Texas 2017 - 85th Regular

Texas Senate Bill SB1183 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Perry S.B. No. 1183
2		-	(In the Senate - Filed March 1, 2017; March 9, 2017, read
3		-	first time and referred to Committee on Criminal Justice;
4		-	April 20, 2017, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 7, Nays 0; April 20, 2017,
6		-	sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 1183 By: Perry
	2	+	(Price)
9	3
10	4
11	5		A BILL TO BE ENTITLED
12	6		AN ACT
13	7		relating to procedures regarding criminal defendants who are or may
14	8		be persons with a mental illness or an intellectual disability and
15	9		to the period for which a person may be committed to receive certain
16	10		temporary mental health services.
17	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
18	12		SECTION 1. Article 32A.01, Code of Criminal Procedure, is
19	13		amended by amending Subsection (a) and adding Subsection (c) to
20	14		read as follows:
21	15		(a) Insofar as is practicable, the trial of a criminal
22	16		action shall be given preference over trials of civil cases, and the
23	17		trial of a criminal action against a defendant who is detained in
24	18		jail pending trial of the action shall be given preference over
25	19		trials of other criminal actions not described by Subsection (b) or
26	20		(c).
27	21		(c) Except as provided by Subsection (b), the trial of a
28	22		criminal action against a defendant who has been determined to be
29	23		restored to competency under Article 46B.084 shall be given
30	24		preference over other matters before the court, whether civil or
31	25		criminal.
32	26		SECTION 2. Article 46B.001, Code of Criminal Procedure, is
33	27		amended by adding Subdivision (9) to read as follows:
34	28		(9) "Competency restoration" means the treatment or
35	29		education process for restoring a person's ability to consult with
36	30		the person's attorney with a reasonable degree of rational
37	31		understanding, including a rational and factual understanding of
38	32		the court proceedings and charges against the person.
39	33		SECTION 3. The heading to Article 46B.0095, Code of
40	34		Criminal Procedure, is amended to read as follows:
41	35		Art. 46B.0095. MAXIMUM PERIOD OF COMMITMENT OR [OUTPATIENT
42	36		TREATMENT] PROGRAM PARTICIPATION DETERMINED BY MAXIMUM TERM FOR
43	37		OFFENSE.
44	38		SECTION 4. Articles 46B.0095(a), (b), (c), and (d), Code of
45	39		Criminal Procedure, are amended to read as follows:
46	40		(a) A defendant may not, under Subchapter D or E or any other
47	41		provision of this chapter, be committed to a mental hospital or
48	42		other inpatient or residential facility or to a jail-based
49	43		competency restoration program, ordered to participate in an
50	44		outpatient competency restoration or treatment program, or
51	45		subjected to any combination of [both] inpatient treatment, [and]
52	46		outpatient competency restoration or treatment program
53	47		participation, or jail-based competency restoration under this
54	48		chapter for a cumulative period that exceeds the maximum term
55	49		provided by law for the offense for which the defendant was to be
56	50		tried, except that if the defendant is charged with a misdemeanor
57	51		and has been ordered only to participate in an outpatient
58	52		competency restoration or treatment program under Subchapter D or
59	53		E, the maximum period of restoration is two years.
60	54		(b) On expiration of the maximum restoration period under
61	55		Subsection (a), the mental hospital, [or other inpatient or
62	56		residential] facility, or [outpatient treatment] program provider
63	57		identified in the most recent order of commitment or order of
64	58		outpatient competency restoration or treatment program
65	59		participation under this chapter shall assess the defendant to
66	60		determine if civil proceedings under Subtitle C or D, Title 7,
67	61		Health and Safety Code, are appropriate. The defendant may be
68	62		confined for an additional period in a mental hospital or other
69	63		[inpatient or residential] facility or may be ordered to
70	64		participate for an additional period in an outpatient treatment
71	65		program, as appropriate, only pursuant to civil proceedings
72	66		conducted under Subtitle C or D, Title 7, Health and Safety Code, by
73	67		a court with probate jurisdiction.
74	68		(c) The cumulative period described by Subsection (a):
75	69		(1) begins on the date the initial order of commitment
76	70		or initial order for outpatient competency restoration or treatment
77	71		program participation is entered under this chapter; and
78	72		(2) in addition to any inpatient or outpatient
79	73		competency restoration [treatment] periods or program
80	74		participation periods described by Subsection (a), includes any
81	75		time that, following the entry of an order described by Subdivision
82	76		(1), the defendant is confined in a correctional facility, as
83	77		defined by Section 1.07, Penal Code, or is otherwise in the custody
84	78		of the sheriff during or while awaiting, as applicable:
85	79		(A) the defendant's transfer to:
86	80		(i) a mental hospital or other inpatient or
87	81		residential facility; or
88	82		(ii) a jail-based competency restoration
89	83		program;
90	84		(B) the defendant's release on bail to
91	85		participate in an outpatient competency restoration or treatment
92	86		program; or
93	87		(C) a criminal trial following any temporary
94	88		restoration of the defendant's competency to stand trial.
95	89		(d) The court shall credit to the cumulative period
96	90		described by Subsection (a) any time that a defendant, following
97	91		arrest for the offense for which the defendant was to be tried, is
98	92		confined in a correctional facility, as defined by Section 1.07,
99	93		Penal Code, before the initial order of commitment or initial order
100	94		for outpatient competency restoration or treatment program
101	95		participation is entered under this chapter.
102	96		SECTION 5. Article 46B.010, Code of Criminal Procedure, is
103	97		amended to read as follows:
104	98		Art. 46B.010. MANDATORY DISMISSAL OF MISDEMEANOR CHARGES.
