86R3264 EAS-F
By: Menéndez S.B. No. 105
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a mental health jail diversion and
crisis stabilization unit pilot program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 7, Health and Safety Code, is
amended by adding Chapter 580 to read as follows:
CHAPTER 580. MENTAL HEALTH JAIL DIVERSION AND CRISIS STABILIZATION
UNIT PILOT PROGRAM; BEXAR COUNTY
Sec. 580.001. DEFINITIONS. In this chapter:
(1) "Commissioner" means the commissioner of state
health services.
(2) "County judge" means the county judge of Bexar
County.
(3) "Department" means the Department of State Health
Services.
Sec. 580.002. MENTAL HEALTH JAIL DIVERSION AND CRISIS
STABILIZATION UNIT PILOT PROGRAM. The department, in cooperation
with the county judge, shall establish a pilot program in Bexar
County to be implemented by the county judge to:
(1) provide short-term residential treatment in a
crisis stabilization unit that includes medical and nursing
services for persons with mental illness who are incarcerated in
that county; and
(2) reduce recidivism and the frequency of arrests and
incarceration among persons with mental illness in that county.
Sec. 580.003. CRIMINAL JUSTICE MENTAL HEALTH SERVICE MODEL.
The county judge shall design and test through the pilot program a
criminal justice mental health service model oriented toward
providing short-term residential treatment in a crisis
stabilization unit that includes medical and nursing services and
reducing the recidivism and frequency of arrests and incarceration
of persons with mental illness in the Bexar County jail. The model
initially must apply the critical time intervention principle
described by Section 580.004 and must include the following
elements:
(1) medical and nursing services;
(2) low caseload management;
(3) multilevel residential services; and
(4) easy access to:
(A) integrated health, mental health, and
chemical dependency services;
(B) benefits acquisition services; and
(C) multiple rehabilitation services.
Sec. 580.004. CRITICAL TIME INTERVENTION. The pilot
program, in applying the critical time intervention principle, must
give persons with mental illness access to available social,
clinical, housing, and welfare services during the first weeks
after the person's release from jail.
Sec. 580.005. LOCAL SERVICES COORDINATION. In designing
the criminal justice mental health service model, the county judge
shall seek input from and coordinate the provision of services with
the following local entities:
(1) county or municipal law enforcement agencies;
(2) the mental health division of the office of the
district attorney of Bexar County;
(3) the Bexar County public defender;
(4) mental health courts;
(5) specially trained law enforcement crisis
intervention teams and crisis intervention response teams;
(6) providers of competency restoration services;
(7) providers of guardianship services;
(8) providers of forensic case management;
(9) providers of assertive community treatment;
(10) providers of crisis stabilization services;
(11) providers of intensive and general supportive
housing; and
(12) providers of integrated mental health and
substance abuse inpatient, outpatient, and rehabilitation
services.
Sec. 580.006. PROGRAM CAPACITY. (a) In implementing the
pilot program, the county judge shall ensure the program has the
resources to provide mental health jail diversion services to not
fewer than 400 individuals.
(b) The county judge shall endeavor to serve each year the
program operates not fewer than 400 or more than 600 individuals
cumulatively.
(c) Before the county judge implements the pilot program,
the department and the county judge jointly shall establish clear
criteria for identifying a target population to be served by the
program. The criteria must prioritize serving a target population
composed of members with the highest risks of recidivism and the
most severe mental illnesses. The county judge, in consultation
with the appropriate entities listed in Section 580.005, may adjust
the criteria established under this subsection during the operation
of the program provided the adjusted criteria are clearly
articulated.
Sec. 580.007. FINANCING THE PROGRAM. (a) The creation of
the pilot program under this chapter is contingent on the
continuing agreement of the Commissioners Court of Bexar County to
contribute to the program each year in which the program operates
services for persons with mental illness equivalent in value to
funding provided by the state for the program.
(b) It is the intent of the legislature that appropriations
made to pay for the pilot program are made in addition to and will
not reduce the amount of appropriations made in the regular funding
of a local authority for intellectual and developmental
disabilities or a local mental health authority that serves Bexar
County.
(c) The Commissioners Court of Bexar County may seek and
receive gifts and grants from federal sources, foundations,
individuals, and other sources for the benefit of the pilot
program.
Sec. 580.008. INSPECTIONS. The department may make
inspections of the operation of and provision of mental health jail
diversion services through the pilot program on behalf of the state
to ensure state money appropriated for the pilot program is used
effectively.
Sec. 580.009. REPORT. (a) Not later than December 1, 2022,
the commissioner shall evaluate and submit a report concerning the
effect of the pilot program in providing short-term residential
treatment in a crisis stabilization unit that includes medical and
nursing services and reducing recidivism and the frequency of
arrests and incarceration among persons with mental illness in
Bexar County to the governor, the lieutenant governor, the speaker
of the house of representatives, and the presiding officers of the
standing committees of the senate and house of representatives
having primary jurisdiction over health and human services issues
and over criminal justice issues.
(b) The report must include a description of the features of
the criminal justice mental health service model developed and
tested under the pilot program and the commissioner's
recommendation whether to expand use of the model statewide.
(c) In conducting the evaluation required under Subsection
(a), the commissioner shall compare the rate of recidivism in Bexar
County among persons in the target population before the date the
program is implemented in the community to the rate of recidivism
among those persons two years after the date the program is
implemented in the community and three years after the date the
program is implemented in the community. The commissioner may
include in the evaluation measures of the effectiveness of the
program related to the well-being of persons served under the
program.
Sec. 580.010. CONCLUSION; EXPIRATION. The pilot program
established under this chapter concludes and this chapter expires
September 1, 2023.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.