Texas 2019 - 86th Regular

Texas House Bill HB600 Compare Versions

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

Old	New	Differences
1	1	86R1705 LHC-D
2	2	By: Price H.B. No. 600
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to procedures for identifying or releasing on personal
8	8	bond criminal defendants suspected of having a mental illness or
9	9	intellectual disability.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 16.22(a), Code of Criminal Procedure, as
12	12	amended by Chapters 748 (S.B. 1326) and 950 (S.B. 1849), Acts of the
13	13	85th Legislature, Regular Session, 2017, is reenacted and amended
14	14	to read as follows:
15	15	(a)(1) Not later than 12 hours after the sheriff or
16	16	municipal jailer having custody of a defendant for an offense
17	17	punishable as a Class B misdemeanor or any higher category of
18	18	offense receives credible information that may establish
19	19	reasonable cause to believe that the defendant has a mental illness
20	20	or is a person with an intellectual disability, the sheriff or
21	21	municipal jailer shall provide written or electronic notice to the
22	22	magistrate. The notice must include any information related to the
23	23	sheriff's or municipal jailer's determination, such as information
24	24	regarding the defendant's behavior immediately before, during, and
25	25	after the defendant's arrest and, if applicable, the results of any
26	26	previous assessment of the defendant. On a determination that
27	27	there is reasonable cause to believe that the defendant has a mental
28	28	illness or is a person with an intellectual disability, the
29	29	magistrate, except as provided by Subdivision (2), shall order the
30	30	local mental health authority, local intellectual and
31	31	developmental disability authority, or another qualified mental
32	32	health or intellectual disability expert to:
33	33	(A) interview the defendant and otherwise
34	34	collect information regarding whether the defendant has a mental
35	35	illness as defined by Section 571.003, Health and Safety Code, or is
36	36	a person with an intellectual disability as defined by Section
37	37	591.003, Health and Safety Code, including, if applicable,
38	38	information obtained from any previous assessment of the defendant
39	39	and information regarding any previously recommended treatment or
40	40	service; and
41	41	(B) provide to the magistrate a written report
42	42	[assessment] of the interview and other information collected under
43	43	Paragraph (A) on the form approved by the Texas Correctional Office
44	44	on Offenders with Medical or Mental Impairments under Section
45	45	614.0032(c) [614.0032(b)], Health and Safety Code.
46	46	(2) The magistrate is not required to order the
47	47	interview and collection of other information under Subdivision (1)
48	48	if the defendant in the year preceding the defendant's applicable
49	49	date of arrest has been determined to have a mental illness or to be
50	50	a person with an intellectual disability by the local mental health
51	51	authority, local intellectual and developmental disability
52	52	authority, or another mental health or intellectual disability
53	53	expert described by Subdivision (1). A court that elects to use the
54	54	results of that previous determination may proceed under Subsection
55	55	(c).
56	56	(3) If the defendant fails or refuses to submit to the
57	57	interview and collection of other information regarding the
58	58	defendant as required under Subdivision (1), the magistrate may
59	59	order the defendant to submit to an examination in a jail or in
60	60	another place determined to be appropriate by the local mental
61	61	health authority or local intellectual and developmental
62	62	disability authority for a reasonable period not to exceed 72
63	63	hours. If applicable, the county in which the committing court is
64	64	located shall reimburse the local mental health authority or local
65	65	intellectual and developmental disability authority for the
66	66	mileage and per diem expenses of the personnel required to
67	67	transport the defendant, calculated in accordance with the state
68	68	travel regulations in effect at the time.
69	69	SECTION 2. Article 16.22, Code of Criminal Procedure, is
70	70	amended by amending Subsections (b), (b-1), (c), (d), and (e) and
71	71	adding Subsection (f) to read as follows:
72	72	(b) Except as otherwise permitted by the magistrate for good
73	73	cause shown, a written report [assessment] of the interview and
74	74	other information collected under Subsection (a)(1)(A) shall be
75	75	provided to the magistrate:
76	76	(1) for a defendant held in custody, not later than 96
77	77	hours after the time an order was issued under Subsection (a); or
78	78	(2) for a defendant released from custody, not later
79	79	than the 30th day after the date an order was issued under
80	80	Subsection (a).
