Texas 2019 - 86th Regular

Texas House Bill HB3892 Compare Versions

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

Old	New	Differences
1	1	86R7137 EAS-D
2	2	By: Price H.B. No. 3892
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to court-ordered mental health services.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 46B, Code of Criminal Procedure, is
10	10	amended by adding Subchapter B-1 to read as follows:
11	11	SUBCHAPTER B-1. CIVIL COMMITMENT FOR OUTPATIENT MENTAL HEALTH
12	12	SERVICES: CHARGES PENDING
13	13	Art. 46B.041. OUTPATIENT MENTAL HEALTH SERVICES BEFORE
14	14	INCOMPETENCY TRIAL FOR CLASS B MISDEMEANOR. (a) This article
15	15	applies only to a defendant who is charged with an offense
16	16	punishable as a Class B misdemeanor and who the court determines is
17	17	not a danger to others and may be safely released on bail and
18	18	treated on an outpatient basis while charges remain pending.
19	19	(b) On the motion of the attorney representing the state, if
20	20	it appears based on the court's examination of the defendant under
21	21	Subchapter B that the defendant is a person with mental illness or a
22	22	person with an intellectual or developmental disability, and
23	23	subject to conditions reasonably related to ensuring public safety
24	24	and the effectiveness of the defendant's treatment, the court may
25	25	release the defendant on bail while charges against the defendant
26	26	remain pending and enter an order transferring the defendant to the
27	27	appropriate court for proceedings to commit the defendant to a
28	28	course of outpatient mental health services to occur before the
29	29	court proceeds under this chapter or with the trial of the offense.
30	30	(c) On the motion of the attorney representing the state, if
31	31	the court determines the defendant has complied with appropriate
32	32	court-ordered outpatient treatment, the court may dismiss the
33	33	charges pending against the defendant and discharge the defendant.
34	34	(d) On the motion of the attorney representing the state, if
35	35	the court determines the defendant has failed to comply with
36	36	appropriate court-ordered outpatient treatment, the court shall
37	37	proceed under this chapter or with the trial of the offense.
38	38	SECTION 2. Section 574.001, Health and Safety Code, is
39	39	amended by adding Subsection (g) to read as follows:
40	40	(g) An order transferring a criminal defendant against whom
41	41	charges have not been dismissed to the appropriate court for a
42	42	hearing on court-ordered mental health services in accordance with
43	43	Subchapter B-1, Chapter 46B, Code of Criminal Procedure, serves as
44	44	an application under this section.
45	45	SECTION 3. Sections 574.034(b) and (e), Health and Safety
46	46	Code, are amended to read as follows:
47	47	(b) The judge may order a proposed patient to receive
48	48	court-ordered temporary outpatient mental health services only if:
49	49	(1) the judge finds that appropriate mental health
50	50	services are available to the proposed patient; and
51	51	(2) the judge or jury finds, from clear and convincing
52	52	evidence, that:
53	53	(A) the proposed patient is a person with mental
54	54	illness;
55	55	(B) as a result of mental illness, the proposed
56	56	patient is unlikely to voluntarily participate in treatment that
57	57	the court determines is necessary to prevent a relapse or harmful
58	58	deterioration of the proposed patient's condition [the nature of
59	59	the mental illness is severe and persistent]; and
60	60	(C) the proposed patient has demonstrated
61	61	noncompliance with mental health treatment, as shown by one or more
62	62	of the following events having occurred during the 48 months
63	63	immediately preceding the current proceeding [as a result of the
64	64	mental illness, the proposed patient will, if not treated, continue
65	65	to]:
66	66	(i) the proposed patient was committed by a
67	67	court to receive inpatient mental health services two or more times
68	68	[suffer severe and abnormal mental, emotional, or physical
69	69	distress]; [and]
70	70	(ii) the proposed patient was incarcerated
71	71	two or more times [experience deterioration of the ability to
72	72	function independently to the extent that the proposed patient will
73	73	be unable to live safely in the community without court-ordered
74	74	outpatient mental health services]; or [and]
75	75	(iii) the proposed patient has committed
76	76	one or more acts, attempts, or threats of serious violence
77	77	[(D) the proposed patient has an inability to
78	78	participate in outpatient treatment services effectively and
79	79	voluntarily, demonstrated by:
80	80	[(i) any of the proposed patient's actions
81	81	occurring within the two-year period which immediately precedes the
82	82	hearing; or
83	83	[(ii) specific characteristics of the
84	84	proposed patient's clinical condition that make impossible a
85	85	rational and informed decision whether to submit to voluntary
86	86	outpatient treatment].
87	87	(e) To be clear and convincing under Subsection
88	88	[Subdivision] (b)(2), the evidence must include expert testimony
89	89	[and, unless waived, evidence of a recent overt act or a continuing
90	90	pattern of behavior that tends to confirm:
91	91	[(1) the proposed patient's distress;
92	92	[(2) the deterioration of ability to function
93	93	independently to the extent that the proposed patient will be
94	94	unable to live safely in the community; and
95	95	[(3) the proposed patient's inability to participate in
96	96	outpatient treatment services effectively and voluntarily].
97	97	SECTION 4. Section 574.037(c-2), Health and Safety Code, is
98	98	amended to read as follows:
99	99	(c-2) A court may[, on its own motion,] set a status
100	100	conference on a patient's failure to comply with court-ordered
101	101	outpatient services in accordance with Section 574.0665 [with the
102	102	person responsible for the services, the patient, and the patient's
103	103	attorney].
104	104	SECTION 5. Sections 574.061(a), (b), (c), (d), (e), and
