Texas 2019 - 86th Regular

Texas House Bill HB3617 Compare Versions

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

Old	New	Differences
1	1	86R14152 EAS-F
2	2	By: Reynolds H.B. No. 3617
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 jail diversion and
8	8	crisis stabilization unit 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 581 to read as follows:
12	12	CHAPTER 581. MENTAL HEALTH JAIL DIVERSION AND CRISIS STABILIZATION
13	13	UNIT PILOT PROGRAM; FORT BEND COUNTY
14	14	Sec. 581.001. DEFINITIONS. In this chapter:
15	15	(1) "Commissioner" means the commissioner of state
16	16	health services.
17	17	(2) "County judge" means the county judge of Fort Bend
18	18	County.
19	19	(3) "Department" means the Department of State Health
20	20	Services.
21	21	Sec. 581.002. MENTAL HEALTH JAIL DIVERSION AND CRISIS
22	22	STABILIZATION UNIT PILOT PROGRAM. The department, in cooperation
23	23	with the county judge, shall establish a pilot program in Fort Bend
24	24	County to be implemented by the county judge to:
25	25	(1) provide short-term residential treatment in a
26	26	crisis stabilization unit that includes medical, behavioral
27	27	health, case management, and nursing services for persons with
28	28	mental illness who are at risk of incarceration or are incarcerated
29	29	in the Fort Bend County jail; and
30	30	(2) reduce recidivism and the frequency of arrests and
31	31	incarceration among persons with mental illness in that county.
32	32	Sec. 581.003. CRIMINAL JUSTICE MENTAL HEALTH SERVICE MODEL.
33	33	The county judge shall design and test through the pilot program a
34	34	criminal justice mental health service model oriented toward
35	35	providing short-term residential treatment in a crisis
36	36	stabilization unit that includes medical, behavioral health, case
37	37	management, and nursing services and aims to reduce the recidivism
38	38	and frequency of arrests for persons with mental illness in the Fort
39	39	Bend County jail. The model initially must apply the critical time
40	40	intervention principle described by Section 581.004 and must
41	41	include the following elements:
42	42	(1) medical and nursing services;
43	43	(2) low caseload management;
44	44	(3) multilevel residential services; and
45	45	(4) easy access to:
46	46	(A) integrated health, mental health, and
47	47	chemical dependency services;
48	48	(B) benefits acquisition services;
49	49	(C) multiple rehabilitation services; and
50	50	(D) coordinated legal and provider systems.
51	51	Sec. 581.004. CRITICAL TIME INTERVENTION. The pilot
52	52	program, in applying the critical time intervention principle, must
53	53	give persons with mental illness access to needed social, clinical,
54	54	housing, and benefit services in a timely manner.
55	55	Sec. 581.005. LOCAL SERVICES COORDINATION. In designing
56	56	the criminal justice mental health service model, the county judge
57	57	shall seek input from and coordinate the provision of services with
58	58	the following local entities:
59	59	(1) the Fort Bend County Sheriff's Office;
60	60	(2) county or municipal law enforcement agencies;
61	61	(3) the mental health division of the office of the
62	62	district attorney of Fort Bend County;
63	63	(4) the Fort Bend County public defender;
64	64	(5) Fort Bend County Behavioral Health Services;
65	65	(6) specially trained law enforcement crisis
66	66	intervention teams and crisis intervention response teams;
67	67	(7) providers of guardianship services;
68	68	(8) providers of case management;
69	69	(9) providers of assertive community treatment;
70	70	(10) providers of crisis stabilization services;
71	71	(11) providers of intensive and general supportive
72	72	housing;
73	73	(12) providers of telehealth services;
74	74	(13) providers of information technology;
75	75	(14) providers that address social determinants of
76	76	health; and
77	77	(15) providers of integrated mental health and
78	78	substance abuse inpatient, outpatient, and rehabilitation
79	79	services, including the local mental health authority.
80	80	Sec. 581.006. PROGRAM CAPACITY. (a) In implementing the
81	81	pilot program, the county judge shall ensure the program has the
82	82	resources to provide mental health jail diversion services to not
83	83	fewer than 50 individuals.
