Texas 2017 - 85th Regular

Texas House Bill HB853 Compare Versions

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

Old	New	Differences
1	1	85R3598 GCB-D
2	2	By: Reynolds H.B. No. 853
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 treatment for
8	8	incarceration diversion 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 TREATMENT FOR INCARCERATION DIVERSION
13	13	PILOT PROGRAM; FORT BEND COUNTY
14	14	Sec. 580.001. DEFINITIONS. In this chapter:
15	15	(1) "Commissioner" means the commissioner of the
16	16	department.
17	17	(2) "Commissioners court" means the Fort Bend County
18	18	Commissioners Court.
19	19	(3) "Department" means the Department of State Health
20	20	Services.
21	21	Sec. 580.002. MENTAL HEALTH TREATMENT FOR INCARCERATION
22	22	DIVERSION PILOT PROGRAM. The department, in cooperation with the
23	23	commissioners court, shall establish a pilot program in Fort Bend
24	24	County to be implemented by the commissioners court for the purpose
25	25	of reducing recidivism and the frequency of arrests and
26	26	incarceration of persons with mental illness in that county.
27	27	Sec. 580.003. CRIMINAL JUSTICE MENTAL HEALTH SERVICE MODEL.
28	28	The commissioners court shall design and test through the pilot
29	29	program a criminal justice mental health service model oriented
30	30	toward facilitating treatment for persons with mental illness to
31	31	reduce the recidivism and frequency of arrests and incarceration of
32	32	persons with mental illness in Fort Bend County. The model
33	33	initially must apply the critical time intervention principle
34	34	described by Section 580.004 and must include the following
35	35	elements:
36	36	(1) caseload management;
37	37	(2) multilevel residential services; and
38	38	(3) easy access to:
39	39	(A) integrated health, mental health, and
40	40	chemical dependency services;
41	41	(B) benefits acquisition services; and
42	42	(C) multiple rehabilitation services.
43	43	Sec. 580.004. CRITICAL TIME INTERVENTION. The
44	44	commissioners court, in applying the critical time intervention
45	45	principle through the pilot program, shall endeavor to give persons
46	46	with mental illness access to available social, clinical, housing,
47	47	and welfare services during the first weeks after the person's
48	48	release from jail.
49	49	Sec. 580.005. LOCAL SERVICES COORDINATION. In designing
50	50	the criminal justice mental health service model the commissioners
51	51	court shall seek input from and coordinate the provision of
52	52	services with the following local entities:
53	53	(1) the Fort Bend County Sheriff's Office;
54	54	(2) the mental health division of the office of the
55	55	district attorney of Fort Bend County;
56	56	(3) the Fort Bend County Mental Health Public
57	57	Defender's Office;
58	58	(4) mental health courts;
59	59	(5) specially trained law enforcement crisis
60	60	intervention teams and crisis intervention response teams;
61	61	(6) providers of competency restoration services;
62	62	(7) providers of guardianship services;
63	63	(8) providers of forensic case management;
64	64	(9) providers of assertive community treatment;
65	65	(10) providers of crisis stabilization services;
66	66	(11) providers of intensive and general supportive
67	67	housing; and
68	68	(12) providers of integrated mental health and
69	69	substance abuse inpatient, outpatient, and rehabitation services.
70	70	Sec. 580.006. PROGRAM CAPACITY. (a) In implementing the
71	71	pilot program, the commissioners court shall ensure the program has
72	72	the resources to provide mental health treatment for incarceration
73	73	diversion services to not fewer than 10 individuals.
74	74	(b) The commissioners court shall endeavor to serve each
75	75	year the pilot program operates not fewer than 10 or more than 20
76	76	individuals cumulatively.
77	77	(c) Before the commissioners court implements the pilot
78	78	program, the department and the commissioners court jointly shall
79	79	establish clear criteria for identifying a target population to be
80	80	served by the program. The criteria must prioritize serving a
81	81	target population composed of members at high risk of recidivism
82	82	and with severe mental illness. The commissioners court, in
83	83	consultation with the appropriate entities listed in Section
84	84	580.005, may adjust the criteria established under this subsection
85	85	during the operation of the program provided the adjusted criteria
86	86	are clearly articulated.
87	87	Sec. 580.007. FINANCING THE PROGRAM. (a) The creation of
88	88	the pilot program under this chapter is contingent on the
89	89	continuing agreement of the commissioners court to contribute to
90	90	the program each year in which the program operates services for
91	91	persons with mental illness equivalent in value to funding provided
92	92	by the state for the program.
93	93	(b) It is the intent of the legislature that appropriations
94	94	made to fund the pilot program are made in addition to and will not
95	95	reduce the amount of appropriations made in the regular funding of
96	96	the local mental health authority for Fort Bend County.
97	97	(c) The commissioners court may seek and receive gifts and
98	98	grants from federal sources, foundations, individuals, and other
99	99	sources for the benefit of the pilot program.
100	100	Sec. 580.008. INSPECTIONS. The department may make
101	101	inspections of the operation of and provision of mental health
102	102	treatment for incarceration diversion services through the pilot
103	103	program on behalf of the state to ensure state funds appropriated
104	104	for the program are used effectively.
105	105	Sec. 580.009. REPORT. (a) Not later than December 1, 2020,
106	106	the commissioner shall evaluate and submit a report concerning the
107	107	effect of the pilot program in reducing recidivism and the
108	108	frequency of arrests and incarceration of persons with mental
109	109	illness in Fort Bend County to the governor, the lieutenant
110	110	governor, the speaker of the house of representatives, and the
111	111	presiding officers of the standing committees of the senate and
112	112	house of representatives having primary jurisdiction over health
113	113	and human services issues and over criminal justice issues.
114	114	(b) The report must include a description of the features of
115	115	the criminal justice mental health service model designed and
116	116	tested under the pilot program and the commissioner's
117	117	recommendation whether to expand use of the model statewide.
118	118	(c) In conducting the evaluation required under Subsection
119	119	(a), the commissioner shall compare the rate of recidivism in Fort
120	120	Bend County among persons in the target population before the date
121	121	the pilot program is implemented in the community to the rate of
122	122	recidivism among those persons two years after the date the program
123	123	is implemented in the community and three years after the date the
124	124	program is implemented in the community. The commissioner may
125	125	include in the evaluation measures of the effectiveness of the
126	126	program related to the well-being of persons served under the
127	127	program.
128	128	Sec. 580.010. CONCLUSION; EXPIRATION. The pilot program
129	129	established under this chapter concludes and this chapter expires
130	130	September 1, 2021.
131	131	SECTION 2. This Act takes effect immediately if it receives
132	132	a vote of two-thirds of all the members elected to each house, as
133	133	provided by Section 39, Article III, Texas Constitution. If this
134	134	Act does not receive the vote necessary for immediate effect, this
135	135	Act takes effect September 1, 2017.