| 1 | 1 | | 85R19604 SMT-D |
|---|
| 2 | 2 | | By: White, Johnson of Harris H.B. No. 637 |
|---|
| 3 | 3 | | Substitute the following for H.B. No. 637: |
|---|
| 4 | 4 | | By: Price C.S.H.B. No. 637 |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to a committee formed to adopt a plan to deal with mental |
|---|
| 10 | 10 | | illness in the juvenile justice system. |
|---|
| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Subtitle C, Title 7, Health and Safety Code, is |
|---|
| 13 | 13 | | amended by adding Chapter 581 to read as follows: |
|---|
| 14 | 14 | | CHAPTER 581. LOCAL COMMITTEE ON CHILDREN'S MENTAL HEALTH |
|---|
| 15 | 15 | | Sec. 581.001. DEFINITIONS. In this chapter: |
|---|
| 16 | 16 | | (1) "Child" has the meaning assigned by Section 51.02, |
|---|
| 17 | 17 | | Family Code. |
|---|
| 18 | 18 | | (2) "Commission" means the Health and Human Services |
|---|
| 19 | 19 | | Commission. |
|---|
| 20 | 20 | | (3) "Committee" means a local committee on children's |
|---|
| 21 | 21 | | mental health formed by a local mental health authority. |
|---|
| 22 | 22 | | (4) "Region" means the local service area for which a |
|---|
| 23 | 23 | | local mental health authority designated under Section 533.035 is |
|---|
| 24 | 24 | | responsible. |
|---|
| 25 | 25 | | Sec. 581.002. LOCAL COMMITTEE ON CHILDREN'S MENTAL HEALTH. |
|---|
| 26 | 26 | | (a) Each local mental health authority shall form a local committee |
|---|
| 27 | 27 | | on children's mental health encompassing the authority's region. |
|---|
| 28 | 28 | | (b) The committee shall develop and adopt a plan and submit |
|---|
| 29 | 29 | | the plan to the commission not later than January 1, 2019. |
|---|
| 30 | 30 | | Sec. 581.003. COMPOSITION OF COMMITTEE. The local mental |
|---|
| 31 | 31 | | health authority shall appoint the following members to the |
|---|
| 32 | 32 | | committee, if present in the region: |
|---|
| 33 | 33 | | (1) a county judge or a county commissioner to serve as |
|---|
| 34 | 34 | | committee chair; |
|---|
| 35 | 35 | | (2) a representative from each sheriff's department; |
|---|
| 36 | 36 | | (3) a representative from other law enforcement |
|---|
| 37 | 37 | | agencies; |
|---|
| 38 | 38 | | (4) a representative from the office of each |
|---|
| 39 | 39 | | prosecuting attorney, as that term is defined by Section 51.02, |
|---|
| 40 | 40 | | Family Code; |
|---|
| 41 | 41 | | (5) a representative from the Department of Family and |
|---|
| 42 | 42 | | Protective Services' child protective services division; |
|---|
| 43 | 43 | | (6) a representative from each juvenile probation |
|---|
| 44 | 44 | | department; |
|---|
| 45 | 45 | | (7) a representative from the local mental health |
|---|
| 46 | 46 | | authority; |
|---|
| 47 | 47 | | (8) a juvenile court judge; |
|---|
| 48 | 48 | | (9) a juvenile arraignment magistrate; |
|---|
| 49 | 49 | | (10) a representative from a faith-based or nonprofit |
|---|
| 50 | 50 | | organization; |
|---|
| 51 | 51 | | (11) a representative from a private hospital; and |
|---|
| 52 | 52 | | (12) a representative from a public hospital. |
|---|
| 53 | 53 | | Sec. 581.004. DEVELOPMENT OF PLAN. (a) The committee shall |
|---|
| 54 | 54 | | develop and adopt a plan identifying: |
|---|
| 55 | 55 | | (1) the population of children with mental illness who |
|---|
| 56 | 56 | | are committed to the Texas Juvenile Justice Department; |
|---|
| 57 | 57 | | (2) a measurable goal for reducing the population of |
|---|
| 58 | 58 | | children with mental illness who are committed to the Texas |
|---|
| 59 | 59 | | Juvenile Justice Department; |
|---|
| 60 | 60 | | (3) a method for improving indigent defense for |
|---|
| 61 | 61 | | children with mental illness who are alleged to have engaged in |
|---|
| 62 | 62 | | delinquent conduct or conduct indicating a need for supervision |
|---|
| 63 | 63 | | under Section 51.03, Family Code; |
|---|
| 64 | 64 | | (4) a method for addressing mental illness among |
|---|
| 65 | 65 | | children who are the subject of an investigation under Chapter 261, |
|---|
| 66 | 66 | | Family Code; |
|---|
| 67 | 67 | | (5) a method for quickly identifying and diverting |
|---|
| 68 | 68 | | children with mental illness from the Texas Juvenile Justice |
|---|
| 69 | 69 | | Department in the interest of public safety, justice, and public |
|---|
| 70 | 70 | | health; and |
|---|
| 71 | 71 | | (6) a method for providing community supervision to: |
|---|
| 72 | 72 | | (A) reduce recidivism among children adjudicated |
|---|
| 73 | 73 | | as having engaged in delinquent conduct or conduct indicating a |
|---|
| 74 | 74 | | need for supervision under Section 51.03, Family Code; and |
|---|
| 75 | 75 | | (B) reduce the population of children aging out |
|---|
| 76 | 76 | | of the Texas Juvenile Justice Department and into the adult |
|---|
| 77 | 77 | | criminal justice system. |
|---|
| 78 | 78 | | (b) The committee must unanimously agree on the adopted |
|---|
| 79 | 79 | | plan. |
|---|
| 80 | 80 | | Sec. 581.005. DISSOLUTION OF COMMITTEE. The committee |
|---|
| 81 | 81 | | shall dissolve after the committee submits its plan to the |
|---|
| 82 | 82 | | commission. |
|---|
| 83 | 83 | | Sec. 581.006. CONDITION TO RECEIVE CONTINUED STATE FUNDING |
|---|
| 84 | 84 | | FOR MENTAL OR BEHAVIORAL HEALTH SERVICES. The commission may not |
|---|
| 85 | 85 | | distribute to a local mental health authority state funds for |
|---|
| 86 | 86 | | mental or behavioral health services for the fiscal biennium |
|---|
| 87 | 87 | | beginning September 1, 2019, unless the authority's committee has |
|---|
| 88 | 88 | | submitted to the commission its plan on or before January 1, 2019. |
|---|
| 89 | 89 | | Sec. 581.007. EXPIRATION. This chapter expires August 31, |
|---|
| 90 | 90 | | 2021. |
|---|
| 91 | 91 | | SECTION 2. This Act takes effect September 1, 2017. |
|---|