Texas 2017 - 85th Regular

Texas House Bill HB3592 Compare Versions

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

Old	New	Differences
1	1	85R15112 GCB-F
2	2	By: Rodriguez of Bexar H.B. No. 3592
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of a mental health jail diversion and
8	8	crisis stabilization unit pilot program.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle C, Title 7, Health and Safety Code, is
11	11	amended by adding Chapter 580 to read as follows:
12	12	CHAPTER 580. MENTAL HEALTH JAIL DIVERSION AND CRISIS STABILIZATION
13	13	UNIT PILOT PROGRAM; BEXAR COUNTY
14	14	Sec. 580.001. DEFINITIONS. In this chapter:
15	15	(1) "Commissioner" means the commissioner of state
16	16	health services.
17	17	(2) "County judge" means the county judge of Bexar
18	18	County.
19	19	(3) "Department" means the Department of State Health
20	20	Services.
21	21	Sec. 580.002. MENTAL HEALTH JAIL DIVERSION AND CRISIS
22	22	STABILIZATION UNIT PILOT PROGRAM. The department, in cooperation
23	23	with the county judge, shall establish a pilot program in Bexar
24	24	County to be implemented by the county judge for the purpose of:
25	25	(1) providing short-term residential treatment in a
26	26	crisis stabilization unit that includes medical and nursing
27	27	services for persons with mental illness who are incarcerated in
28	28	that county; and
29	29	(2) reducing recidivism and the frequency of arrests
30	30	and incarceration among persons with mental illness in that county.
31	31	Sec. 580.003. CRIMINAL JUSTICE MENTAL HEALTH SERVICE MODEL.
32	32	The county judge shall design and test through the pilot program a
33	33	criminal justice mental health service model oriented toward
34	34	providing short-term residential treatment in a crisis
35	35	stabilization unit that includes medical and nursing services and
36	36	toward reducing the recidivism and frequency of arrests and
37	37	incarceration of persons with mental illness in the Bexar County
38	38	jail. The model initially must apply the critical time
39	39	intervention principle described by Section 580.004 and must
40	40	include the following elements:
41	41	(1) medical and nursing services;
42	42	(2) low caseload management;
43	43	(3) multilevel residential services; and
44	44	(4) easy access to:
45	45	(A) integrated health, mental health, and
46	46	chemical dependency services;
47	47	(B) benefits acquisition services; and
48	48	(C) multiple rehabilitation services.
49	49	Sec. 580.004. CRITICAL TIME INTERVENTION. The pilot
50	50	program, in applying the critical time intervention principle, must
51	51	give persons with mental illness access to available social,
52	52	clinical, housing, and welfare services during the first weeks
53	53	after the person's release from jail.
54	54	Sec. 580.005. LOCAL SERVICES COORDINATION. In designing
55	55	the criminal justice mental health service model the county judge
56	56	shall seek input from and coordinate the provision of services with
57	57	the following local entities:
58	58	(1) county or municipal law enforcement agencies;
59	59	(2) the mental health division of the office of the
60	60	district attorney of Bexar County;
61	61	(3) the Bexar County public defender;
62	62	(4) mental health courts;
63	63	(5) specially trained law enforcement crisis
64	64	intervention teams and crisis intervention response teams;
65	65	(6) providers of competency restoration services;
66	66	(7) providers of guardianship services;
67	67	(8) providers of forensic case management;
68	68	(9) providers of assertive community treatment;
69	69	(10) providers of crisis stabilization services;
70	70	(11) providers of intensive and general supportive
71	71	housing; and
72	72	(12) providers of integrated mental health and
73	73	substance abuse inpatient, outpatient, and rehabilitation
74	74	services.
75	75	Sec. 580.006. PROGRAM CAPACITY. (a) In implementing the
76	76	pilot program, the county judge shall ensure the program has the
77	77	resources to provide mental health jail diversion services to not
78	78	fewer than 400 individuals.
79	79	(b) The county judge shall endeavor to serve each year the
80	80	program operates not fewer than 400 or more than 600 individuals
81	81	cumulatively.
82	82	(c) Before the county judge implements the pilot program,
83	83	the department and the county judge jointly shall establish clear
84	84	criteria for identifying a target population to be served by the
85	85	program. The criteria must prioritize serving a target population
86	86	composed of members with the highest risks of recidivism and the
87	87	most severe mental illnesses. The county judge, in consultation
88	88	with the appropriate entities listed in Section 580.005, may adjust
89	89	the criteria established under this subsection during the operation
90	90	of the program provided the adjusted criteria are clearly
91	91	articulated.
92	92	Sec. 580.007. FINANCING THE PROGRAM. (a) The creation of
93	93	the pilot program under this chapter is contingent on the
94	94	continuing agreement of the Commissioners Court of Bexar County to
95	95	contribute to the program each year in which the program operates
96	96	services for persons with mental illness equivalent in value to
97	97	funding provided by the state for the program.
98	98	(b) It is the intent of the legislature that appropriations
99	99	made to fund the pilot program are made in addition to and will not
100	100	reduce the amount of appropriations made in the regular funding of a
101	101	local authority for intellectual and developmental disabilities or
102	102	a local mental health authority that serves Bexar County.
103	103	(c) The Commissioners Court of Bexar County may seek and
104	104	receive gifts and grants from federal sources, foundations,
105	105	individuals, and other sources for the benefit of the pilot
106	106	program.
107	107	Sec. 580.008. INSPECTIONS. The department may make
108	108	inspections of the operation of and provision of mental health jail
109	109	diversion services through the pilot program on behalf of the state
110	110	to ensure state funds appropriated for the pilot program are used
111	111	effectively.
112	112	Sec. 580.009. REPORT. (a) Not later than December 1, 2020,
113	113	the commissioner shall evaluate and submit a report concerning the
114	114	effect of the pilot program in providing short-term residential
115	115	treatment in a crisis stabilization unit that includes medical and
116	116	nursing services and reducing recidivism and the frequency of
117	117	arrests and incarceration among persons with mental illness in
118	118	Bexar County to the governor, the lieutenant governor, the speaker
119	119	of the house of representatives, and the presiding officers of the
120	120	standing committees of the senate and house of representatives
121	121	having primary jurisdiction over health and human services issues
122	122	and over criminal justice issues.
123	123	(b) The report must include a description of the features of
124	124	the criminal justice mental health service model developed and
125	125	tested under the pilot program and the commissioner's
126	126	recommendation whether to expand use of the model statewide.
127	127	(c) In conducting the evaluation required under Subsection
128	128	(a), the commissioner shall compare the rate of recidivism in Bexar
129	129	County among persons in the target population before the date the
130	130	program is implemented in the community to the rate of recidivism
131	131	among those persons two years after the date the program is
132	132	implemented in the community and three years after the date the
133	133	program is implemented in the community. The commissioner may
134	134	include in the evaluation measures of the effectiveness of the
135	135	program related to the well-being of persons served under the
136	136	program.
137	137	Sec. 580.010. CONCLUSION; EXPIRATION. The pilot program
138	138	established under this chapter concludes and this chapter expires
139	139	September 1, 2021.
140	140	SECTION 2. This Act takes effect immediately if it receives
141	141	a vote of two-thirds of all the members elected to each house, as
142	142	provided by Section 39, Article III, Texas Constitution. If this
143	143	Act does not receive the vote necessary for immediate effect, this
144	144	Act takes effect September 1, 2017.