Texas 2021 - 87th Regular

Texas House Bill HB3621 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	87R18316 GCB-F
2		-	By: Cortez, Martinez Fischer H.B. No. 3621
3		-	Substitute the following for H.B. No. 3621:
4		-	By: Murr C.S.H.B. No. 3621
	1	+	87R10641 GCB-F
	2	+	By: Cortez H.B. No. 3621
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the creation of a mental health jail diversion pilot
10	8		program in Bexar County.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Subtitle C, Title 7, Health and Safety Code, is
13	11		amended by adding Chapter 581 to read as follows:
14	12		CHAPTER 581. MENTAL HEALTH JAIL DIVERSION PILOT PROGRAM; BEXAR
15	13		COUNTY
16	14		Sec. 581.001. DEFINITION. In this chapter, "commission"
17	15		means the Health and Human Services Commission.
18	16		Sec. 581.002. MENTAL HEALTH JAIL DIVERSION PILOT PROGRAM.
19	17		The commission, in cooperation with the local mental health
20	18		authority that serves Bexar County, shall establish a pilot program
21	19		in Bexar County for the purpose of reducing recidivism and the
22		-	frequency of arrests~~, incarceration,~~ and ~~emergency detentions~~
23		-	~~among persons with mental~~ illness in that county.
	20	+	frequency of arrests and incarceration among persons with mental
	21	+	illness in that county.
24	22		Sec. 581.003. CRIMINAL JUSTICE MENTAL HEALTH SERVICE MODEL.
25	23		The local mental health authority that serves Bexar County shall
26	24		design and test through the pilot program a criminal justice mental
27	25		health service model oriented toward facilitating treatment for
28	26		persons with mental illness and substance use disorders to reduce
29		-	recidivism and the frequency of arrests, incarceration, and
30		-	emergency detentions among persons with mental illness in Bexar
31		-	County. The model must include evidence-based practices,
32		-	including:
	27	+	recidivism and frequency of arrests and incarceration of persons
	28	+	with mental illness in Bexar County. The model must include
	29	+	evidence-based practices, including:
33	30		(1) psychiatric services;
34	31		(2) substance use disorder treatments;
35	32		(3) treatment for co-occurring mental health and
36	33		substance use disorders;
37	34		(4) integrated primary care, mental health, and
38	35		chemical dependency services;
39	36		(5) motivational interviews to decrease recidivism;
40	37		(6) methods to maintain sobriety;
41	38		(7) medical detoxification services;
42	39		(8) intensive case management to address social
43	40		determinants of health;
44	41		(9) local mental health authority hospital liaison
45	42		transitional services, including case management;
46	43		(10) medication-assisted treatment; and
47	44		(11) treatment of medical issues, including through
48	45		inpatient hospitalization if necessary.
49	46		Sec. 581.004. LOCAL SERVICES COORDINATION. In designing
50	47		the criminal justice mental health service model described by
51	48		Section 581.003, the local mental health authority that serves
52	49		Bexar County shall coordinate with University of the Incarnate Word
53	50		and Southwest General Hospital. In providing services under the
54	51		pilot program, the local mental health authority shall use
55	52		personnel enrolled in established post-graduate residency training
56	53		programs through the Texas Institute of Graduate Medical Education
57		-	and Research. For the purpose of the report required under Section
58		-	581.008 the local mental health authority shall:
59		-	(1) collaborate with the South Texas Crisis
60		-	Collaborative to collect and analyze information regarding rates of
61		-	recidivism and the frequency of arrests, incarceration, and
62		-	emergency detentions among persons served through the pilot
63		-	program; and
64		-	(2) provide the information and analysis described by
65		-	Subdivision (1) to the commission.
	54	+	and Research.
66	55		Sec. 581.005. PROGRAM CAPACITY. (a) In implementing the
67	56		pilot program, the commission shall ensure the program has the
68	57		resources to provide mental health and substance use disorder
69	58		treatment for incarceration diversion services for not fewer than
70	59		10 inpatient beds and for stays of a period of 60 to 90 days.