105	99		If a court orders that a defendant charged with a misdemeanor
106	100		punishable by confinement be committed to a mental hospital or
107	101		other inpatient or residential facility or to a jail-based
108	102		competency restoration program, participate in an outpatient
109	103		competency restoration or treatment program, or be subjected to any
110	104		combination of [both] inpatient treatment, [and] outpatient
111	105		competency restoration or treatment program participation, or
112	106		jail-based competency restoration under this chapter, and the
113	107		defendant is not tried before the expiration of the maximum period
114	108		of restoration described by Article 46B.0095:
115	109		(1) on the motion of the attorney representing the
116	110		state, the court shall dismiss the charge; or
117	111		(2) on the motion of the attorney representing the
118	112		defendant and notice to the attorney representing the state, the
119	113		court:
120	114		(A) shall set the matter to be heard not later
121	115		than the 10th day after the date of filing of the motion; and
122	116		(B) may dismiss the charge on a finding that the
123	117		defendant was not tried before the expiration of the maximum period
124	118		of restoration.
125	119		SECTION 6. Article 46B.026, Code of Criminal Procedure, is
126	120		amended by adding Subsection (d) to read as follows:
127	121		(d) The court shall submit to the Office of Court
128	122		Administration of the Texas Judicial System on a monthly basis the
129	123		number of reports provided to the court under this article.
130	124		SECTION 7. Article 46B.071(a), Code of Criminal Procedure,
131	125		is amended to read as follows:
132	126		(a) Except as provided by Subsection (b), on a determination
133	127		that a defendant is incompetent to stand trial, the court shall:
134	128		(1) if the defendant is charged with an offense
135	129		punishable as a Class B misdemeanor:
136	130		(A) [commit the defendant to a facility under
137	131		Article 46B.073; or
138	132		[(2)] release the defendant on bail under Article
139	133		46B.0711; or
140	134		(B) commit the defendant to:
141	135		(i) a jail-based competency restoration
142	136		program under Article 46B.073(e); or
143	137		(ii) a mental health facility or
144	138		residential care facility under Article 46B.073(f); or
145	139		(2) if the defendant is charged with an offense
146	140		punishable as a Class A misdemeanor or any higher category of
147	141		offense:
148	142		(A) release the defendant on bail under Article
149	143		46B.072; or
150	144		(B) commit the defendant to a facility or a
151	145		jail-based competency restoration program under Article 46B.073(c)
152	146		or (d).
153	147		SECTION 8. Subchapter D, Chapter 46B, Code of Criminal
154	148		Procedure, is amended by adding Article 46B.0711 to read as
155	149		follows:
156	150		Art. 46B.0711. RELEASE ON BAIL FOR CLASS B MISDEMEANOR.
157	151		(a) This article applies only to a defendant who is subject to an
158	152		initial restoration period based on Article 46B.071.
159	153		(b) Subject to conditions reasonably related to ensuring
160	154		public safety and the effectiveness of the defendant's treatment,
161	155		if the court determines that a defendant charged with an offense
162	156		punishable as a Class B misdemeanor and found incompetent to stand
163	157		trial is not a danger to others and may be safely treated on an
164	158		outpatient basis with the specific objective of attaining
165	159		competency to stand trial, and an appropriate outpatient competency
166	160		restoration program is available for the defendant, the court
167	161		shall:
168	162		(1) release the defendant on bail or continue the
169	163		defendant's release on bail; and
170	164		(2) order the defendant to participate in an
171	165		outpatient competency restoration program for a period not to
172	166		exceed 60 days.
173	167		(c) Notwithstanding Subsection (b), the court may order a
174	168		defendant to participate in an outpatient competency restoration
175	169		program under this article only if:
176	170		(1) the court receives and approves a comprehensive
177	171		plan that:
178	172		(A) provides for the treatment of the defendant
179	173		for purposes of competency restoration; and
180	174		(B) identifies the person who will be responsible
181	175		for providing that treatment to the defendant; and
182	176		(2) the court finds that the treatment proposed by the
183	177		plan will be available to and will be provided to the defendant.
184	178		(d) An order issued under this article may require the
185	179		defendant to participate in:
186	180		(1) as appropriate, an outpatient competency
187	181		restoration program administered by a community center or an
188	182		outpatient competency restoration program administered by any
189	183		other entity that provides competency restoration services; and
190	184		(2) an appropriate prescribed regimen of medical,
191	185		psychiatric, or psychological care or treatment, including care or
192	186		treatment involving the administration of psychoactive medication,
193	187		including those required under Article 46B.086.
194	188		SECTION 9. The heading to Article 46B.072, Code of Criminal
195	189		Procedure, is amended to read as follows:
196	190		Art. 46B.072. RELEASE ON BAIL FOR FELONY OR CLASS A
197	191		MISDEMEANOR.
198	192		SECTION 10. Articles 46B.072(a-1), (b), (c), and (d), Code
199	193		of Criminal Procedure, are amended to read as follows:
200	194		(a-1) Subject to conditions reasonably related to ensuring
201	195		[assuring] public safety and the effectiveness of the defendant's
202	196		treatment, if the court determines that a defendant charged with an
203	197		offense punishable as a felony or a Class A misdemeanor and found
204	198		incompetent to stand trial is not a danger to others and may be
205	199		safely treated on an outpatient basis with the specific objective
206	200		of attaining competency to stand trial, and [if] an appropriate
207	201		outpatient competency restoration [treatment] program is available
208	202		for the defendant, the court:
209	203		(1) may release on bail a defendant found incompetent
210	204		to stand trial with respect to an offense punishable as a felony or
211	205		may continue the defendant's release on bail; and
212	206		(2) shall release on bail a defendant found
213	207		incompetent to stand trial with respect to an offense punishable as
214	208		a Class A [a] misdemeanor or shall continue the defendant's release
215	209		on bail.
216	210		(b) The court shall order a defendant released on bail under
217	211		Subsection (a-1) to participate in an outpatient competency
218	212		restoration [treatment] program for a period not to exceed 120
219	213		days.
220	214		(c) Notwithstanding Subsection (a-1), the court may order a
221	215		defendant to participate in an outpatient competency restoration
222	216		[treatment] program under this article only if:
223	217		(1) the court receives and approves a comprehensive
224	218		plan that:
225	219		(A) provides for the treatment of the defendant
226	220		for purposes of competency restoration; and
227	221		(B) identifies the person who will be responsible
228	222		for providing that treatment to the defendant; and
229	223		(2) the court finds that the treatment proposed by the
230	224		plan will be available to and will be provided to the defendant.
