86R31010 GCB-F
By: Zaffirini, et al. S.B. No. 562
(Price, Collier)
Substitute the following for S.B. No. 562: No.
A BILL TO BE ENTITLED
AN ACT
relating to criminal or juvenile procedures regarding persons who
are or may be persons with a mental illness or intellectual
disability.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 8(a), Article 42.09, Code of Criminal
Procedure, is amended to read as follows:
(a) A county that transfers a defendant to the Texas
Department of Criminal Justice under this article shall deliver to
an officer designated by the department:
(1) a copy of the judgment entered pursuant to Article
42.01, completed on a standardized felony judgment form described
by Section 4 of that article;
(2) a copy of any order revoking community supervision
and imposing sentence pursuant to Article 42A.755, including:
(A) any amounts owed for restitution, fines, and
court costs, completed on a standardized felony judgment form
described by Section 4, Article 42.01; and
(B) a copy of the client supervision plan
prepared for the defendant by the community supervision and
corrections department supervising the defendant, if such a plan
was prepared;
(3) a written report that states the nature and the
seriousness of each offense and that states the citation to the
provision or provisions of the Penal Code or other law under which
the defendant was convicted;
(4) a copy of the victim impact statement, if one has
been prepared in the case under Article 56.03;
(5) a statement as to whether there was a change in
venue in the case and, if so, the names of the county prosecuting
the offense and the county in which the case was tried;
(6) if requested, information regarding the criminal
history of the defendant, including the defendant's state
identification number if the number has been issued;
(7) a copy of the indictment or information for each
offense;
(8) a checklist sent by the department to the county
and completed by the county in a manner indicating that the
documents required by this subsection and Subsection (c) accompany
the defendant;
(9) if prepared, a copy of a presentence or
postsentence report prepared under Subchapter F, Chapter 42A;
(10) a copy of any detainer, issued by an agency of the
federal government, that is in the possession of the county and that
has been placed on the defendant;
(11) if prepared, a copy of the defendant's Texas
Uniform Health Status Update Form; [and]
(12) a written description of a hold or warrant,
issued by any other jurisdiction, that the county is aware of and
that has been placed on or issued for the defendant; and
(13) a copy of any mental health records, mental
health screening reports, or similar information regarding the
mental health of the defendant.
SECTION 2. Article 46B.001, Code of Criminal Procedure, is
amended to read as follows:
Art. 46B.001. DEFINITIONS. In this chapter:
(1) "Adaptive behavior" means the effectiveness with
or degree to which a person meets the standards of personal
independence and social responsibility expected of the person's age
and cultural group.
(2) "Commission" means the Health and Human Services
Commission.
(3) "Competency restoration" means the treatment or
education process for restoring a person's ability to consult with
the person's attorney with a reasonable degree of rational
understanding, including a rational and factual understanding of
the court proceedings and charges against the person.
(4) "Developmental period" means the period of a
person's life from birth through 17 years of age.
(5) "Electronic broadcast system" means a two-way
electronic communication of image and sound between the defendant
and the court and includes secure Internet videoconferencing.
(6) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
(7) "Inpatient mental health facility" has the meaning
assigned by Section 571.003, Health and Safety Code.
(8) [(2)] "Intellectual disability" means
significantly subaverage general intellectual functioning that is
concurrent with deficits in adaptive behavior and originates during
the developmental period [has the meaning assigned by Section
591.003, Health and Safety Code].
(9) [(3)] "Local mental health authority" has the
meaning assigned by Section 571.003, Health and Safety Code.
(10) [(4)] "Local intellectual and developmental
disability authority" has the meaning assigned by Section 531.002,
Health and Safety Code.
(11) [(5)] "Mental health facility" has the meaning
assigned by Section 571.003, Health and Safety Code.
(12) [(6)] "Mental illness" means an illness,
disease, or condition, other than epilepsy, dementia, substance
abuse, or intellectual disability, that grossly impairs:
(A) a person's thought, perception of reality,
emotional process, or judgment; or
(B) behavior as demonstrated by recent disturbed
behavior [has the meaning assigned by Section 571.003, Health and
Safety Code].
