Texas 2021 - 87th Regular

Texas Senate Bill SB1739 Compare Versions

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1	1	By: Zaffirini S.B. No. 1739
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to procedures regarding defendants who are or may be
7	7	persons with a mental illness or intellectual disability.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Article 16.22(a)(2), Code of Criminal Procedure,
10	10	is amended to read as follows:
11	11	(2) The magistrate is not required to order the
12	12	interview and collection of other information under Subdivision (1)
13	13	if the defendant is no longer in custody or if the defendant in the
14	14	year preceding the defendant's applicable date of arrest has been
15	15	determined to have a mental illness or to be a person with an
16	16	intellectual disability by the service provider that contracts with
17	17	the jail to provide mental health or intellectual and developmental
18	18	disability services, the local mental health authority, the local
19	19	intellectual and developmental disability authority, or another
20	20	mental health or intellectual and developmental disability expert
21	21	described by Subdivision (1). A court that elects to use the
22	22	results of that previous determination may proceed under Subsection
23	23	(c).
24	24	SECTION 2. Article 17.04, Code of Criminal Procedure, is
25	25	amended to read as follows:
26	26	Art. 17.04. REQUISITES OF A PERSONAL BOND. (a) A personal
27	27	bond is sufficient if it includes the requisites of a bail bond as
28	28	set out in Article 17.08, except that no sureties are required. In
29	29	addition, a personal bond shall contain:
30	30	(1) the defendant's name, address, and place of
31	31	employment;
32	32	(2) identification information, including the
33	33	defendant's:
34	34	(A) date and place of birth;
35	35	(B) height, weight, and color of hair and eyes;
36	36	(C) driver's license number and state of
37	37	issuance, if any; and
38	38	(D) nearest relative's name and address, if any;
39	39	and
40	40	(3) except as provided by Subsection (b), the
41	41	following oath sworn and signed by the defendant:
42	42	"I swear that I will appear before (the court or magistrate)
43	43	at (address, city, county) Texas, on the (date), at the hour of
44	44	(time, a.m. or p.m.) or upon notice by the court, or pay to the court
45	45	the principal sum of (amount) plus all necessary and reasonable
46	46	expenses incurred in any arrest for failure to appear."
47	47	(b) A personal bond is not required to contain the oath
48	48	described by Subsection (a)(3) if:
49	49	(1) the magistrate makes a determination under Article
50	50	16.22 that the defendant has a mental illness or is a person with an
51	51	intellectual disability, including by using the results of a
52	52	previous determination under that article;
53	53	(2) the defendant is released on personal bond under
54	54	Article 17.032; or
55	55	(3) the defendant is found incompetent to stand trial
56	56	in accordance with Chapter 46B.
57	57	SECTION 3. Subchapter B, Chapter 45, Code of Criminal
58	58	Procedure, is amended by adding Article 45.0214 to read as follows:
59	59	Art. 45.0214. DEFENDANT WITH MENTAL ILLNESS, INTELLECTUAL
60	60	OR DEVELOPMENTAL DISABILITY, OR LACK OF CAPACITY. (a) In this
61	61	article:
62	62	(1) "Caregiver" means a person, including a guardian,
63	63	who is authorized by law, contract, or familial relationship to
64	64	provide care to another person.
65	65	(2) "Defendant" includes a child as defined by Article
66	66	45.058(h).
67	67	(b) On motion by the state, the defendant, or a person who
68	68	stands in a parental relation to the defendant or who acts as the
69	69	defendant's caregiver, or on the court's own motion, a justice or
70	70	judge shall determine whether probable cause exists to believe that
71	71	a defendant, including a defendant with a mental illness or an
72	72	intellectual or developmental disability:
73	73	(1) lacks the capacity to understand the proceedings
74	74	in criminal court or to assist in the defendant's own defense; and
75	75	(2) is unfit to proceed.
76	76	(c) If the court determines that probable cause exists for a
77	77	finding under Subsection (a), after providing notice to the state,
78	78	the court may dismiss the complaint.
79	79	(d) A dismissal of a complaint under Subsection (c) may be
80	80	appealed as provided by Article 44.01.