231	225		(d) An order issued under this article may require the
232	226		defendant to participate in:
233	227		(1) as appropriate, an outpatient competency
234	228		restoration [treatment] program administered by a community center
235	229		or an outpatient competency restoration [treatment] program
236	230		administered by any other entity that provides outpatient
237	231		competency restoration services; and
238	232		(2) an appropriate prescribed regimen of medical,
239	233		psychiatric, or psychological care or treatment, including care or
240	234		treatment involving the administration of psychoactive medication,
241	235		including those required under Article 46B.086.
242	236		SECTION 11. Article 46B.073, Code of Criminal Procedure, is
243	237		amended by amending Subsections (b), (c), (d), and (e) and adding
244	238		Subsection (f) to read as follows:
245	239		(b) For purposes of further examination and competency
246	240		restoration services with [treatment toward] the specific
247	241		objective of the defendant attaining competency to stand trial, the
248	242		court shall commit a defendant described by Subsection (a) to a
249	243		mental health facility, [or] residential care facility, or
250	244		jail-based competency restoration program for the applicable
251	245		period as follows:
252	246		(1) a period of not more than 60 days, if the defendant
253	247		is charged with an offense punishable as a misdemeanor; or
254	248		(2) a period of not more than 120 days, if the
255	249		defendant is charged with an offense punishable as a felony.
256	250		(c) If the defendant is charged with an offense listed in
257	251		Article 17.032(a), other than an offense under Section 22.01(a)(1),
258	252		Penal Code [listed in Article 17.032(a)(6)], or the indictment
259	253		alleges an affirmative finding under Article 42A.054(c) or (d), the
260	254		court shall enter an order committing the defendant for competency
261	255		restoration services to the maximum security unit of any facility
262	256		designated by the Department of State Health Services, to an agency
263	257		of the United States operating a mental hospital, or to a Department
264	258		of Veterans Affairs hospital.
265	259		(d) If the defendant is not charged with an offense
266	260		described by Subsection (c) and the indictment does not allege an
267	261		affirmative finding under Article 42A.054(c) or (d), the court
268	262		shall enter an order committing the defendant to a mental health
269	263		facility or residential care facility determined to be appropriate
270	264		by the local mental health authority or local intellectual and
271	265		developmental disability authority or to a jail-based competency
272	266		restoration program. A defendant may be committed to a jail-based
273	267		competency restoration program only if the program provider
274	268		determines the defendant will begin to receive competency
275	269		restoration services within 72 hours of arriving at the program.
276	270		(e) Except as provided by Subsection (f), a defendant
277	271		charged with an offense punishable as a Class B misdemeanor may be
278	272		committed under this subchapter only to a jail-based competency
279	273		restoration program.
280	274		(f) A defendant charged with an offense punishable as a
281	275		Class B misdemeanor may be committed to a mental health facility or
282	276		residential care facility described by Subsection (d) only if a
283	277		jail-based competency restoration program is not available
284	278		[Notwithstanding Subsections (b), (c), and (d) and notwithstanding
285	279		the contents of the applicable order of commitment, in a county in
286	280		which the Department of State Health Services operates a jail-based
287	281		restoration of competency pilot program under Article 46B.090, a
288	282		defendant for whom an order is issued under this article committing
289	283		the defendant to a mental health facility or residential care
290	284		facility shall be provided competency restoration services at the
291	285		jail under the pilot program if the service provider at the jail
292	286		determines the defendant will immediately begin to receive
293	287		services. If the service provider at the jail determines the
294	288		defendant will not immediately begin to receive competency
295	289		restoration services, the defendant shall be transferred to the
296	290		appropriate mental health facility or residential care facility as
297	291		provided by the court order. This subsection expires September 1,
298	292		2019].
299	293		SECTION 12. Article 46B.074(a), Code of Criminal Procedure,
300	294		is amended to read as follows:
301	295		(a) A defendant may be committed to a jail-based competency
302	296		restoration program, mental health facility, or residential care
303	297		facility under this subchapter only on competent medical or
304	298		psychiatric testimony provided by an expert qualified under Article
305	299		46B.022.
306	300		SECTION 13. Article 46B.075, Code of Criminal Procedure, is
307	301		amended to read as follows:
308	302		Art. 46B.075. TRANSFER OF DEFENDANT TO FACILITY OR
309	303		[OUTPATIENT TREATMENT] PROGRAM. An order issued under Article
310	304		46B.0711, 46B.072, or 46B.073 must place the defendant in the
311	305		custody of the sheriff for transportation to the facility or
312	306		[outpatient treatment] program, as applicable, in which the
313	307		defendant is to receive [treatment for purposes of] competency
314	308		restoration services.
315	309		SECTION 14. Articles 46B.0755(a), (b), and (d), Code of
316	310		Criminal Procedure, are amended to read as follows:
317	311		(a) Notwithstanding any other provision of this subchapter,
318	312		if the court receives credible evidence indicating that the
319	313		defendant has been restored to competency at any time after the
320	314		defendant's incompetency trial under Subchapter C but before the
321	315		defendant is transported under Article 46B.075 to the [a mental
322	316		health facility, residential care] facility[,] or [outpatient
323	317		treatment] program, as applicable, the court may appoint
324	318		disinterested experts to reexamine the defendant in accordance with
325	319		Subchapter B. The court is not required to appoint the same expert
326	320		or experts who performed the initial examination of the defendant
327	321		under that subchapter.
328	322		(b) If after a reexamination of the defendant the applicable
329	323		expert's report states an opinion that the defendant remains
330	324		incompetent, the court's order under Article 46B.0711, 46B.072, or
331	325		46B.073 remains in effect, and the defendant shall be transported
332	326		to the facility or [outpatient treatment] program as required by
333	327		Article 46B.075. If after a reexamination of the defendant the
334	328		applicable expert's report states an opinion that the defendant has
335	329		been restored to competency, the court shall withdraw its order
336	330		under Article 46B.0711, 46B.072, or 46B.073 and proceed under
337	331		Subsection (c) or (d).