84	84	(b) The county judge shall endeavor to serve each year the
85	85	program operates not fewer than 50 or more than 100 individuals
86	86	cumulatively.
87	87	(c) Before the county judge implements the pilot program,
88	88	the department and the county judge jointly shall establish clear
89	89	criteria for identifying a target population to be served by the
90	90	program. The criteria must prioritize serving a target population
91	91	composed of members with the highest risks of recidivism. The
92	92	county judge, in consultation with the appropriate entities listed
93	93	in Section 581.005, may adjust the criteria established under this
94	94	subsection during the operation of the program provided the
95	95	adjusted criteria are clearly articulated.
96	96	Sec. 581.007. FINANCING THE PROGRAM. (a) The creation of
97	97	the pilot program under this chapter is contingent on the
98	98	continuing agreement of the Commissioners Court of Fort Bend County
99	99	to contribute to the program each year in which the program operates
100	100	services for persons with mental illness equivalent in value to
101	101	funding provided by the state for the program.
102	102	(b) It is the intent of the legislature that appropriations
103	103	made to pay for the pilot program are made in addition to and will
104	104	not reduce the amount of appropriations made in the regular funding
105	105	of a local authority for intellectual and developmental
106	106	disabilities or a local mental health authority that serves Fort
107	107	Bend County.
108	108	(c) The Commissioners Court of Fort Bend County may seek and
109	109	receive gifts and grants from federal sources, foundations,
110	110	individuals, and other sources for the benefit of the pilot
111	111	program.
112	112	Sec. 581.008. INSPECTIONS. The department may make
113	113	inspections of the operation of and provision of mental health jail
114	114	diversion services through the pilot program on behalf of the state
115	115	to ensure state money appropriated for the pilot program is used
116	116	effectively.
117	117	Sec. 581.009. REPORT. (a) Not later than December 1, 2022,
118	118	the commissioner shall evaluate and submit a report concerning the
119	119	effect of the pilot program in providing short-term residential
120	120	treatment in a crisis stabilization unit that includes medical,
121	121	behavioral health, case management, and nursing services and
122	122	reducing recidivism and the frequency of arrests and incarceration
123	123	among persons with mental illness in Fort Bend County to the
124	124	governor, the lieutenant governor, the speaker of the house of
125	125	representatives, and the presiding officers of the standing
126	126	committees of the senate and house of representatives having
127	127	primary jurisdiction over health and human services issues and over
128	128	criminal justice issues.
129	129	(b) The report must include a description of the features of
130	130	the criminal justice mental health service model developed and
131	131	tested under the pilot program and the commissioner's
132	132	recommendation whether to expand use of the model statewide.
133	133	(c) In conducting the evaluation required under Subsection
134	134	(a), the commissioner shall compare the rate of recidivism in Fort
135	135	Bend County among persons in the target population before the date
136	136	the program is implemented in the community to the rate of
137	137	recidivism among those persons two years after the date the program
138	138	is implemented in the community and three years after the date the
139	139	program is implemented in the community. The commissioner may
140	140	include in the evaluation measures of the effectiveness of the
141	141	program related to the well-being of persons served under the
142	142	program.
143	143	Sec. 581.010. CONCLUSION; EXPIRATION. The pilot program
144	144	established under this chapter concludes and this chapter expires
145	145	September 1, 2023.
146	146	SECTION 2. This Act takes effect immediately if it receives
147	147	a vote of two-thirds of all the members elected to each house, as
148	148	provided by Section 39, Article III, Texas Constitution. If this
149	149	Act does not receive the vote necessary for immediate effect, this
150	150	Act takes effect September 1, 2019.