electronic
966	966	format a standard form for use by experts in reporting mental health
967	967	assessment results under Article 16.22, Code of Criminal Procedure.
968	968	SECTION 31. Articles 46B.090(h), (n), and (o), Code of
969	969	Criminal Procedure, are repealed.
970	970	SECTION 32. The changes in law made by this Act apply only
971	971	to a defendant charged with an offense committed on or after the
972	972	effective date of this Act. A defendant charged with an offense
973	973	committed before the effective date of this Act is governed by the
974	974	law in effect on the date the offense was committed, and the former
975	975	law is continued in effect for that purpose. For purposes of this
976	976	section, an offense was committed before the effective date of this
977	977	Act if any element of the offense occurred before that date.
978	978	SECTION 33. This Act takes effect September 1, 2017.