81	81	(b-1) The magistrate shall provide copies of the written
82	82	report [assessment] to the defense counsel, the attorney
83	83	representing the state, and the trial court. The written report
84	84	[assessment] must include a description of the procedures used in
85	85	the interview and collection of other information under Subsection
86	86	(a)(1)(A) and the applicable expert's observations and findings
87	87	pertaining to:
88	88	(1) whether the defendant is a person who has a mental
89	89	illness or is a person with an intellectual disability;
90	90	(2) whether there is clinical evidence to support a
91	91	belief that the defendant may be incompetent to stand trial and
92	92	should undergo a complete competency examination under Subchapter
93	93	B, Chapter 46B; and
94	94	(3) any appropriate or recommended treatment or
95	95	service.
96	96	(c) After the trial court receives the applicable expert's
97	97	written report [assessment] relating to the defendant under
98	98	Subsection (b-1) or elects to use the results of a previous
99	99	determination as described by Subsection (a)(2), the trial court
100	100	may, as applicable:
101	101	(1) resume criminal proceedings against the
102	102	defendant, including any appropriate proceedings related to the
103	103	defendant's release on personal bond under Article 17.032 if the
104	104	defendant is being held in custody;
105	105	(2) resume or initiate competency proceedings, if
106	106	required, as provided by Chapter 46B or other proceedings affecting
107	107	the defendant's receipt of appropriate court-ordered mental health
108	108	or intellectual disability services, including proceedings related
109	109	to the defendant's receipt of outpatient mental health services
110	110	under Section 574.034, Health and Safety Code;
111	111	(3) consider the written report [assessment] during
112	112	the punishment phase after a conviction of the offense for which the
113	113	defendant was arrested, as part of a presentence investigation
114	114	report, or in connection with the impositions of conditions
115	115	following placement on community supervision, including deferred
116	116	adjudication community supervision; or
117	117	(4) refer the defendant to an appropriate specialty
118	118	court established or operated under Subtitle K, Title 2, Government
119	119	Code.
120	120	(d) This article does not prevent the applicable court from,
121	121	before, during, or after the interview and collection of other
122	122	information regarding the defendant as described by this article:
123	123	(1) releasing a defendant who has a mental illness or
124	124	is a person with an intellectual disability from custody on
125	125	personal or surety bond, including imposing as a condition of
126	126	release that the defendant submit to an examination or other
127	127	assessment; or
128	128	(2) ordering an examination regarding the defendant's
129	129	competency to stand trial.
130	130	(e) The Texas Judicial Council shall adopt rules to require
131	131	the reporting of [The magistrate shall submit to the Office of
132	132	Court Administration of the Texas Judicial System on a monthly
133	133	basis] the number of written reports [assessments] provided to a
134	134	[the] court under Subsection (a)(1)(B). The rules must require
135	135	submission of the reports to the Office of Court Administration of
136	136	the Texas Judicial System on a monthly basis.
137	137	(f) A written report submitted to a magistrate under
138	138	Subsection (a)(1)(B) is confidential and not subject to disclosure
139	139	under Chapter 552, Government Code, but may be used or disclosed as
140	140	provided by this article.
141	141	SECTION 3. Articles 17.032(b) and (c), Code of Criminal
142	142	Procedure, as amended by Chapters 748 (S.B. 1326) and 950 (S.B.
143	143	1849), Acts of the 85th Legislature, Regular Session, 2017, are
144	144	reenacted and amended to read as follows:
145	145	(b) Notwithstanding Article 17.03(b), or a bond schedule
146	146	adopted or a standing order entered by a judge, a magistrate shall
147	147	release a defendant on personal bond unless good cause is shown
148	148	otherwise if:
149	149	(1) the defendant is not charged with and has not been
150	150	previously convicted of a violent offense;
151	151	(2) the defendant is examined by the local mental
152	152	health authority, local intellectual and developmental disability
153	153	authority, or another qualified mental health or intellectual
154	154	disability expert under Article 16.22;
155	155	(3) the applicable expert, in a written report
156	156	[assessment] submitted to the magistrate under Article 16.22:
157	157	(A) concludes that the defendant has a mental
158	158	illness or is a person with an intellectual disability and is
159	159	nonetheless competent to stand trial; and
160	160	(B) recommends mental health treatment or
161	161	intellectual disability services for the defendant, as applicable;
162	162	(4) the magistrate determines, in consultation with
163	163	the local mental health authority or local intellectual and
164	164	developmental disability authority, that appropriate
165	165	community-based mental health or intellectual disability services
166	166	for the defendant are available in accordance with Section 534.053
167	167	or 534.103, Health and Safety Code, or through another mental
168	168	health or intellectual disability services provider; and
169	169	(5) the magistrate finds, after considering all the
170	170	circumstances, a pretrial risk assessment, if applicable, and any
171	171	other credible information provided by the attorney representing
172	172	the state or the defendant, that release on personal bond would
173	173	reasonably ensure the defendant's appearance in court as required
174	174	and the safety of the community and the victim of the alleged
175	175	offense.