(13) [(7)] "Residential care facility" has the
meaning assigned by Section 591.003, Health and Safety Code.
(14) "Subaverage general intellectual functioning"
means a measured intelligence two or more standard deviations below
the age-group mean, using a standardized psychometric instrument.
[(8) "Electronic broadcast system" means a two-way
electronic communication of image and sound between the defendant
and the court and includes secure Internet videoconferencing.
[(9) "Competency restoration" means the treatment or
education process for restoring a person's ability to consult with
the person's attorney with a reasonable degree of rational
understanding, including a rational and factual understanding of
the court proceedings and charges against the person.]
SECTION 3. Subchapter A, Chapter 46B, Code of Criminal
Procedure, is amended by adding Article 46B.0021 to read as
follows:
Art. 46B.0021. FACILITY DESIGNATION. The commission may
designate for the commitment of a defendant under this chapter only
a facility operated by the commission or under a contract with the
commission for that purpose.
SECTION 4. Article 46B.073(c), Code of Criminal Procedure,
is amended to read as follows:
(c) If the defendant is charged with an offense listed in
Article 17.032(a)[, other than an offense under Section
22.01(a)(1), Penal Code,] or if the indictment alleges an
affirmative finding under Article 42A.054(c) or (d), the court
shall enter an order committing the defendant for competency
restoration services to a [the maximum security unit of any]
facility designated by the commission [Department of State Health
Services, to an agency of the United States operating a mental
hospital, or to a Department of Veterans Affairs hospital].
SECTION 5. Subchapter D, Chapter 46B, Code of Criminal
Procedure, is amended by adding Article 46B.0831 to read as
follows:
Art. 46B.0831. DETERMINATION WHETHER DEFENDANT IS
MANIFESTLY DANGEROUS. A defendant committed to a maximum security
unit by the commission may be assessed, at any time before the
defendant is restored to competency, by the review board
established under Section 46B.105 to determine whether the
defendant is manifestly dangerous. If the review board determines
the defendant is not manifestly dangerous, the commission shall
transfer the defendant to a non-maximum security facility
designated by the commission.
SECTION 6. Article 46B.104, Code of Criminal Procedure, is
amended to read as follows:
Art. 46B.104. CIVIL COMMITMENT PLACEMENT: FINDING OF
VIOLENCE. A defendant committed to a facility as a result of
proceedings initiated under this chapter shall be committed to the
[maximum security unit of any] facility designated by the
commission [Department of State Health Services] if:
(1) the defendant is charged with an offense listed in
Article 17.032(a)[, other than an offense listed in Article
17.032(a)(6)]; or
(2) the indictment charging the offense alleges an
affirmative finding under Article 42A.054(c) or (d).
SECTION 7. Articles 46B.105(a), (b), and (e), Code of
Criminal Procedure, are amended to read as follows:
(a) Unless a defendant committed to a maximum security unit
by the commission is determined to be manifestly dangerous by a
review board established under Subsection (b), not later than the
60th day after the date the defendant arrives at the maximum
security unit, the defendant shall be transferred to:
(1) a unit of an inpatient mental health facility
other than a maximum security unit;
(2) a residential care facility; or
(3) a program designated by a local mental health
authority or a local intellectual and developmental disability
authority.
(b) The executive commissioner [of state health services]
shall appoint a review board of five members, including one
psychiatrist licensed to practice medicine in this state and two
persons who work directly with persons with mental illness or an
intellectual disability, to determine whether the defendant is
manifestly dangerous and, as a result of the danger the defendant
presents, requires continued placement in a maximum security unit.
(e) If the superintendent of the facility at which the
maximum security unit is located disagrees with the determination,
the matter shall be referred to the executive commissioner [of
state health services]. The executive commissioner shall decide
whether the defendant is manifestly dangerous.
SECTION 8. Article 46B.106(a), Code of Criminal Procedure,
is amended to read as follows:
(a) A defendant committed to a facility as a result of the
proceedings initiated under this chapter, other than a defendant
described by Article 46B.104, shall be committed to:
(1) a facility designated by the commission
[Department of State Health Services or the Department of Aging and
Disability Services, as appropriate]; or
(2) an outpatient treatment program.
