Texas 2017 - 85th Regular

Texas Senate Bill SB2235 Compare Versions

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Old	New	Differences
1	1	By: Menéndez S.B. No. 2235
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the creation of a mental health jail diversion and
7	7	crisis stabilization unit pilot program.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle C, Title 7, Health and Safety Code, is
10	10	amended by adding Chapter 580 to read as follows:
11	11	CHAPTER 580. MENTAL HEALTH JAIL DIVERSION AND CRISIS STABILIZATION
12	12	UNIT PILOT PROGRAM; BEXAR COUNTY
13	13	Sec. 580.001. DEFINITIONS. In this chapter:
14	14	(1) "Commissioner" means the commissioner of state
15	15	health services.
16	16	(2) "County judge" means the county judge of Bexar
17	17	County.
18	18	(3) "Department" means the Department of State Health
19	19	Services.
20	20	Sec. 580.002. MENTAL HEALTH JAIL DIVERSION AND CRISIS
21	21	STABILIZATION UNIT PILOT PROGRAM. The department, in cooperation
22	22	with the county judge, shall establish a pilot program in Bexar
23	23	County to be implemented by the county judge for the purpose of:
24	24	(1) providing short-term residential treatment in a
25	25	crisis stabilization unit that includes medical and nursing
26	26	services for persons with mental illness who are incarcerated in
27	27	that county; and
28	28	(2) reducing recidivism and the frequency of arrests
29	29	and incarceration among persons with mental illness in that county.
30	30	Sec. 580.003. CRIMINAL JUSTICE MENTAL HEALTH SERVICE MODEL.
31	31	The county judge shall design and test through the pilot program a
32	32	criminal justice mental health service model oriented toward
33	33	providing short-term residential treatment in a crisis
34	34	stabilization unit that includes medical and nursing services and
35	35	toward reducing the recidivism and frequency of arrests and
36	36	incarceration of persons with mental illness in the Bexar County
37	37	jail. The model initially must apply the critical time
38	38	intervention principle described by Section 580.004 and must
39	39	include the following elements:
40	40	(1) medical and nursing services;
41	41	(2) low caseload management;
42	42	(3) multilevel residential services; and
43	43	(4) easy access to:
44	44	(A) integrated health, mental health, and
45	45	chemical dependency services;
46	46	(B) benefits acquisition services; and
47	47	(C) multiple rehabilitation services.
48	48	Sec. 580.004. CRITICAL TIME INTERVENTION. The pilot
49	49	program, in applying the critical time intervention principle, must
50	50	give persons with mental illness access to available social,
51	51	clinical, housing, and welfare services during the first weeks
52	52	after the person's release from jail.
53	53	Sec. 580.005. LOCAL SERVICES COORDINATION. In designing
54	54	the criminal justice mental health service model the county judge
55	55	shall seek input from and coordinate the provision of services with
56	56	the following local entities:
57	57	(1) county or municipal law enforcement agencies;
58	58	(2) the mental health division of the office of the
59	59	district attorney of Bexar County;
60	60	(3) the Bexar County public defender;
61	61	(4) mental health courts;
62	62	(5) specially trained law enforcement crisis
63	63	intervention teams and crisis intervention response teams;
64	64	(6) providers of competency restoration services;
65	65	(7) providers of guardianship services;
66	66	(8) providers of forensic case management;
67	67	(9) providers of assertive community treatment;
68	68	(10) providers of crisis stabilization services;
69	69	(11) providers of intensive and general supportive
70	70	housing; and
71	71	(12) providers of integrated mental health and
72	72	substance abuse inpatient, outpatient, and rehabilitation
73	73	services.
74	74	Sec. 580.006. PROGRAM CAPACITY. (a) In implementing the
75	75	pilot program, the county judge shall ensure the program has the
76	76	resources to provide mental health jail diversion services to not
77	77	fewer than 400 individuals.
78	78	(b) The county judge shall endeavor to serve each year the
79	79	program operates not fewer than 400 or more than 600 individuals
80	80	cumulatively.
81	81	(c) Before the county judge implements the pilot program,
82	82	the department and the county judge jointly shall establish clear
83	83	criteria for identifying a target population to be served by the
84	84	program. The criteria must prioritize serving a target population
85	85	composed of members with the highest risks of recidivism and the
86	86	most severe mental illnesses. The county judge, in consultation
87	87	with the appropriate entities listed in Section 580.005, may adjust
88	88	the criteria established under this subsection during the operation
89	89	of the program provided the adjusted criteria are clearly
90	90	articulated.
91	91	Sec. 580.007. FINANCING THE PROGRAM. (a) The creation of
92	92	the pilot program under this chapter is contingent on the
93	93	continuing agreement of the Commissioners Court of Bexar County to
94	94	contribute to the program each year in which the program operates
95	95	services for persons with mental illness equivalent in value to
96	96	funding provided by the state for the program.
97	97	(b) It is the intent of the legislature that appropriations
98	98	made to fund the pilot program are made in addition to and will not
99	99	reduce the amount of appropriations made in the regular funding of a
100	100	local authority for intellectual and developmental disabilities or
101	101	a local mental health authority that serves Bexar County.
102	102	(c) The Commissioners Court of Bexar County may seek and
103	103	receive gifts and grants from federal sources, foundations,
104	104	individuals, and other sources for the benefit of the pilot
105	105	program.
106	106	Sec. 580.008. INSPECTIONS. The department may make
107	107	inspections of the operation of and provision of mental health jail
108	108	diversion services through the pilot program on behalf of the state
109	109	to ensure state funds appropriated for the pilot program are used
110	110	effectively.
111	111	Sec. 580.009. REPORT. (a) Not later than December 1, 2020,
112	112	the commissioner shall evaluate and submit a report concerning the
113	113	effect of the pilot program in providing short-term residential
114	114	treatment in a crisis stabilization unit that includes medical and
115	115	nursing services and reducing recidivism and the frequency of
116	116	arrests and incarceration among persons with mental illness in
117	117	Bexar County to the governor, the lieutenant governor, the speaker
118	118	of the house of representatives, and the presiding officers of the
119	119	standing committees of the senate and house of representatives
120	120	having primary jurisdiction over health and human services issues
121	121	and over criminal justice issues.
122	122	(b) The report must include a description of the features of
123	123	the criminal justice mental health service model developed and
124	124	tested under the pilot program and the commissioner's
125	125	recommendation whether to expand use of the model statewide.
126	126	(c) In conducting the evaluation required under Subsection
127	127	(a), the commissioner shall compare the rate of recidivism in Bexar
128	128	County among persons in the target population before the date the
129	129	program is implemented in the community to the rate of recidivism
130	130	among those persons two years after the date the program is
131	131	implemented in the community and three years after the date the
132	132	program is implemented in the community. The commissioner may
133	133	include in the evaluation measures of the effectiveness of the
134	134	program related to the well-being of persons served under the
135	135	program.
136	136	Sec. 580.010. CONCLUSION; EXPIRATION. The pilot program
137	137	established under this chapter concludes and this chapter expires
138	138	September 1, 2021.
139	139	SECTION 2. This Act takes effect immediately if it receives
140	140	a vote of two-thirds of all the members elected to each house, as
141	141	provided by Section 39, Article III, Texas Constitution. If this
142	142	Act does not receive the vote necessary for immediate effect, this
143	143	Act takes effect September 1, 2017.