176	176	(c) The magistrate, unless good cause is shown for not
177	177	requiring treatment or services, shall require as a condition of
178	178	release on personal bond under this article that the defendant
179	179	submit to outpatient or inpatient mental health treatment or
180	180	intellectual disability services as recommended by the local mental
181	181	health authority, local intellectual and developmental disability
182	182	authority, or another qualified mental health or intellectual
183	183	disability expert if the defendant's:
184	184	(1) mental illness or intellectual disability is
185	185	chronic in nature; or
186	186	(2) ability to function independently will continue to
187	187	deteriorate if the defendant does not receive the recommended
188	188	treatment or services [is not treated].
189	189	SECTION 4. Section 511.0085(a), Government Code, is amended
190	190	to read as follows:
191	191	(a) The commission shall develop a comprehensive set of risk
192	192	factors to use in assessing the overall risk level of each jail
193	193	under the commission's jurisdiction. The set of risk factors must
194	194	include:
195	195	(1) a history of the jail's compliance with state law
196	196	and commission rules, standards, and procedures;
197	197	(2) the population of the jail;
198	198	(3) the number and nature of complaints regarding the
199	199	jail, including complaints regarding a violation of any required
200	200	ratio of correctional officers to inmates;
201	201	(4) problems with the jail's internal grievance
202	202	procedures;
203	203	(5) available mental and medical health reports
204	204	relating to inmates in the jail, including reports relating to
205	205	infectious disease or pregnant inmates;
206	206	(6) recent turnover among sheriffs and jail staff;
207	207	(7) inmate escapes from the jail;
208	208	(8) the number and nature of inmate deaths at the jail,
209	209	including the results of the investigations of those deaths; and
210	210	(9) whether the jail is in compliance with commission
211	211	rules, standards developed by the Texas Correctional Office on
212	212	Offenders with Medical or Mental Impairments, and the requirements
213	213	of Article 16.22, Code of Criminal Procedure, regarding screening
214	214	and assessment protocols for the early identification of and
215	215	reports concerning persons with mental illness or an intellectual
216	216	disability.
217	217	SECTION 5. The heading to Section 614.0032, Health and
218	218	Safety Code, is amended to read as follows:
219	219	Sec. 614.0032. SPECIAL DUTIES RELATED TO MEDICALLY
220	220	RECOMMENDED SUPERVISION; DETERMINATIONS REGARDING MENTAL ILLNESS
221	221	OR INTELLECTUAL DISABILITY [COMPETENCY OR FITNESS TO PROCEED].
222	222	SECTION 6. Section 614.0032, Health and Safety Code, is
223	223	amended by adding Subsection (c) to read as follows:
224	224	(c) The office shall approve and make generally available in
225	225	electronic format a standard form for use by a person providing a
226	226	written report under Article 16.22(a)(1)(B), Code of Criminal
227	227	Procedure.
228	228	SECTION 7. The changes in law made by this Act apply only to
229	229	a defendant charged with an offense committed on or after the
230	230	effective date of this Act. A defendant charged with an offense
231	231	committed before the effective date of this Act is governed by the
232	232	law in effect on the date the offense was committed, and the former
233	233	law is continued in effect for that purpose. For purposes of this
234	234	section, an offense was committed before the effective date of this
235	235	Act if any element of the offense occurred before that date.
236	236	SECTION 8. To the extent of any conflict, this Act prevails
237	237	over another Act of the 86th Legislature, Regular Session, 2019,
238	238	relating to nonsubstantive additions to and corrections in enacted
239	239	codes.
240	240	SECTION 9. This Act takes effect September 1, 2019.