SECTION 9. Articles 46B.107(a) and (d), Code of Criminal
Procedure, are amended to read as follows:
(a) The release of a defendant committed under this chapter
from the commission [Department of State Health Services, the
Department of Aging and Disability Services], an outpatient
treatment program, or another facility is subject to disapproval by
the committing court if the court or the attorney representing the
state has notified the head of the facility or outpatient treatment
provider, as applicable, to which the defendant has been committed
that a criminal charge remains pending against the defendant.
(d) The court shall, on receiving notice from the head of a
facility or outpatient treatment provider of intent to release the
defendant under Subsection (b) [may, on motion of the attorney
representing the state or on its own motion], hold a hearing to
determine whether release is appropriate under the applicable
criteria in Subtitle C or D, Title 7, Health and Safety Code. The
court may, on motion of the attorney representing the state or on
its own motion, hold a hearing to determine whether release is
appropriate under the applicable criteria in Subtitle C or D, Title
7, Health and Safety Code, regardless of whether the court receives
notice that the head of a facility or outpatient treatment provider
provides notice of intent to release the defendant under Subsection
(b). The court may conduct the hearing:
(1) at the facility; or
(2) by means of an electronic broadcast system as
provided by Article 46B.013.
SECTION 10. Article 46B.151(c), Code of Criminal Procedure,
is amended to read as follows:
(c) Notwithstanding Subsection (b), a defendant placed in a
facility of the commission [Department of State Health Services or
the Department of Aging and Disability Services] pending civil
hearing under this article may be detained in that facility only
with the consent of the head of the facility and pursuant to an
order of protective custody issued under Subtitle C, Title 7,
Health and Safety Code.
SECTION 11. Articles 46C.001(1) and (2), Code of Criminal
Procedure, are amended to read as follows:
(1) "Commission" means the Health and Human Services
Commission ["Commissioner" means the commissioner of state health
services].
(2) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission
["Department" means the Department of State Health Services].
SECTION 12. Subchapter A, Chapter 46C, Code of Criminal
Procedure, is amended by adding Article 46C.0011 to read as
follows:
Art. 46C.0011. FACILITY DESIGNATION. The commission may
designate for the commitment of a defendant under this chapter only
a facility operated by the commission or under a contract with the
commission for that purpose.
SECTION 13. Article 46C.104, Code of Criminal Procedure, is
amended to read as follows:
Art. 46C.104. ORDER COMPELLING DEFENDANT TO SUBMIT TO
EXAMINATION. (a) For the purposes described by this chapter, the
court may order any defendant to submit to examination, including a
defendant who is free on bail. If the defendant fails or refuses to
submit to examination, the court may order the defendant to custody
for examination for a reasonable period not to exceed 21
days. Custody ordered by the court under this subsection may
include custody at a facility operated by the commission
[department].
(b) If a defendant who has been ordered to a facility
operated by the commission [department] for examination remains in
the facility for a period that exceeds 21 days, the head of that
facility shall cause the defendant to be immediately transported to
the committing court and placed in the custody of the sheriff of the
county in which the committing court is located. That county shall
reimburse the facility for the mileage and per diem expenses of the
personnel required to transport the defendant, calculated in
accordance with the state travel rules in effect at that time.
(c) The court may not order a defendant to a facility
operated by the commission [department] for examination without the
consent of the head of that facility.
SECTION 14. Article 46C.106(b), Code of Criminal Procedure,
is amended to read as follows:
(b) The county in which the indictment was returned or
information was filed shall reimburse a facility operated by the
commission [department] that accepts a defendant for examination
under this subchapter for expenses incurred that are determined by
the commission [department] to be reasonably necessary and
incidental to the proper examination of the defendant.
SECTION 15. Article 46C.160(b), Code of Criminal Procedure,
is amended to read as follows:
(b) The court may order a defendant detained in a facility
of the commission [department or a facility of the Department of
Aging and Disability Services] under this article only with the
consent of the head of the facility.