105	105	(h), Health and Safety Code, are amended to read as follows:
106	106	(a) The facility administrator of a facility to which a
107	107	patient is committed for inpatient mental health services, not
108	108	later than the 30th day after the date the patient is committed to
109	109	the facility, shall provide notice to [may request] the court that
110	110	entered the commitment order stating the administrator's
111	111	recommendation regarding the appropriateness for the patient of
112	112	modifying [to modify] the order to require the patient to
113	113	participate in outpatient mental health services. At any time
114	114	during a patient's commitment to an inpatient mental health
115	115	facility after the facility administrator provides the notice
116	116	required under this subsection, the facility administrator may
117	117	recommend that the court that entered the commitment order modify
118	118	the order to require the patient to participate in outpatient
119	119	mental health services.
120	120	(b) A [The] facility administrator's recommendation under
121	121	Subsection (a) [request] must explain in detail the reason for the
122	122	recommendation [request]. The recommendation [request] must be
123	123	accompanied by a supporting certificate of medical examination for
124	124	mental illness signed by a physician who examined the patient
125	125	during the seven days preceding the recommendation [request].
126	126	(c) The patient shall be given notice of a facility
127	127	administrator's recommendation under Subsection (a) [the request].
128	128	(d) On request of the patient or any other interested
129	129	person, the court shall hold a hearing on a facility
130	130	administrator's recommendation that the court modify the
131	131	commitment order [the request]. The court shall appoint an
132	132	attorney to represent the patient at the hearing and shall consult
133	133	with the local mental health authority before issuing a decision.
134	134	The hearing shall be held before the court without a jury and as
135	135	prescribed by Section 574.031. The patient shall be represented by
136	136	an attorney and receive proper notice.
137	137	(e) If a hearing is not requested, the court may make a [the]
138	138	decision regarding a facility administrator's recommendation
139	139	solely from the recommendation [request] and the supporting
140	140	certificate.
141	141	(h) A modified order may [not] extend beyond the term of the
142	142	original order.
143	143	SECTION 6. Subchapter E, Chapter 574, Health and Safety
144	144	Code, is amended by adding Section 574.0665 to read as follows:
145	145	Sec. 574.0665. STATUS CONFERENCE ON PATIENT'S FAILURE TO
146	146	COMPLY WITH COURT-ORDERED OUTPATIENT SERVICES. A court on its own
147	147	motion may set a status conference with the patient, the patient's
148	148	attorney, and the person designated to be responsible for the
149	149	patient's court-ordered outpatient services under Section 574.037.
150	150	SECTION 7. Section 574.081, Health and Safety Code, is
151	151	amended by amending Subsections (b) and (c) and adding Subsections
152	152	(a-1) and (c-1) to read as follows:
153	153	(a-1) Subsection (a) applies to a patient scheduled to be
154	154	furloughed or discharged from an inpatient mental health facility
155	155	or a private mental health facility if the patient's treatment at
156	156	the private mental health facility is paid in whole or in part with
157	157	state money or money received by the state from the federal
158	158	government.
159	159	(b) The physician shall prepare the plan as prescribed by
160	160	commission [department] rules and shall consult the patient and the
161	161	local mental health authority in the area in which the patient will
162	162	reside before preparing the plan. [The local mental health
163	163	authority is not required to participate in preparing a plan for a
164	164	patient furloughed or discharged from a private mental health
165	165	facility.]
166	166	(c) The plan must address the patient's mental health and
167	167	physical needs, including, if appropriate:
168	168	(1) the need for outpatient mental health services
169	169	following furlough or discharge; and
170	170	(2) the need for sufficient medication on furlough or
171	171	discharge to last until the patient can see a physician[; and
172	172	[(2) the person or entity that is responsible for
173	173	providing and paying for the medication].
174	174	(c-1) Except as otherwise specified in the plan, the mental
175	175	health facility is responsible for paying for medication on
176	176	furlough or discharge sufficient to last until the patient can see a
177	177	physician.
178	178	SECTION 8. Subchapter B, Chapter 22, Government Code, is
179	179	amended by adding Section 22.1106 to read as follows:
180	180	Sec. 22.1106. JUDICIAL INSTRUCTION RELATED TO
181	181	COURT-ORDERED MENTAL HEALTH SERVICES. The court of criminal appeals
182	182	shall ensure that judicial training related to the problems of
183	183	court-ordered mental health services is provided at least once
184	184	every year. The instruction may be provided at the annual Judicial
185	185	Education Conference.
186	186	SECTION 9. Sections 574.065(e) and 574.081(h), Health and
187	187	Safety Code, are repealed.
188	188	SECTION 10. The changes in law made by this Act to Chapter
189	189	574, Health and Safety Code, apply to a commitment proceeding under
190	190	that chapter that occurs on or after the effective date of this Act,
191	191	regardless of whether conduct of a proposed patient being evaluated
192	192	for that purpose occurred before, on, or after the effective date of
193	193	this Act.
194	194	SECTION 11. The changes in law made by this Act to Chapter
195	195	46B, Code of Criminal Procedure, and Chapter 574, Health and Safety
196	196	Code, apply to a proceeding for court-ordered mental health
197	197	services that occurs on or after the effective date of this Act,
198	198	regardless of when an offense with which the defendant is charged
199	199	was committed.
200	200	SECTION 12. This Act takes effect September 1, 2019.