86R7137 EAS-D
By: Huffman S.B. No. 362
A BILL TO BE ENTITLED
AN ACT
relating to court-ordered mental health services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 46B, Code of Criminal Procedure, is
amended by adding Subchapter B-1 to read as follows:
SUBCHAPTER B-1. CIVIL COMMITMENT FOR OUTPATIENT MENTAL HEALTH
SERVICES: CHARGES PENDING
Art. 46B.041. OUTPATIENT MENTAL HEALTH SERVICES BEFORE
INCOMPETENCY TRIAL FOR CLASS B MISDEMEANOR. (a) This article
applies only to a defendant who is charged with an offense
punishable as a Class B misdemeanor and who the court determines is
not a danger to others and may be safely released on bail and
treated on an outpatient basis while charges remain pending.
(b) On the motion of the attorney representing the state, if
it appears based on the court's examination of the defendant under
Subchapter B that the defendant is a person with mental illness or a
person with an intellectual or developmental disability, and
subject to conditions reasonably related to ensuring public safety
and the effectiveness of the defendant's treatment, the court may
release the defendant on bail while charges against the defendant
remain pending and enter an order transferring the defendant to the
appropriate court for proceedings to commit the defendant to a
course of outpatient mental health services to occur before the
court proceeds under this chapter or with the trial of the offense.
(c) On the motion of the attorney representing the state, if
the court determines the defendant has complied with appropriate
court-ordered outpatient treatment, the court may dismiss the
charges pending against the defendant and discharge the defendant.
(d) On the motion of the attorney representing the state, if
the court determines the defendant has failed to comply with
appropriate court-ordered outpatient treatment, the court shall
proceed under this chapter or with the trial of the offense.
SECTION 2. Section 574.001, Health and Safety Code, is
amended by adding Subsection (g) to read as follows:
(g) An order transferring a criminal defendant against whom
charges have not been dismissed to the appropriate court for a
hearing on court-ordered mental health services in accordance with
Subchapter B-1, Chapter 46B, Code of Criminal Procedure, serves as
an application under this section.
SECTION 3. Sections 574.034(b) and (e), Health and Safety
Code, are amended to read as follows:
(b) The judge may order a proposed patient to receive
court-ordered temporary outpatient mental health services only if:
(1) the judge finds that appropriate mental health
services are available to the proposed patient; and
(2) the judge or jury finds, from clear and convincing
evidence, that:
(A) the proposed patient is a person with mental
illness;
(B) as a result of mental illness, the proposed
patient is unlikely to voluntarily participate in treatment that
the court determines is necessary to prevent a relapse or harmful
deterioration of the proposed patient's condition [the nature of
the mental illness is severe and persistent]; and
(C) the proposed patient has demonstrated
noncompliance with mental health treatment, as shown by one or more
of the following events having occurred during the 48 months
immediately preceding the current proceeding [as a result of the
mental illness, the proposed patient will, if not treated, continue
to]:
(i) the proposed patient was committed by a
court to receive inpatient mental health services two or more times
[suffer severe and abnormal mental, emotional, or physical
distress]; [and]
(ii) the proposed patient was incarcerated
two or more times [experience deterioration of the ability to
function independently to the extent that the proposed patient will
be unable to live safely in the community without court-ordered
outpatient mental health services]; or [and]
(iii) the proposed patient has committed
one or more acts, attempts, or threats of serious violence
[(D) the proposed patient has an inability to
participate in outpatient treatment services effectively and
voluntarily, demonstrated by:
[(i) any of the proposed patient's actions
occurring within the two-year period which immediately precedes the
hearing; or
[(ii) specific characteristics of the
proposed patient's clinical condition that make impossible a
rational and informed decision whether to submit to voluntary
outpatient treatment].
(e) To be clear and convincing under Subsection
[Subdivision] (b)(2), the evidence must include expert testimony
[and, unless waived, evidence of a recent overt act or a continuing
pattern of behavior that tends to confirm:
[(1) the proposed patient's distress;
[(2) the deterioration of ability to function
independently to the extent that the proposed patient will be
unable to live safely in the community; and
[(3) the proposed patient's inability to participate in
outpatient treatment services effectively and voluntarily].
SECTION 4. Section 574.037(c-2), Health and Safety Code, is
amended to read as follows:
(c-2) A court may[, on its own motion,] set a status
conference on a patient's failure to comply with court-ordered
outpatient services in accordance with Section 574.0665 [with the
person responsible for the services, the patient, and the patient's
attorney].