338	332		(d) The court shall hold a hearing to determine whether the
339	333		defendant has been restored to competency if any party fails to
340	334		agree or if the court fails to concur that the defendant is
341	335		competent to stand trial. If a court holds a hearing under this
342	336		subsection, on the request of the counsel for either party or the
343	337		motion of the court, a jury shall make the competency
344	338		determination. For purposes of the hearing, incompetency is
345	339		presumed, and the defendant's competency must be proved by a
346	340		preponderance of the evidence. If after the hearing the defendant
347	341		is again found to be incompetent to stand trial, the court shall
348	342		issue a new order under Article 46B.0711, 46B.072, or 46B.073, as
349	343		appropriate based on the defendant's current condition.
350	344		SECTION 15. Article 46B.076, Code of Criminal Procedure, is
351	345		amended to read as follows:
352	346		Art. 46B.076. COURT'S ORDER. (a) If the defendant is
353	347		found incompetent to stand trial, not later than the date of the
354	348		order of commitment or of release on bail, as applicable, the court
355	349		shall send a copy of the order to the applicable facility [to which
356	350		the defendant is committed] or [the outpatient treatment] program
357	351		[to which the defendant is released]. The court shall also provide
358	352		to the facility or [outpatient treatment] program copies of the
359	353		following made available to the court during the incompetency
360	354		trial:
361	355		(1) reports of each expert;
362	356		(2) psychiatric, psychological, or social work
363	357		reports that relate to the mental condition of the defendant;
364	358		(3) documents provided by the attorney representing
365	359		the state or the attorney representing the defendant that relate to
366	360		the defendant's current or past mental condition;
367	361		(4) copies of the indictment or information and any
368	362		supporting documents used to establish probable cause in the case;
369	363		(5) the defendant's criminal history record; and
370	364		(6) the addresses of the attorney representing the
371	365		state and the attorney representing the defendant.
372	366		(b) The court shall order that the transcript of all medical
373	367		testimony received by the jury or court be promptly prepared by the
374	368		court reporter and forwarded to the applicable [proper] facility or
375	369		[outpatient treatment] program.
376	370		SECTION 16. Article 46B.077, Code of Criminal Procedure, is
377	371		amended to read as follows:
378	372		Art. 46B.077. INDIVIDUAL TREATMENT PROGRAM. (a) The
379	373		facility or jail-based competency restoration program to which the
380	374		defendant is committed or the outpatient competency restoration
381	375		[treatment] program to which the defendant is released on bail
382	376		shall:
383	377		(1) develop an individual program of treatment;
384	378		(2) assess and evaluate whether the defendant is
385	379		likely to be restored to competency in the foreseeable future; and
386	380		(3) report to the court and to the local mental health
387	381		authority or to the local intellectual and developmental disability
388	382		authority on the defendant's progress toward achieving competency.
389	383		(b) If the defendant is committed to an inpatient mental
390	384		health facility, [or to a] residential care facility, or jail-based
391	385		competency restoration program, the facility or program shall
392	386		report to the court at least once during the commitment period.
393	387		(c) If the defendant is released to an outpatient competency
394	388		restoration [a treatment] program [not provided by an inpatient
395	389		mental health facility or a residential care facility], the
396	390		[treatment] program shall report to the court:
397	391		(1) not later than the 14th day after the date on which
398	392		the defendant's competency restoration services begin [treatment
399	393		begins]; and
400	394		(2) until the defendant is no longer released to the
401	395		[treatment] program, at least once during each 30-day period
402	396		following the date of the report required by Subdivision (1).
403	397		SECTION 17. Article 46B.078, Code of Criminal Procedure, is
404	398		amended to read as follows:
405	399		Art. 46B.078. CHARGES SUBSEQUENTLY DISMISSED. If the
406	400		charges pending against a defendant are dismissed, the court that
407	401		issued the order under Article 46B.0711, 46B.072, or 46B.073 shall
408	402		send a copy of the order of dismissal to the sheriff of the county in
409	403		which the court is located and to the head of the facility, the
410	404		provider of the jail-based competency restoration program, or the
411	405		provider of the outpatient competency restoration [treatment]
412	406		program, as appropriate. On receipt of the copy of the order, the
413	407		facility or [outpatient treatment] program shall discharge the
414	408		defendant into the care of the sheriff for transportation in the
415	409		manner described by Article 46B.082.
416	410		SECTION 18. Article 46B.079, Code of Criminal Procedure, is
417	411		amended to read as follows:
418	412		Art. 46B.079. NOTICE AND REPORT TO COURT. (a) The head of
419	413		the facility, the provider of the jail-based competency restoration
420	414		program, or the provider of the outpatient competency restoration
421	415		[treatment] program, as appropriate, not later than the 15th day
422	416		before the date on which the initial restoration period is to expire
423	417		according to the terms of the order or under Article 46B.0095 or
424	418		other applicable provisions of this chapter, shall notify the
425	419		applicable court that the period is about to expire.
426	420		(b) The head of the facility or jail-based competency
427	421		restoration [or outpatient treatment] program provider shall
428	422		promptly notify the court when the head of the facility or
429	423		[outpatient treatment] program provider believes that:
430	424		(1) the defendant is clinically ready and can be
431	425		safely transferred to a competency restoration program for
432	426		education services but has not yet attained competency to stand
433	427		trial;
434	428		(2) the defendant has attained competency to stand
435	429		trial; or
436	430		(3) [(2)] the defendant is not likely to attain
437	431		competency in the foreseeable future.
438	432		(b-1) The outpatient competency restoration program
439	433		provider shall promptly notify the court when the program provider
440	434		believes that:
441	435		(1) the defendant has attained competency to stand
442	436		trial; or
443	437		(2) the defendant is not likely to attain competency
444	438		in the foreseeable future.