71	60		(b) Before the commission implements the pilot program, the
72	61		commission and the local mental health authority that serves Bexar
73	62		County jointly shall establish clear criteria for identifying a
74	63		target population to be served by the program. The criteria must
75	64		prioritize serving a target population composed of members at high
76	65		risk of recidivism and with severe mental illness, substance use
77	66		disorders, or co-occurring mental illness and substance use
78	67		disorders.
79	68		Sec. 581.006. FINANCING THE PROGRAM. (a) In consultation
80	69		with the local mental health authority that serves Bexar County and
81	70		Southwest General Hospital, the commission shall pay a case rate at
82	71		the rate at which services are funded for the pilot program. The
83	72		creation of the pilot program under this chapter is contingent on
84	73		funding from the commission for persons with mental illness or
85	74		substance use disorders provided by the state for the program.
86	75		(b) It is the intent of the legislature that appropriations
87	76		made to fund the pilot program are made in addition to and will not
88	77		reduce the amount of appropriations otherwise made to the local
89	78		mental health authority that serves Bexar County.
90	79		(c) The local mental health authority that serves Bexar
91	80		County may seek and receive gifts and grants from federal sources,
92	81		foundations, individuals, and other sources for the benefit of the
93	82		pilot program.
94	83		Sec. 581.007. INSPECTIONS. The commission may make
95	84		inspections of the operation of, and provision of mental health and
96	85		substance use treatment for incarceration diversion services
97	86		through, the pilot program on behalf of the state to ensure state
98	87		funds are used effectively.
99	88		Sec. 581.008. REPORT. (a) Not later than December 1, 2022,
100	89		the executive commissioner shall evaluate and submit a report
101	90		concerning the effectiveness of the pilot program in reducing
102		-	recidivism and the frequency of arrests, incarceration~~, and~~
103		-	~~emergency detentions among~~ persons with mental illness and
104		-	~~substance use disorders in Bexar~~ County to the governor, the
105		-	~~lieutenant governor, the speaker of the~~ house of representatives,
106		-	~~and the presiding officers of the~~ standing committees of the senate
107		-	~~and house of representatives~~ having primary jurisdiction over
108		-	~~health and human services issues~~ and over criminal justice issues.
	91	+	recidivism and the frequency of arrests and incarceration of
	92	+	persons with mental illness and substance use disorders in Bexar
	93	+	County to the governor, the lieutenant governor, the speaker of the
	94	+	house of representatives, and the presiding officers of the
	95	+	standing committees of the senate and house of representatives
	96	+	having primary jurisdiction over health and human services issues
	97	+	and over criminal justice issues.
109	98		(b) The report must include a description of the features of
110	99		the criminal justice mental health service model designed and
111	100		tested under the pilot program and the executive commissioner's
112	101		recommendation whether to expand use of the model statewide.
113	102		(c) In conducting the evaluation required under Subsection
114		-	(a), the executive commissioner, using the information and analysis
115		-	provided by the local mental health authority that serves Bexar
116		-	County and the South Texas Crisis Collaborative, shall compare the
117		-	rate of recidivism in Bexar County among persons in the target
118		-	population before the date the pilot program is implemented in the
119		-	community to the rate of recidivism among those persons one year
120		-	after the date the program is implemented in the community. The
121		-	executive commissioner may include in the evaluation measures of
122		-	the effectiveness of the program related to the well-being of
123		-	persons served under the program.
	103	+	(a), the executive commissioner shall compare the rate of
	104	+	recidivism in Bexar County among persons in the target population
	105	+	before the date the pilot program is implemented in the community to
	106	+	the rate of recidivism among those persons one year after the date
	107	+	the program is implemented in the community. The executive
	108	+	commissioner may include in the evaluation measures of the
	109	+	effectiveness of the program related to the well-being of persons
	110	+	served under the program.
124	111		Sec. 581.009. CONCLUSION; EXPIRATION. The pilot program
125	112		established under this chapter concludes and this chapter expires
126	113		September 1, 2023.
127	114		SECTION 2. This Act takes effect September 1, 2021.