SECTION 16. Article 46C.202(a), Code of Criminal Procedure,
is amended to read as follows:
(a) Notwithstanding Article 46C.201(b), a person placed in
a commission [department] facility [or a facility of the Department
of Aging and Disability Services] pending civil hearing as
described by that subsection may be detained only with the consent
of the head of the facility and under an Order of Protective Custody
issued under Subtitle C or D, Title 7, Health and Safety Code.
SECTION 17. Articles 46C.251(a) and (b), Code of Criminal
Procedure, are amended to read as follows:
(a) The court shall order the acquitted person to be
committed for evaluation of the person's present mental condition
and for treatment to the [maximum security unit of any] facility
designated by the commission [department]. The period of
commitment under this article may not exceed 30 days.
(b) The court shall order that:
(1) a transcript of all medical testimony received in
the criminal proceeding be prepared as soon as possible by the court
reporter and the transcript be forwarded to the facility to which
the acquitted person is committed; and
(2) the following information be forwarded to the
facility and[, as applicable,] to the commission [department or the
Department of Aging and Disability Services]:
(A) the complete name, race, and gender of the
person;
(B) any known identifying number of the person,
including social security number, driver's license number, or state
identification number;
(C) the person's date of birth; and
(D) the offense of which the person was found not
guilty by reason of insanity and a statement of the facts and
circumstances surrounding the alleged offense.
SECTION 18. Article 46C.260, Code of Criminal Procedure, is
amended to read as follows:
Art. 46C.260. TRANSFER OF COMMITTED PERSON TO NON-MAXIMUM
SECURITY [NONSECURE] FACILITY. (a) A person committed to a
facility under this subchapter shall be committed to a [the maximum
security unit of any] facility designated by the commission
[department].
(b) A person committed under this subchapter shall be
transferred to the designated facility [maximum security unit]
immediately on the entry of the order of commitment.
(c) Unless a [the] person committed to a maximum security
unit by the commission is determined to be manifestly dangerous by a
review board under this article [within the department], not later
than the 60th day following the date of the person's arrival at the
maximum security unit the person shall be transferred to a
non-maximum security [nonsecure] unit of a facility designated by
the commission [department or the Department of Aging and
Disability Services, as appropriate].
(d) The executive commissioner shall appoint a review board
of five members, including one psychiatrist licensed to practice
medicine in this state and two persons who work directly with
persons with mental illnesses or with mental retardation, to
determine whether the person is manifestly dangerous and, as a
result of the danger the person presents, requires continued
placement in a maximum security unit.
(e) If the head of the facility at which the maximum
security unit is located disagrees with the determination, then the
matter shall be referred to the executive commissioner. The
executive commissioner shall decide whether the person is
manifestly dangerous.
SECTION 19. Section 532.013(a), Health and Safety Code, is
amended to read as follows:
(a) In this section:
(1) "Forensic patient" means a person with mental
illness or a person with an intellectual disability who is:
(A) examined on the issue of competency to stand
trial by an expert appointed under Subchapter B, Chapter 46B, Code
of Criminal Procedure;
(B) found incompetent to stand trial under
Subchapter C, Chapter 46B, Code of Criminal Procedure;
(C) committed to court-ordered mental health
services under Subchapter E, Chapter 46B, Code of Criminal
Procedure; [or]
(D) found not guilty by reason of insanity under
Chapter 46C, Code of Criminal Procedure;
(E) examined on the issue of fitness to proceed
with juvenile court proceedings by an expert appointed under
Chapter 51, Family Code; or
(F) found unfit to proceed under Subchapter C,
Chapter 55, Family Code.
(2) "Forensic services" means a competency
examination, competency restoration services, or mental health or
intellectual disability services provided to a current or former
forensic patient in the community or at a department facility.
SECTION 20. This Act applies only to a proceeding under the
Code of Criminal Procedure that begins on or after the effective
date of this Act, regardless of when the defendant committed the
underlying offense for which the defendant became subject to the
proceeding. A proceeding that begins before the effective date of
this Act is governed by the law in effect on the date the proceeding
began, and the former law is continued in effect for that purpose.
SECTION 21. 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.