445	439		(c) When the head of the facility or [outpatient treatment]
446	440		program provider gives notice to the court under Subsection (a),
447	441		[or] (b), or (b-1), the head of the facility or [outpatient
448	442		treatment] program provider also shall file a final report with the
449	443		court stating the reason for the proposed discharge or transfer
450	444		under this chapter and including a list of the types and dosages of
451	445		medications prescribed for the defendant while the defendant was
452	446		receiving competency restoration services in the facility or
453	447		through [participating in] the [outpatient treatment] program. The
454	448		[To enable any objection to the findings of the report to be made in
455	449		a timely manner under Article 46B.084(a-1), the] court shall
456	450		provide [copies of the report] to the attorney representing the
457	451		defendant and the attorney representing the state copies of a
458	452		report based on notice under this article, other than notice under
459	453		Subsection (b)(1), to enable any objection to the findings of the
460	454		report to be made in a timely manner as required under Article
461	455		46B.084(a-1).
462	456		(d) If the head of the facility or [outpatient treatment]
463	457		program provider notifies the court that the initial restoration
464	458		period is about to expire, the notice may contain a request for an
465	459		extension of the period for an additional period of 60 days and an
466	460		explanation for the basis of the request. An explanation provided
467	461		under this subsection must include a description of any evidence
468	462		indicating a reduction in the severity of the defendant's symptoms
469	463		or impairment.
470	464		SECTION 19. Article 46B.080(a), Code of Criminal Procedure,
471	465		is amended to read as follows:
472	466		(a) On a request of the head of a facility or a [treatment]
473	467		program provider that is made under Article 46B.079(d) and
474	468		notwithstanding any other provision of this subchapter, the court
475	469		may enter an order extending the initial restoration period for an
476	470		additional period of 60 days.
477	471		SECTION 20. Subchapter D, Chapter 46B, Code of Criminal
478	472		Procedure, is amended by adding Articles 46B.0805 and 46B.0825 to
479	473		read as follows:
480	474		Art. 46B.0805. COMPETENCY RESTORATION EDUCATION SERVICES.
481	475		(a) On notification from the head of a facility or a program
482	476		provider under Article 46B.079(b)(1), the court shall order the
483	477		defendant to receive competency restoration education services in a
484	478		jail-based competency restoration program or an outpatient
485	479		competency restoration program, as appropriate and if available.
486	480		(b) If a defendant for whom an order is entered under
487	481		Subsection (a) was committed for competency restoration to a
488	482		facility other than a jail-based competency restoration program,
489	483		the court shall send a copy of that order to:
490	484		(1) the sheriff of the county in which the court is
491	485		located;
492	486		(2) the head of the facility to which the defendant was
493	487		committed for competency restoration; and
494	488		(3) the local mental health authority or local
495	489		intellectual and developmental disability authority, as
496	490		appropriate.
497	491		(c) As soon as practicable but not later than the 10th day
498	492		after the date of receipt of a copy of an order under Subsection
499	493		(b)(2), the applicable facility shall discharge the defendant into
500	494		the care of the sheriff of the county in which the court is located.
501	495		The sheriff shall transport the defendant to the jail-based
502	496		competency restoration program or outpatient competency
503	497		restoration program, as appropriate.
504	498		(d) A jail-based competency restoration program or
505	499		outpatient competency restoration program that receives a
506	500		defendant under this article shall give to the court:
507	501		(1) notice regarding the defendant's entry into the
508	502		program for purposes of receiving competency restoration education
509	503		services; and
510	504		(2) subsequent notice as otherwise required under
511	505		Article 46B.079.
512	506		Art. 46B.0825. ADMINISTRATION OF MEDICATION WHILE IN
513	507		CUSTODY OF SHERIFF. (a) A sheriff having custody of a defendant
514	508		for transportation as required by Article 46B.075, 46B.0805, or
515	509		46B.082 shall, according to information available at the time and
516	510		unless directed otherwise by a physician treating the defendant,
517	511		ensure that the defendant is provided with the types and dosages of
518	512		medication prescribed for the defendant.
519	513		(b) To the extent funds are appropriated for that purpose, a
520	514		sheriff is entitled to reimbursement from the state for providing
521	515		the medication required by Subsection (a).
522	516		(c) If the sheriff determines that funds are not available
523	517		from the state to reimburse the sheriff as provided by Subsection
524	518		(b), the sheriff is not required to comply with Subsection (a).
525	519		SECTION 21. Article 46B.081, Code of Criminal Procedure, is
526	520		amended to read as follows:
527	521		Art. 46B.081. RETURN TO COURT. Subject to Article
528	522		46B.082(b), a defendant committed or released on bail under this
529	523		subchapter shall be returned to the applicable court as soon as
530	524		practicable after notice to the court is provided under Article
531	525		46B.079(a), (b)(2), (b)(3), or (b-1) [46B.079], but not later than
532	526		the date of expiration of the period for restoration specified by
533	527		the court under Article 46B.0711, 46B.072, or 46B.073.
534	528		SECTION 22. The heading to Article 46B.082, Code of
535	529		Criminal Procedure, is amended to read as follows:
536	530		Art. 46B.082. TRANSPORTATION OF DEFENDANT TO COURT.
537	531		SECTION 23. Article 46B.082(b), Code of Criminal Procedure,
538	532		is amended to read as follows:
539	533		(b) If before the 15th day after the date on which the court
540	534		received notification under Article 46B.079(a), (b)(2), (b)(3), or
541	535		(b-1) [46B.079] a defendant committed to a facility or jail-based
542	536		competency restoration program or ordered to participate in an
543	537		outpatient competency restoration [treatment] program has not been
544	538		transported to the court that issued the order under Article
545	539		46B.0711, 46B.072, or 46B.073, as applicable, the head of the
546	540		facility or provider of the jail-based competency restoration
547	541		program to which the defendant is committed or the provider of the
548	542		outpatient competency restoration [treatment] program in which the
549	543		defendant is participating shall cause the defendant to be promptly
550	544		transported to the court and placed in the custody of the sheriff of
551	545		the county in which the court is located. The county in which the
552	546		court is located shall reimburse [the Department of State Health
553	547		Services or] the Health and Human [Department of Aging and
554	548		Disability] Services Commission or program provider, as
555	549		appropriate, for the mileage and per diem expenses of the personnel
556	550		required to transport the defendant, calculated in accordance with
557	551		rates provided in the General Appropriations Act for state
558	552		employees.
