85R3563 SMT-D
By: White H.B. No. 637
A BILL TO BE ENTITLED
AN ACT
relating to a committee formed to adopt a plan to deal with mental
illness in the juvenile justice system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 7, Health and Safety Code, is
amended by adding Chapter 581 to read as follows:
CHAPTER 581. LOCAL COMMITTEE ON CHILDREN'S MENTAL HEALTH
Sec. 581.001. DEFINITIONS. In this chapter:
(1) "Child" has the meaning assigned by Section 51.02,
Family Code.
(2) "Committee" means a local committee on children's
mental health formed by a local mental health authority.
(3) "Department" means the Department of State Health
Services.
(4) "Region" means the local service area for which a
local mental health authority designated under Section 533.035 is
responsible.
Sec. 581.002. LOCAL COMMITTEE ON CHILDREN'S MENTAL HEALTH.
(a) Each local mental health authority shall form a local committee
on children's mental health encompassing the authority's region.
(b) The committee shall develop and adopt a plan and submit
the plan to the department not later than January 1, 2019.
Sec. 581.003. COMPOSITION OF COMMITTEE. The local mental
health authority shall appoint the following members to the
committee, if present in the region:
(1) a county judge or a county commissioner to serve as
committee chair;
(2) a representative from each sheriff's department;
(3) a representative from other law enforcement
agencies;
(4) a representative from the office of each
prosecuting attorney, as that term is defined by Section 51.02,
Family Code;
(5) a representative from the Department of Family and
Protective Services' child protective services division;
(6) a representative from each juvenile probation
department;
(7) a representative from the local mental health
authority;
(8) a juvenile court judge;
(9) a juvenile arraignment magistrate;
(10) a representative from a faith-based or nonprofit
organization;
(11) a representative from a private hospital; and
(12) a representative from a public hospital.
Sec. 581.004. DEVELOPMENT OF PLAN. (a) The committee shall
develop and adopt a plan identifying:
(1) the population of children with mental illness who
are committed to the Texas Juvenile Justice Department;
(2) a measurable goal for reducing the population of
children with mental illness who are committed to the Texas
Juvenile Justice Department;
(3) a method for improving indigent defense for
children with mental illness who are alleged to have engaged in
delinquent conduct or conduct indicating a need for supervision
under Section 51.03, Family Code;
(4) a method for addressing mental illness among
children who are the subject of an investigation under Chapter 261,
Family Code;
(5) a method for quickly identifying and diverting
children with mental illness from the Texas Juvenile Justice
Department in the interest of public safety, justice, and public
health; and
(6) a method for providing community supervision to:
(A) reduce recidivism among children adjudicated
as having engaged in delinquent conduct or conduct indicating a
need for supervision under Section 51.03, Family Code; and
(B) reduce the population of children aging out
of the Texas Juvenile Justice Department and into the adult
criminal justice system.
(b) The committee must unanimously agree on the adopted
plan.
Sec. 581.005. DISSOLUTION OF COMMITTEE. The committee
shall dissolve after the committee submits its plan to the
department.
Sec. 581.006. CONDITION TO RECEIVE CONTINUED STATE FUNDING
FOR BEHAVIORAL HEALTH. The department may not distribute to a local
mental health authority state funds for mental or behavioral health
services for the fiscal biennium beginning September 1, 2019,
unless the authority's committee has submitted to the department
its plan on or before January 1, 2019.
Sec. 581.007. EXPIRATION. This chapter expires August 31,
2021.
SECTION 2. This Act takes effect September 1, 2017.