| 3 | 5 | | |
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| 4 | 6 | | |
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| 5 | 7 | | A BILL TO BE ENTITLED |
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| 6 | 8 | | AN ACT |
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| 7 | 9 | | relating to the administration of medication to certain persons in |
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| 8 | 10 | | the custody of a sheriff. |
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| 9 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 12 | | SECTION 1. Article 46B.0825, Code of Criminal Procedure, is |
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| 11 | 13 | | amended by adding Subsection (a-1) and amending Subsection (b) to |
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| 12 | 14 | | read as follows: |
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| 13 | 15 | | (a-1) If a defendant described by Subsection (a) is being |
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| 14 | 16 | | treated with a psychotropic medication at the time the defendant is |
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| 15 | 17 | | discharged from the facility and transferred into the sheriff's |
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| 16 | 18 | | custody, the sheriff or sheriff's deputy shall ensure that |
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| 17 | 19 | | administration of the medication continues unless directed |
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| 18 | 20 | | otherwise by the physician for the jail. The jail physician must |
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| 19 | 21 | | appropriately document the need for any discontinuation or other |
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| 20 | 22 | | change in the use or amount of medication after consulting with the |
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| 21 | 23 | | physician who treated the defendant at the facility to ensure that |
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| 22 | 24 | | the change does not adversely affect the defendant's mental health |
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| 23 | 25 | | or ability to continue with court proceedings. |
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| 24 | 26 | | (b) To the extent funds are appropriated for that purpose, a |
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| 25 | 27 | | sheriff is entitled to reimbursement from the state for providing |
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| 26 | 28 | | the medication required by this article [Subsection (a)]. |
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| 27 | 29 | | SECTION 2. Section 511.009(d), Government Code, is amended |
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| 28 | 30 | | to read as follows: |
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| 29 | 31 | | (d) The commission shall adopt reasonable rules and |
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| 30 | 32 | | procedures establishing minimum standards regarding the continuity |
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| 31 | 33 | | of prescription medications for the care and treatment of |
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| 32 | 34 | | prisoners. The rules and procedures shall require that: |
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| 33 | 35 | | (1) a qualified medical professional shall review as |
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| 34 | 36 | | soon as possible any prescription medication a prisoner is taking |
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| 35 | 37 | | when the prisoner is taken into custody; and |
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| 36 | 38 | | (2) a prisoner with a mental illness be provided with |
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| 37 | 39 | | each prescription medication that a qualified medical professional |
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| 38 | 40 | | or mental health professional determines is necessary for the care, |
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| 39 | 41 | | treatment, or stabilization of the prisoner. |
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| 40 | 42 | | SECTION 3. Article 46B.0825(c), Code of Criminal Procedure, |
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| 41 | 43 | | is repealed. |
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| 42 | 44 | | SECTION 4. Not later than December 1, 2021, the Commission |
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| 43 | 45 | | on Jail Standards shall adopt the rules and procedures required by |
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| 44 | 46 | | Section 511.009(d), Government Code, as amended by this Act. |
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| 45 | 47 | | SECTION 5. This Act takes effect September 1, 2021. |
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