559	553		SECTION 24. Article 46B.083, Code of Criminal Procedure, is
560	554		amended to read as follows:
561	555		Art. 46B.083. SUPPORTING COMMITMENT INFORMATION PROVIDED
562	556		BY FACILITY [HEAD] OR [OUTPATIENT TREATMENT] PROGRAM [PROVIDER].
563	557		(a) If the head of the facility, the jail-based competency
564	558		restoration program provider, or the outpatient competency
565	559		restoration [treatment] program provider believes that the
566	560		defendant is a person with mental illness and meets the criteria for
567	561		court-ordered mental health services under Subtitle C, Title 7,
568	562		Health and Safety Code, the head of the facility or the [outpatient
569	563		treatment] program provider shall have submitted to the court a
570	564		certificate of medical examination for mental illness.
571	565		(b) If the head of the facility, the jail-based competency
572	566		restoration program provider, or the outpatient competency
573	567		restoration [treatment] program provider believes that the
574	568		defendant is a person with an intellectual disability, the head of
575	569		the facility or the [outpatient treatment] program provider shall
576	570		have submitted to the court an affidavit stating the conclusions
577	571		reached as a result of the examination.
578	572		SECTION 25. Article 46B.084(a-1)(1), Code of Criminal
579	573		Procedure, is amended to read as follows:
580	574		(1) Following the defendant's return to the court, the
581	575		court shall make a determination with regard to the defendant's
582	576		competency to stand trial. The court may make the determination
583	577		based only on the most recent report that is filed under Article
584	578		46B.079(c) and based on notice under that article, other than
585	579		notice under Subsection (b)(1) of that article, and on other
586	580		medical information or personal history information relating to the
587	581		defendant. A party may object in writing or in open court to the
588	582		findings of the most recent report not later than the 15th day after
589	583		the date on which the court received the applicable notice
590	584		[notification] under Article 46B.079. The court shall make the
591	585		determination not later than the 20th day after the date on which
592	586		the court received the applicable notice [notification] under
593	587		Article 46B.079, or not later than the fifth day after the date of
594	588		the defendant's return to court, whichever occurs first, regardless
595	589		of whether a party objects to the report as described by this
596	590		subsection and the issue is set for hearing under Subsection (b).
597	591		SECTION 26. Articles 46B.086(a), (b), (c), and (d), Code of
598	592		Criminal Procedure, are amended to read as follows:
599	593		(a) This article applies only to a defendant:
600	594		(1) who is determined under this chapter to be
601	595		incompetent to stand trial;
602	596		(2) who either:
603	597		(A) remains confined in a correctional facility,
604	598		as defined by Section 1.07, Penal Code, for a period exceeding 72
605	599		hours while awaiting transfer to an inpatient mental health
606	600		facility, a residential care facility, a jail-based competency
607	601		restoration program, or an outpatient competency restoration
608	602		[treatment] program;
609	603		(B) is committed to an inpatient mental health
610	604		facility, [or] a residential care facility, or a jail-based
611	605		competency restoration program for the purpose of competency
612	606		restoration;
613	607		(C) is confined in a correctional facility while
614	608		awaiting further criminal proceedings following competency
615	609		restoration [treatment];
616	610		(D) is subject to Article 46B.0711, if the court
617	611		has made the determinations required by Subsection (b) of that
618	612		article; or
619	613		(E) [(D)] is subject to Article 46B.072, if the
620	614		court has made the determinations required by Subsection (a-1) of
621	615		that article;
622	616		(3) for whom a correctional facility or jail-based
623	617		competency restoration program that employs or contracts with a
624	618		licensed psychiatrist, an inpatient mental health facility, a
625	619		residential care facility, or an outpatient competency restoration
626	620		[treatment] program provider has prepared a continuity of care plan
627	621		that requires the defendant to take psychoactive medications; and
628	622		(4) who, after a hearing held under Section 574.106 or
629	623		592.156, Health and Safety Code, if applicable, has been found to
630	624		not meet the criteria prescribed by Sections 574.106(a) and (a-1)
631	625		or 592.156(a) and (b), Health and Safety Code, for court-ordered
632	626		administration of psychoactive medications.
633	627		(b) If a defendant described by Subsection (a) refuses to
634	628		take psychoactive medications as required by the defendant's
635	629		continuity of care plan, the director of the [correctional]
636	630		facility or the [outpatient treatment] program provider, as
637	631		applicable, shall notify the court in which the criminal
638	632		proceedings are pending of that fact not later than the end of the
639	633		next business day following the refusal. The court shall promptly
640	634		notify the attorney representing the state and the attorney
641	635		representing the defendant of the defendant's refusal. The
642	636		attorney representing the state may file a written motion to compel
643	637		medication. The motion to compel medication must be filed not later
644	638		than the 15th day after the date a judge issues an order stating
645	639		that the defendant does not meet the criteria for court-ordered
646	640		administration of psychoactive medications under Section 574.106
647	641		or 592.156, Health and Safety Code, except that, for a defendant in
648	642		an outpatient competency restoration [treatment] program, the
649	643		motion may be filed at any time.
650	644		(c) The court, after notice and after a hearing held not
651	645		later than the 10th day after the motion to compel medication is
652	646		filed, may authorize the director of the [correctional] facility or
653	647		the program provider, as applicable, to have the medication
654	648		administered to the defendant, by reasonable force if necessary. A
655	649		hearing under this subsection may be conducted using an electronic
656	650		broadcast system as provided by Article 46B.013.
657	651		(d) The court may issue an order under this article only if
658	652		the order is supported by the testimony of two physicians, one of
659	653		whom is the physician at or with the applicable [correctional]
660	654		facility or [outpatient treatment] program who is prescribing the
661	655		medication as a component of the defendant's continuity of care
662	656		plan and another who is not otherwise involved in proceedings
663	657		against the defendant. The court may require either or both
664	658		physicians to examine the defendant and report on the examination
665	659		to the court.