SECTION 5. Sections 574.061(a), (b), (c), (d), (e), and
(h), Health and Safety Code, are amended to read as follows:
(a) The facility administrator of a facility to which a
patient is committed for inpatient mental health services, not
later than the 30th day after the date the patient is committed to
the facility, shall provide notice to [may request] the court that
entered the commitment order stating the administrator's
recommendation regarding the appropriateness for the patient of
modifying [to modify] the order to require the patient to
participate in outpatient mental health services. At any time
during a patient's commitment to an inpatient mental health
facility after the facility administrator provides the notice
required under this subsection, the facility administrator may
recommend that the court that entered the commitment order modify
the order to require the patient to participate in outpatient
mental health services.
(b) A [The] facility administrator's recommendation under
Subsection (a) [request] must explain in detail the reason for the
recommendation [request]. The recommendation [request] must be
accompanied by a supporting certificate of medical examination for
mental illness signed by a physician who examined the patient
during the seven days preceding the recommendation [request].
(c) The patient shall be given notice of a facility
administrator's recommendation under Subsection (a) [the request].
(d) On request of the patient or any other interested
person, the court shall hold a hearing on a facility
administrator's recommendation that the court modify the
commitment order [the request]. The court shall appoint an
attorney to represent the patient at the hearing and shall consult
with the local mental health authority before issuing a decision.
The hearing shall be held before the court without a jury and as
prescribed by Section 574.031. The patient shall be represented by
an attorney and receive proper notice.
(e) If a hearing is not requested, the court may make a [the]
decision regarding a facility administrator's recommendation
solely from the recommendation [request] and the supporting
certificate.
(h) A modified order may [not] extend beyond the term of the
original order.
SECTION 6. Subchapter E, Chapter 574, Health and Safety
Code, is amended by adding Section 574.0665 to read as follows:
Sec. 574.0665. STATUS CONFERENCE ON PATIENT'S FAILURE TO
COMPLY WITH COURT-ORDERED OUTPATIENT SERVICES. A court on its own
motion may set a status conference with the patient, the patient's
attorney, and the person designated to be responsible for the
patient's court-ordered outpatient services under Section 574.037.
SECTION 7. Section 574.081, Health and Safety Code, is
amended by amending Subsections (b) and (c) and adding Subsections
(a-1) and (c-1) to read as follows:
(a-1) Subsection (a) applies to a patient scheduled to be
furloughed or discharged from an inpatient mental health facility
or a private mental health facility if the patient's treatment at
the private mental health facility is paid in whole or in part with
state money or money received by the state from the federal
government.
(b) The physician shall prepare the plan as prescribed by
commission [department] rules and shall consult the patient and the
local mental health authority in the area in which the patient will
reside before preparing the plan. [The local mental health
authority is not required to participate in preparing a plan for a
patient furloughed or discharged from a private mental health
facility.]
(c) The plan must address the patient's mental health and
physical needs, including, if appropriate:
(1) the need for outpatient mental health services
following furlough or discharge; and
(2) the need for sufficient medication on furlough or
discharge to last until the patient can see a physician[; and
[(2) the person or entity that is responsible for
providing and paying for the medication].
(c-1) Except as otherwise specified in the plan, the mental
health facility is responsible for paying for medication on
furlough or discharge sufficient to last until the patient can see a
physician.
SECTION 8. Subchapter B, Chapter 22, Government Code, is
amended by adding Section 22.1106 to read as follows:
Sec. 22.1106. JUDICIAL INSTRUCTION RELATED TO
COURT-ORDERED MENTAL HEALTH SERVICES. The court of criminal appeals
shall ensure that judicial training related to the problems of
court-ordered mental health services is provided at least once
every year. The instruction may be provided at the annual Judicial
Education Conference.
SECTION 9. Sections 574.065(e) and 574.081(h), Health and
Safety Code, are repealed.
SECTION 10. The changes in law made by this Act to Chapter
574, Health and Safety Code, apply to a commitment proceeding under
that chapter that occurs on or after the effective date of this Act,
regardless of whether conduct of a proposed patient being evaluated
for that purpose occurred before, on, or after the effective date of
this Act.
SECTION 11. The changes in law made by this Act to Chapter
46B, Code of Criminal Procedure, and Chapter 574, Health and Safety
Code, apply to a proceeding for court-ordered mental health
services that occurs on or after the effective date of this Act,
regardless of when an offense with which the defendant is charged
was committed.
SECTION 12. This Act takes effect September 1, 2019.