Texas 2019 - 86th Regular

Texas Senate Bill SB105 Compare Versions

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

Old	New	Differences
1	1	86R3264 EAS-F
2	2	By: Menéndez S.B. No. 105
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 580 to read as follows:
12	12	CHAPTER 580. MENTAL HEALTH JAIL DIVERSION AND CRISIS STABILIZATION
13	13	UNIT PILOT PROGRAM; BEXAR COUNTY
14	14	Sec. 580.001. 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 Bexar
18	18	County.
19	19	(3) "Department" means the Department of State Health
20	20	Services.
21	21	Sec. 580.002. 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 Bexar
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 and nursing
27	27	services for persons with mental illness who are incarcerated in
28	28	that county; and
29	29	(2) reduce recidivism and the frequency of arrests and
30	30	incarceration among persons with mental illness in that county.
31	31	Sec. 580.003. CRIMINAL JUSTICE MENTAL HEALTH SERVICE MODEL.
32	32	The county judge shall design and test through the pilot program a
33	33	criminal justice mental health service model oriented toward
34	34	providing short-term residential treatment in a crisis
35	35	stabilization unit that includes medical and nursing services and
36	36	reducing the recidivism and frequency of arrests and incarceration
37	37	of persons with mental illness in the Bexar County jail. The model
38	38	initially must apply the critical time intervention principle
39	39	described by Section 580.004 and must include the following
40	40	elements:
41	41	(1) medical and nursing services;
42	42	(2) low caseload management;
43	43	(3) multilevel residential services; and
44	44	(4) easy access to:
45	45	(A) integrated health, mental health, and
46	46	chemical dependency services;
47	47	(B) benefits acquisition services; and
48	48	(C) multiple rehabilitation services.
49	49	Sec. 580.004. CRITICAL TIME INTERVENTION. The pilot
50	50	program, in applying the critical time intervention principle, must
51	51	give persons with mental illness access to available social,
52	52	clinical, housing, and welfare services during the first weeks
53	53	after the person's release from jail.
54	54	Sec. 580.005. LOCAL SERVICES COORDINATION. In designing
55	55	the criminal justice mental health service model, the county judge
56	56	shall seek input from and coordinate the provision of services with
57	57	the following local entities:
58	58	(1) county or municipal law enforcement agencies;
59	59	(2) the mental health division of the office of the
60	60	district attorney of Bexar County;
61	61	(3) the Bexar County public defender;
62	62	(4) mental health courts;
63	63	(5) specially trained law enforcement crisis
64	64	intervention teams and crisis intervention response teams;
65	65	(6) providers of competency restoration services;
66	66	(7) providers of guardianship services;
67	67	(8) providers of forensic case management;
68	68	(9) providers of assertive community treatment;
69	69	(10) providers of crisis stabilization services;
70	70	(11) providers of intensive and general supportive
71	71	housing; and
72	72	(12) providers of integrated mental health and
73	73	substance abuse inpatient, outpatient, and rehabilitation
74	74	services.
75	75	Sec. 580.006. PROGRAM CAPACITY. (a) In implementing the
76	76	pilot program, the county judge shall ensure the program has the
77	77	resources to provide mental health jail diversion services to not
78	78	fewer than 400 individuals.
79	79	(b) The county judge shall endeavor to serve each year the
80	80	program operates not fewer than 400 or more than 600 individuals
81	81	cumulatively.
82	82	(c) Before the county judge implements the pilot program,
83	83	the department and the county judge jointly shall establish clear
84	84	criteria for identifying a target population to be served by the
85	85	program. The criteria must prioritize serving a target population
86	86	composed of members with the highest risks of recidivism and the
87	87	most severe mental illnesses. The county judge, in consultation
88	88	with the appropriate entities listed in Section 580.005, may adjust
89	89	the criteria established under this subsection during the operation
90	90	of the program provided the adjusted criteria are clearly
91	91	articulated.
92	92	Sec. 580.007. FINANCING THE PROGRAM. (a) The creation of
93	93	the pilot program under this chapter is contingent on the
94	94	continuing agreement of the Commissioners Court of Bexar County to
95	95	contribute to the program each year in which the program operates
96	96	services for persons with mental illness equivalent in value to
97	97	funding provided by the state for the program.
98	98	(b) It is the intent of the legislature that appropriations
99	99	made to pay for the pilot program are made in addition to and will
100	100	not reduce the amount of appropriations made in the regular funding
101	101	of a local authority for intellectual and developmental
102	102	disabilities or a local mental health authority that serves Bexar
103	103	County.
104	104	(c) The Commissioners Court of Bexar County may seek and
105	105	receive gifts and grants from federal sources, foundations,
106	106	individuals, and other sources for the benefit of the pilot
107	107	program.
108	108	Sec. 580.008. INSPECTIONS. The department may make
109	109	inspections of the operation of and provision of mental health jail
110	110	diversion services through the pilot program on behalf of the state
111	111	to ensure state money appropriated for the pilot program is used
112	112	effectively.
113	113	Sec. 580.009. REPORT. (a) Not later than December 1, 2022,
114	114	the commissioner shall evaluate and submit a report concerning the
115	115	effect of the pilot program in providing short-term residential
116	116	treatment in a crisis stabilization unit that includes medical and
117	117	nursing services and reducing recidivism and the frequency of
118	118	arrests and incarceration among persons with mental illness in
119	119	Bexar County to the governor, the lieutenant governor, the speaker
120	120	of the house of representatives, and the presiding officers of the
121	121	standing committees of the senate and house of representatives
122	122	having primary jurisdiction over health and human services issues
123	123	and over criminal justice issues.
124	124	(b) The report must include a description of the features of
125	125	the criminal justice mental health service model developed and
126	126	tested under the pilot program and the commissioner's
127	127	recommendation whether to expand use of the model statewide.
128	128	(c) In conducting the evaluation required under Subsection
129	129	(a), the commissioner shall compare the rate of recidivism in Bexar
130	130	County among persons in the target population before the date the
131	131	program is implemented in the community to the rate of recidivism
132	132	among those persons two years after the date the program is
133	133	implemented in the community and three years after the date the
134	134	program is implemented in the community. The commissioner may
135	135	include in the evaluation measures of the effectiveness of the
136	136	program related to the well-being of persons served under the
137	137	program.
138	138	Sec. 580.010. CONCLUSION; EXPIRATION. The pilot program
139	139	established under this chapter concludes and this chapter expires
140	140	September 1, 2023.
141	141	SECTION 2. This Act takes effect immediately if it receives
142	142	a vote of two-thirds of all the members elected to each house, as
143	143	provided by Section 39, Article III, Texas Constitution. If this
144	144	Act does not receive the vote necessary for immediate effect, this
145	145	Act takes effect September 1, 2019.