666		-	SECTION 27. Subchapter D, Chapter 46B, Code of Criminal
	660	+	SECTION 27. Articles 46B.090(f) and (n), Code of Criminal
	661	+	Procedure, are amended to read as follows:
	662	+	(f) To contract with the department under Subsection (b), a
	663	+	provider of jail-based competency restoration services must
	664	+	demonstrate to the department that:
	665	+	(1) the provider:
	666	+	(A) has previously provided jail-based
	667	+	competency restoration services for one or more years; or
	668	+	(B) is a local mental health authority that has
	669	+	previously provided competency restoration services;
	670	+	(2) the provider's jail-based competency restoration
	671	+	program:
	672	+	(A) uses a multidisciplinary treatment team to
	673	+	provide clinical treatment that is:
	674	+	(i) directed toward the specific objective
	675	+	of restoring the defendant's competency to stand trial; and
	676	+	(ii) similar to the clinical treatment
	677	+	provided as part of a competency restoration program at an
	678	+	inpatient mental health facility;
	679	+	(B) employs or contracts for the services of at
	680	+	least one psychiatrist; and
	681	+	(C) [assigns staff members to defendants
	682	+	participating in the program at an average ratio not lower than 3.7
	683	+	to 1; and
	684	+	[(D)] provides weekly treatment hours
	685	+	commensurate to the treatment hours provided as part of a
	686	+	competency restoration program at an inpatient mental health
	687	+	facility;
	688	+	(3) the provider is certified by a nationwide
	689	+	nonprofit organization that accredits health care organizations
	690	+	and programs, such as the Joint Commission on Health Care Staffing
	691	+	Services, or the provider is a local mental health authority in good
	692	+	standing with the department; and
	693	+	(4) the provider has a demonstrated history of
	694	+	successful jail-based competency restoration outcomes or, if the
	695	+	provider is a local mental health authority, a demonstrated history
	696	+	of successful competency restoration outcomes.
	697	+	(n) If the department develops and implements a jail-based
	698	+	restoration of competency pilot program under this article, not
	699	+	later than December 1, 2018 [2016], the commissioner of the
	700	+	department shall submit a report concerning the pilot program to
	701	+	the presiding officers of the standing committees of the senate and
	702	+	house of representatives having primary jurisdiction over health
	703	+	and human services issues and over criminal justice issues. The
	704	+	report must include the information collected by the department
	705	+	during the pilot program and the commissioner's evaluation of the
	706	+	outcome of the program as of the date the report is submitted.
	707	+	SECTION 28. Subchapter D, Chapter 46B, Code of Criminal
667	708		Procedure, is amended by adding Article 46B.091 to read as follows:
668	709		Art. 46B.091. JAIL-BASED COMPETENCY RESTORATION PROGRAM
669	710		IMPLEMENTED BY COUNTY. (a) In this article:
670	711		(1) "Commission" means the Health and Human Services
671	712		Commission.
672	713		(2) "Executive commissioner" means the executive
673	714		commissioner of the Health and Human Services Commission.
674	715		(b) A county or counties jointly may develop and implement a
675	716		jail-based competency restoration program.
676	717		(c) A county that implements a program under this article
677	718		shall contract with a provider of jail-based competency restoration
678	719		services that is a local mental health authority or local
679	720		behavioral health authority that is in good standing with the
680	721		commission, which may include an authority that is in good standing
681	722		with the commission and subcontracts with a provider of jail-based
682	723		competency restoration services.
683	724		(d) A jail-based competency restoration program must:
684	725		(1) provide jail-based competency restoration
685	726		services through the use of a multidisciplinary treatment team that
686	727		is:
687	728		(A) directed toward the specific objective of
688	729		restoring the defendant's competency to stand trial; and
689	730		(B) similar to other competency restoration
690	731		programs;
691	732		(2) employ or contract for the services of at least one
692	733		psychiatrist;
693	734		(3) provide jail-based competency restoration
694	735		services through licensed or qualified mental health
695	736		professionals;
696	737		(4) provide weekly competency restoration hours
697	738		commensurate to the hours provided as part of a competency
698	739		restoration program at an inpatient mental health facility;
699	740		(5) operate in the jail in a designated space that is
700	741		separate from the space used for the general population of the jail;
701	742		(6) ensure coordination of general health care;
702	743		(7) provide mental health treatment and substance use
703	744		disorder treatment to defendants, as necessary, for competency
704	745		restoration; and
705	746		(8) supply clinically appropriate psychoactive
706	747		medications for purposes of administering court-ordered medication
707	748		to defendants as applicable and in accordance with Article 46B.086
708	749		of this code or Section 574.106, Health and Safety Code.
709	750		(e) The executive commissioner shall adopt rules as
710	751		necessary for a county to develop and implement a program under this
711	752		article. The commission shall, as part of the rulemaking process,
712	753		establish contract monitoring and oversight requirements for a
713	754		local mental health authority or local behavioral health authority
714	755		that contracts with a county to provide jail-based competency
715	756		restoration services under this article. The contract monitoring
716	757		and oversight requirements must be consistent with local mental
717	758		health authority or local behavioral health authority performance
718	759		contract monitoring and oversight requirements, as applicable.
719	760		(f) The commission may inspect on behalf of the state any
720	761		aspect of a program implemented under this article.
721	762		(g) A psychiatrist or psychologist for the provider shall
722	763		conduct at least two full psychiatric or psychological evaluations
723	764		of the defendant during the period the defendant receives
724	765		competency restoration services in the jail. The psychiatrist or
725	766		psychologist must conduct one evaluation not later than the 21st
726	767		day and one evaluation not later than the 55th day after the date
727	768		the defendant is committed to the program. The psychiatrist or
728	769		psychologist shall submit to the court a report concerning each
729	770		evaluation required under this subsection.
