Texas 2019 - 86th Regular

Texas House Bill HB3620 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		86R13840 GCB-D
2		-	By: Reynolds~~, Zerwas, Miller, Stephenson~~ H.B. No. 3620
	2	+	By: Reynolds H.B. No. 3620
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) "Commission" means the Health and Human Services
16	16		Commission.
17	17		(2) "Commissioners court" means the Fort Bend County
18	18		Commissioners Court.
19	19		Sec. 580.002. MENTAL HEALTH TREATMENT FOR INCARCERATION
20	20		DIVERSION PILOT PROGRAM. The commission, in cooperation with the
21	21		commissioners court, shall establish a pilot program in Fort Bend
22	22		County to be implemented by the commissioners court for the purpose
23	23		of reducing recidivism and the frequency of arrests and
24	24		incarceration of persons with mental illness in that county.
25	25		Sec. 580.003. CRIMINAL JUSTICE MENTAL HEALTH SERVICE MODEL.
26	26		The commissioners court shall design and test through the pilot
27	27		program a criminal justice mental health service model oriented
28	28		toward facilitating treatment for persons with mental illness to
29	29		reduce the recidivism and frequency of arrests and incarceration of
30	30		persons with mental illness in Fort Bend County. The model
31	31		initially must apply the critical time intervention principle
32	32		described by Section 580.004 and must include the following
33	33		elements:
34	34		(1) caseload management;
35	35		(2) multilevel residential services; and
36	36		(3) easy access to:
37	37		(A) integrated health, mental health, and
38	38		chemical dependency services;
39	39		(B) benefits acquisition services; and
40	40		(C) multiple rehabilitation services.
41	41		Sec. 580.004. CRITICAL TIME INTERVENTION. The
42	42		commissioners court, in applying the critical time intervention
43	43		principle through the pilot program, shall endeavor to give persons
44	44		with mental illness access to available social, clinical, housing,
45	45		and welfare services during the first weeks after the person's
46	46		release from jail.
47	47		Sec. 580.005. LOCAL SERVICES COORDINATION. In designing
48	48		the criminal justice mental health service model, the commissioners
49	49		court shall seek input from and coordinate the provision of
50	50		services with the following local entities:
51	51		(1) the Fort Bend County Sheriff's Office;
52	52		(2) the mental health division of the office of the
53	53		district attorney of Fort Bend County;
54	54		(3) the Fort Bend County Mental Health Public
55	55		Defender's Office;
56	56		(4) mental health courts;
57	57		(5) specially trained law enforcement crisis
58	58		intervention teams and crisis intervention response teams;
59	59		(6) providers of competency restoration services;
60	60		(7) providers of guardianship services;
61	61		(8) providers of forensic case management;
62	62		(9) providers of assertive community treatment;
63	63		(10) providers of crisis stabilization services;
64	64		(11) providers of intensive and general supportive
65	65		housing; and
66	66		(12) providers of integrated mental health and
67	67		substance abuse inpatient, outpatient, and rehabilitation
68	68		services.
69	69		Sec. 580.006. PROGRAM CAPACITY. (a) In implementing the
70	70		pilot program, the commissioners court shall ensure the program has
71	71		the resources to provide mental health treatment for incarceration
72	72		diversion services to not fewer than 10 individuals.
73	73		(b) The commissioners court shall endeavor to serve each
74	74		year the pilot program operates not fewer than 10 or more than 20
75	75		individuals cumulatively.
76	76		(c) Before the commissioners court implements the pilot
77	77		program, the commission and the commissioners court jointly shall
78	78		establish clear criteria for identifying a target population to be
79	79		served by the program. The criteria must prioritize serving a
80	80		target population composed of members at high risk of recidivism
81	81		and with severe mental illness. The commissioners court, in
82	82		consultation with the appropriate entities listed in Section
83	83		580.005, may adjust the criteria established under this subsection
84	84		during the operation of the program provided the adjusted criteria
85	85		are clearly articulated.
86	86		Sec. 580.007. FINANCING THE PROGRAM. (a) The creation of
87	87		the pilot program under this chapter is contingent on the
88	88		continuing agreement of the commissioners court to contribute to
89	89		the program each year in which the program operates services for
90	90		persons with mental illness equivalent in value to funding provided
91	91		by the state for the program.
92	92		(b) It is the intent of the legislature that appropriations
93	93		made to fund the pilot program are made in addition to and will not
94	94		reduce the amount of appropriations made in the regular funding of
95	95		the local mental health authority for Fort Bend County.
96	96		(c) The commissioners court may seek and receive gifts and
97	97		grants from federal sources, foundations, individuals, and other
98	98		sources for the benefit of the pilot program.
99	99		Sec. 580.008. INSPECTIONS. The commission may make
100	100		inspections of the operation of and provision of mental health
101	101		treatment for incarceration diversion services through the pilot
102	102		program on behalf of the state to ensure state funds appropriated
103	103		for the program are used effectively.
104	104		Sec. 580.009. REPORT. (a) Not later than December 1, 2020,
105	105		the executive commissioner shall evaluate and submit a report
106	106		concerning the effect of the pilot program in reducing recidivism
107	107		and the frequency of arrests and incarceration of persons with
108	108		mental illness in Fort Bend County to the governor, the lieutenant
109	109		governor, the speaker of the house of representatives, and the
110	110		presiding officers of the standing committees of the senate and
111	111		house of representatives having primary jurisdiction over health
112	112		and human services issues and over criminal justice issues.
113	113		(b) The report must include a description of the features of
114	114		the criminal justice mental health service model designed and
115	115		tested under the pilot program and the executive commissioner's
116	116		recommendation whether to expand use of the model statewide.
117	117		(c) In conducting the evaluation required under Subsection
118	118		(a), the executive commissioner shall compare the rate of
119	119		recidivism in Fort Bend County among persons in the target
120	120		population before the date the pilot program is implemented in the
121	121		community to the rate of recidivism among those persons two years
122	122		after the date the program is implemented in the community and three
123	123		years after the date the program is implemented in the community.
124	124		The executive commissioner may include in the evaluation measures
125	125		of the effectiveness of the program related to the well-being of
126	126		persons served under the program.
127	127		Sec. 580.010. CONCLUSION; EXPIRATION. The pilot program
128	128		established under this chapter concludes and this chapter expires
129	129		September 1, 2021.
130	130		SECTION 2. This Act takes effect immediately if it receives
131	131		a vote of two-thirds of all the members elected to each house, as
132	132		provided by Section 39, Article III, Texas Constitution. If this
133	133		Act does not receive the vote necessary for immediate effect, this
134	134		Act takes effect September 1, 2019.