Texas Senate Bill SB1389

Texas 2019 - 86th Regular

Caption

Relating to the period for which a person may be committed to a facility or a jail-based or outpatient program for restoration of competency.

Impact

The changes introduced by SB1389 are set to reform the way the judicial system handles competency restoration, emphasizing a quicker turnaround period for defendants. By limiting the commitment time to 60 days, proponents argue that the bill can contribute to a more efficient legal process and alleviate overcrowding in mental health facilities. However, the bill's modifications also require court personnel to handle extensions for competency restoration more judiciously, possibly putting pressure on resources and increasing the demand for timely evaluations in mental health services.

Summary

SB1389 addresses the procedures related to the commitment of individuals for the purpose of competency restoration within the Texas criminal justice system. The bill amends various articles of the Code of Criminal Procedure, specifically focusing on updating the maximum duration of such commitments. It proposes a reduction of the commitment period for defendants charged with misdemeanors from 120 days to a maximum of 60 days and retains a similar structure for felony charges, also capping the commitment to a maximum of 60 days unless an extension is requested. This move aims to ensure more timely treatment and evaluation for defendants undergoing competency restoration.

Contention

Despite the intentions behind SB1389, there are points of contention regarding the efficacy of such drastic time limits on mental health restoration for defendants. Critics argue that limiting commitment periods may undermine the quality of care provided, as some individuals may require longer for effective restoration to competency. This raises concerns about whether the justice system can adequately balance the need for swift proceedings with the necessity of comprehensive mental health treatment. Additionally, there might be consequences for defendants who may not fully benefit from the restoration programs due to these constraints.