730	771		(h) If at any time during a defendant's commitment to a
731	772		program implemented under this article the psychiatrist or
732	773		psychologist for the provider determines that the defendant has
733	774		attained competency to stand trial:
734	775		(1) the psychiatrist or psychologist for the provider
735	776		shall promptly issue and send to the court a report demonstrating
736	777		that fact; and
737	778		(2) the court shall consider that report as the report
738	779		of an expert stating an opinion that the defendant has been restored
739	780		to competency for purposes of Article 46B.0755(a) or (b).
740	781		(i) If at any time during a defendant's commitment to a
741	782		program implemented under this article the psychiatrist or
742	783		psychologist for the provider determines that the defendant's
743	784		competency to stand trial is unlikely to be restored in the
744	785		foreseeable future:
745	786		(1) the psychiatrist or psychologist for the provider
746	787		shall promptly issue and send to the court a report demonstrating
747	788		that fact; and
748	789		(2) the court shall:
749	790		(A) proceed under Subchapter E or F and order the
750	791		transfer of the defendant, without unnecessary delay, to the first
751	792		available facility that is appropriate for that defendant, as
752	793		provided under Subchapter E or F, as applicable; or
753	794		(B) release the defendant on bail as permitted
754	795		under Chapter 17.
755	796		(j) If the psychiatrist or psychologist for the provider
756	797		determines that a defendant committed to a program implemented
757	798		under this article has not been restored to competency by the end of
758	799		the 60th day after the date the defendant was committed to the
759	800		program:
760	801		(1) for a defendant charged with a felony, the
761	802		defendant shall be transferred, without unnecessary delay and for
762	803		the remainder of the period prescribed by Article 46B.073(b), to
763	804		the first available facility that is appropriate for that defendant
764	805		as provided by Article 46B.073(c) or (d); and
765	806		(2) for a defendant charged with a misdemeanor, the
766	807		court may:
767	808		(A) order a single extension under Article
768	809		46B.080 and, notwithstanding Articles 46B.073(e) and (f), the
769	810		transfer of the defendant without unnecessary delay to the
770	811		appropriate mental health facility or residential care facility as
771	812		provided by Article 46B.073(d) for the remainder of the period
772	813		under the extension;
773	814		(B) proceed under Subchapter E or F;
774	815		(C) release the defendant on bail as permitted
775	816		under Chapter 17; or
776	817		(D) dismiss the charges in accordance with
777	818		Article 46B.010.
778	819		(k) Unless otherwise provided by this article, the
779	820		provisions of this chapter, including the maximum periods
780	821		prescribed by Article 46B.0095, apply to a defendant receiving
781	822		competency restoration services, including competency restoration
782	823		education services, under a program implemented under this article
783	824		in the same manner as those provisions apply to any other defendant
784	825		who is subject to proceedings under this chapter.
785	826		(l) This article does not affect the responsibility of a
786	827		county to ensure the safety of a defendant who is committed to the
787	828		program and to provide the same adequate care to the defendant as is
788	829		provided to other inmates of the jail in which the defendant is
789	830		located.
790		-	SECTION 28. Section 574.034(g), Health and Safety Code, is
	831	+	SECTION 29. Section 574.034(g), Health and Safety Code, is
791	832		amended to read as follows:
792	833		(g) An order for temporary inpatient or outpatient mental
793	834		health services shall state that treatment is authorized for not
794	835		longer than 45 [90] days, except that the order may specify a period
795	836		not to exceed 90 days if the judge finds that the longer period is
796	837		necessary. [The order may not specify a shorter period.]
797		-	SECTION 29. Section 614.0032(b), Health and Safety Code, is
	838	+	SECTION 30. Section 614.0032(b), Health and Safety Code, is
798	839		amended to read as follows:
799	840		(b) The office shall[:
800	841		[(1) with the special assistance of committee members
801	842		appointed under Section 614.002(b)(1):
802	843		[(A) review examinations to determine the
803	844		competency of defendants in criminal cases to stand trial and
804	845		examinations to determine the fitness of children to proceed with
805	846		respect to adjudications of delinquent conduct or conduct
806	847		indicating a need for supervision; and
807	848		[(B) periodically report to the legislature and
808	849		the court of criminal appeals findings made as a result of the
809	850		review described by Paragraph (A); and
810	851		[(2)] approve and make generally available in
811	852		electronic format a standard form for use by experts in reporting
812	853		competency examination results under Chapter 46B, Code of Criminal
813	854		Procedure.
814		-	SECTION 30. The following provisions are repealed:
	855	+	SECTION 31. The following provisions are repealed:
815	856		(1) Article 46B.026(c), Code of Criminal Procedure;
816	857		(2) Article 46B.090(o), Code of Criminal Procedure;
817	858		and
818	859		(3) Section 614.0032(c), Health and Safety Code.
819		-	SECTION 31. Not later than November 1, 2017, the executive
	860	+	SECTION 32. Not later than November 1, 2017, the executive
820	861		commissioner of the Health and Human Services Commission shall
821	862		adopt the rules described by Article 46B.091(e), Code of Criminal
822	863		Procedure, as added by this Act.
823		-	SECTION 32. (a) Except as provided by Subsection (b) of
	864	+	SECTION 33. (a) Except as provided by Subsection (b) of
824	865		this section, the changes in law made by this Act apply only to a
825	866		defendant charged with an offense committed on or after the
826	867		effective date of this Act. A defendant charged with an offense
827	868		committed before the effective date of this Act is governed by the
828	869		law in effect on the date the offense was committed, and the former
829	870		law is continued in effect for that purpose. For purposes of this
830	871		subsection, an offense was committed before the effective date of
831	872		this Act if any element of the offense occurred before that date.
832	873		(b) The change in law made by this Act to Section
833	874		574.034(g), Health and Safety Code, applies only to an order for
834	875		court-ordered temporary mental health services that is issued on or
835	876		after the effective date of this Act. An order issued before the
836	877		effective date of this Act is governed by the law in effect on the
837	878		date the order was issued, and the former law is continued in effect
838	879		for that purpose.
839		-	SECTION 33. This Act takes effect September 1, 2017.
840		-	* * * * *
	880	+	SECTION 34. This Act takes effect September 1, 2017.