| 1 | 1 | | 87R11247 EAS-F |
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| 2 | 2 | | By: Campos H.B. No. 4133 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the creation of a mental health jail diversion pilot |
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| 8 | 8 | | program in Bexar County. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subtitle C, Title 7, Health and Safety Code, is |
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| 11 | 11 | | amended by adding Chapter 580 to read as follows: |
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| 12 | 12 | | CHAPTER 580. MENTAL HEALTH JAIL DIVERSION PILOT PROGRAM; BEXAR |
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| 13 | 13 | | COUNTY |
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| 14 | 14 | | Sec. 580.001. DEFINITION. In this chapter, "commission" |
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| 15 | 15 | | means the Health and Human Services Commission. |
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| 16 | 16 | | Sec. 580.002. MENTAL HEALTH JAIL DIVERSION PILOT PROGRAM. |
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| 17 | 17 | | The commission, in cooperation with the local mental health |
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| 18 | 18 | | authority that serves Bexar County, shall establish a pilot program |
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| 19 | 19 | | in Bexar County for the purpose of reducing recidivism and the |
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| 20 | 20 | | frequency of arrests and incarceration among persons with mental |
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| 21 | 21 | | illness in that county. |
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| 22 | 22 | | Sec. 580.003. CRIMINAL JUSTICE MENTAL HEALTH SERVICE MODEL. |
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| 23 | 23 | | The commission shall design and test through the pilot program a |
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| 24 | 24 | | criminal justice mental health service model oriented toward |
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| 25 | 25 | | facilitating treatment for persons with mental illness and |
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| 26 | 26 | | substance use disorders to reduce recidivism and frequency of |
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| 27 | 27 | | arrests and incarceration of persons with mental illness in Bexar |
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| 28 | 28 | | County. The pilot program must include evidence-based practices, |
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| 29 | 29 | | including: |
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| 30 | 30 | | (1) psychiatric services; |
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| 31 | 31 | | (2) substance use disorder treatments; |
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| 32 | 32 | | (3) treatment for co-occurring mental health and |
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| 33 | 33 | | substance use disorders; |
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| 34 | 34 | | (4) integrated primary care, mental health, and |
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| 35 | 35 | | chemical dependency services; |
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| 36 | 36 | | (5) motivational interviews to decrease recidivism; |
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| 37 | 37 | | (6) methods to maintain sobriety; |
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| 38 | 38 | | (7) medical detoxification services; |
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| 39 | 39 | | (8) intensive case management to address social |
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| 40 | 40 | | determinants of health; |
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| 41 | 41 | | (9) local mental health authority hospital liaison |
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| 42 | 42 | | transitional services, including case management; |
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| 43 | 43 | | (10) medication-assisted treatment; and |
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| 44 | 44 | | (11) treatment of medical issues, including through |
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| 45 | 45 | | inpatient hospitalization if necessary. |
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| 46 | 46 | | Sec. 580.004. PROGRAM EVALUATION. (a) The commission |
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| 47 | 47 | | shall evaluate the pilot program's success in providing the |
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| 48 | 48 | | evidence-based practices described by Section 580.003 to an |
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| 49 | 49 | | individual receiving treatment for incarceration diversion for a |
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| 50 | 50 | | period of 60 to 90 days. |
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| 51 | 51 | | (b) The commission shall establish clear criteria for |
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| 52 | 52 | | identifying a target population to be served by the pilot program. |
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| 53 | 53 | | The criteria must prioritize serving a target population composed |
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| 54 | 54 | | of members with the highest risk of recidivism and either a severe |
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| 55 | 55 | | mental illness, substance use disorder, or co-occurring mental |
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| 56 | 56 | | illness and substance use disorder. |
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| 57 | 57 | | Sec. 580.005. REPORT. (a) Not later than August 1, 2022, |
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| 58 | 58 | | the executive commissioner shall: |
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| 59 | 59 | | (1) evaluate and produce a report concerning the |
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| 60 | 60 | | effect that providing inpatient evaluation for periods of 60 to 90 |
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| 61 | 61 | | days has in reducing recidivism and the frequency of arrests and |
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| 62 | 62 | | incarceration among persons with mental illness in Bexar County; |
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| 63 | 63 | | and |
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| 64 | 64 | | (2) submit the report described by Subdivision (1) to |
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| 65 | 65 | | the governor, the lieutenant governor, the speaker of the house of |
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| 66 | 66 | | representatives, and the presiding officers of the standing |
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| 67 | 67 | | committees of the senate and house of representatives having |
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| 68 | 68 | | primary jurisdiction over health and human services issues and over |
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| 69 | 69 | | criminal justice issues. |
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| 70 | 70 | | (b) The report must include a detailed analysis of the |
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| 71 | 71 | | features of the criminal justice mental health service model |
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| 72 | 72 | | developed and tested under the pilot program, the effect that |
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| 73 | 73 | | providing inpatient evaluation for periods of 60 to 90 days has in |
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| 74 | 74 | | reducing recidivism and the frequency of arrests and incarceration |
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| 75 | 75 | | among persons with mental illness in Bexar County, and the |
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| 76 | 76 | | executive commissioner's recommendation on whether to expand use of |
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| 77 | 77 | | the model statewide. |
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| 78 | 78 | | Sec. 580.006. CONCLUSION; EXPIRATION. The pilot program |
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| 79 | 79 | | established under this chapter concludes and this chapter expires |
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| 80 | 80 | | September 1, 2023. |
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| 81 | 81 | | SECTION 2. This Act takes effect September 1, 2021. |
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