Texas Senate Bill SB2396

Texas 2019 - 86th Regular

Caption

Relating to the operation of, participation in, and effects of successful completion of a mental health court program.

Impact

The implementation of SB2396 is expected to have a significant impact on the state's criminal justice system by promoting alternatives to incarceration for individuals with mental health conditions. By allowing for the expunction of records upon successful completion of a mental health court program, the legislation aims to reduce recidivism and facilitate reintegration into society, ultimately supporting individuals in overcoming the stigma associated with criminal records. The law is positioned to encourage a more compassionate approach to mental health issues within the legal framework, benefiting not only defendants but also the wider community by potentially leading to lower incarceration rates.

Summary

SB2396 aims to enhance the operation and effectiveness of mental health court programs in Texas by providing legal frameworks for the expunction of criminal records for individuals who successfully complete such programs. The bill modifies existing provisions in the Code of Criminal Procedure and introduces new regulations to ensure that participants in mental health courts can have their records expunged, which aligns with the goals of progressing towards rehabilitation rather than punishment for defendants with mental health issues. It mandates counties with populations over 200,000 to establish these programs, thereby expanding access to mental health treatment within the judicial process.

Contention

While proponents of SB2396 praise its potential benefits for mental health treatment access and criminal justice reform, there are notable concerns regarding the funding and implementation of these programs. Critics argue that mandating counties to establish mental health courts without guaranteed state or federal financial support may lead to inconsistencies in availability and quality of services. Furthermore, there are discussions about the adequacy of training for judicial and legal professionals involved, which is essential for the success and fair administration of mental health courts. The balance between public safety and rehabilitative justice remains a contentious topic in these deliberations.