87R18316 GCB-F
By: Cortez, Martinez Fischer H.B. No. 3621
Substitute the following for H.B. No. 3621:
By: Murr C.S.H.B. No. 3621
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a mental health jail diversion pilot
program in Bexar County.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 7, Health and Safety Code, is
amended by adding Chapter 581 to read as follows:
CHAPTER 581. MENTAL HEALTH JAIL DIVERSION PILOT PROGRAM; BEXAR
COUNTY
Sec. 581.001. DEFINITION. In this chapter, "commission"
means the Health and Human Services Commission.
Sec. 581.002. MENTAL HEALTH JAIL DIVERSION PILOT PROGRAM.
The commission, in cooperation with the local mental health
authority that serves Bexar County, shall establish a pilot program
in Bexar County for the purpose of reducing recidivism and the
frequency of arrests, incarceration, and emergency detentions
among persons with mental illness in that county.
Sec. 581.003. CRIMINAL JUSTICE MENTAL HEALTH SERVICE MODEL.
The local mental health authority that serves Bexar County shall
design and test through the pilot program a criminal justice mental
health service model oriented toward facilitating treatment for
persons with mental illness and substance use disorders to reduce
recidivism and the frequency of arrests, incarceration, and
emergency detentions among persons with mental illness in Bexar
County. The model must include evidence-based practices,
including:
(1) psychiatric services;
(2) substance use disorder treatments;
(3) treatment for co-occurring mental health and
substance use disorders;
(4) integrated primary care, mental health, and
chemical dependency services;
(5) motivational interviews to decrease recidivism;
(6) methods to maintain sobriety;
(7) medical detoxification services;
(8) intensive case management to address social
determinants of health;
(9) local mental health authority hospital liaison
transitional services, including case management;
(10) medication-assisted treatment; and
(11) treatment of medical issues, including through
inpatient hospitalization if necessary.
Sec. 581.004. LOCAL SERVICES COORDINATION. In designing
the criminal justice mental health service model described by
Section 581.003, the local mental health authority that serves
Bexar County shall coordinate with University of the Incarnate Word
and Southwest General Hospital. In providing services under the
pilot program, the local mental health authority shall use
personnel enrolled in established post-graduate residency training
programs through the Texas Institute of Graduate Medical Education
and Research. For the purpose of the report required under Section
581.008 the local mental health authority shall:
(1) collaborate with the South Texas Crisis
Collaborative to collect and analyze information regarding rates of
recidivism and the frequency of arrests, incarceration, and
emergency detentions among persons served through the pilot
program; and
(2) provide the information and analysis described by
Subdivision (1) to the commission.
Sec. 581.005. PROGRAM CAPACITY. (a) In implementing the
pilot program, the commission shall ensure the program has the
resources to provide mental health and substance use disorder
treatment for incarceration diversion services for not fewer than
10 inpatient beds and for stays of a period of 60 to 90 days.
(b) Before the commission implements the pilot program, the
commission and the local mental health authority that serves Bexar
County jointly shall establish clear criteria for identifying a
target population to be served by the program. The criteria must
prioritize serving a target population composed of members at high
risk of recidivism and with severe mental illness, substance use
disorders, or co-occurring mental illness and substance use
disorders.
Sec. 581.006. FINANCING THE PROGRAM. (a) In consultation
with the local mental health authority that serves Bexar County and
Southwest General Hospital, the commission shall pay a case rate at
the rate at which services are funded for the pilot program. The
creation of the pilot program under this chapter is contingent on
funding from the commission for persons with mental illness or
substance use disorders provided by the state for the program.
(b) It is the intent of the legislature that appropriations
made to fund the pilot program are made in addition to and will not
reduce the amount of appropriations otherwise made to the local
mental health authority that serves Bexar County.
(c) The local mental health authority that serves Bexar
County may seek and receive gifts and grants from federal sources,
foundations, individuals, and other sources for the benefit of the
pilot program.
Sec. 581.007. INSPECTIONS. The commission may make
inspections of the operation of, and provision of mental health and
substance use treatment for incarceration diversion services
through, the pilot program on behalf of the state to ensure state
funds are used effectively.
Sec. 581.008. REPORT. (a) Not later than December 1, 2022,
the executive commissioner shall evaluate and submit a report
concerning the effectiveness of the pilot program in reducing
recidivism and the frequency of arrests, incarceration, and
emergency detentions among persons with mental illness and
substance use disorders in Bexar County to the governor, the
lieutenant governor, the speaker of the house of representatives,
and the presiding officers of the standing committees of the senate
and house of representatives having primary jurisdiction over
health and human services issues and over criminal justice issues.
(b) The report must include a description of the features of
the criminal justice mental health service model designed and
tested under the pilot program and the executive commissioner's
recommendation whether to expand use of the model statewide.
(c) In conducting the evaluation required under Subsection
(a), the executive commissioner, using the information and analysis
provided by the local mental health authority that serves Bexar
County and the South Texas Crisis Collaborative, shall compare the
rate of recidivism in Bexar County among persons in the target
population before the date the pilot program is implemented in the
community to the rate of recidivism among those persons one year
after the date the program is implemented in the community. The
executive commissioner may include in the evaluation measures of
the effectiveness of the program related to the well-being of
persons served under the program.
Sec. 581.009. CONCLUSION; EXPIRATION. The pilot program
established under this chapter concludes and this chapter expires
September 1, 2023.
SECTION 2. This Act takes effect September 1, 2021.