81	81	SECTION 4. Subchapter B, Chapter 45, Code of Criminal
82	82	Procedure, is amended by adding Article 45.0241 to read as follows:
83	83	Art. 45.0241. ACCEPTANCE OF PLEA OF GUILTY OR NOLO
84	84	CONTENDERE. Notwithstanding any other law, a justice or judge may
85	85	not accept a plea of guilty or plea of nolo contendere under Article
86	86	45.022 or 45.023(a) unless it appears that the defendant is
87	87	mentally competent and the plea is free and voluntary.
88	88	SECTION 5. Article 46B.009, Code of Criminal Procedure, is
89	89	amended to read as follows:
90	90	Art. 46B.009. TIME CREDITS. (a) A court sentencing a
91	91	person convicted of a criminal offense shall credit to the term of
92	92	the person's sentence each of the following periods for which the
93	93	person may be confined in a mental health facility, residential
94	94	care facility, or jail:
95	95	(1) any period of confinement that occurs pending a
96	96	determination under Subchapter C as to the defendant's competency
97	97	to stand trial; and
98	98	(2) any period of confinement that occurs between the
99	99	date of any initial determination of the defendant's incompetency
100	100	under that subchapter and the date the person is transported to jail
101	101	following a final judicial determination that the person has been
102	102	restored to competency.
103	103	(b) A court sentencing a person convicted of a criminal
104	104	offense shall credit to the term of the person's sentence any period
105	105	during which the person participated in an outpatient competency
106	106	restoration program.
107	107	SECTION 6. Articles 46B.0095(c) and (d), Code of Criminal
108	108	Procedure, are amended to read as follows:
109	109	(c) The cumulative period described by Subsection (a):
110	110	(1) begins on the later of:
111	111	(A) the date the initial order of commitment or
112	112	initial order for outpatient competency restoration or treatment
113	113	program participation is entered under this chapter; or
114	114	(B) the date competency restoration services
115	115	actually begin; and
116	116	(2) in addition to any inpatient or outpatient
117	117	competency restoration periods or program participation periods
118	118	described by Subsection (a), includes any time that, following the
119	119	entry of an order described by Subdivision (1)(A), the defendant is
120	120	confined in a correctional facility, as defined by Section 1.07,
121	121	Penal Code, or is otherwise in the custody of the sheriff during or
122	122	while awaiting, as applicable:
123	123	(A) the defendant's transfer to:
124	124	(i) a mental hospital or other inpatient or
125	125	residential facility; or
126	126	(ii) a jail-based competency restoration
127	127	program;
128	128	(B) the defendant's release on bail to
129	129	participate in an outpatient competency restoration or treatment
130	130	program; or
131	131	(C) a criminal trial following any temporary
132	132	restoration of the defendant's competency to stand trial.
133	133	(d) The court shall credit to the cumulative period
134	134	described by Subsection (a) any time that a defendant, following
135	135	arrest for the offense for which the defendant was to be tried, is
136	136	confined in a correctional facility, as defined by Section 1.07,
137	137	Penal Code, before the date the cumulative period begins as
138	138	described by Subsection (c) [initial order of commitment or initial
139	139	order for outpatient competency restoration or treatment program
140	140	participation is entered under this chapter].
141	141	SECTION 7. Article 46B.090, Code of Criminal Procedure, is
142	142	amended by amending Subsections (a-1), (b), (c), (f), (g), (i),
143	143	(j), (k), (l), (m), and (n) and adding Subsections (f-1), (l-1),
144	144	(l-2), and (o) to read as follows:
145	145	(a-1) If the legislature appropriates to the commission
146	146	[department] the funding necessary for the commission [department]
147	147	to operate a jail-based restoration of competency pilot program as
148	148	described by this article, the commission [department] shall
149	149	develop and implement the pilot program in one or two counties in
150	150	this state that choose to participate in the pilot program. In
151	151	developing the pilot program, the commission [department] shall
152	152	coordinate and allow for input from each participating county.
153	153	(b) The commission [department] shall contract with a
154	154	provider of jail-based competency restoration services to provide
155	155	services under the pilot program if the commission [department]
156	156	develops a pilot program under this article.
157	157	(c) The executive [Not later than November 1, 2013, the]
158	158	commissioner [of the department] shall adopt rules as necessary to
159	159	implement the pilot program. [In adopting rules under this article,
160	160	the commissioner shall specify the types of information the
161	161	department must collect during the operation of the pilot program
162	162	for use in evaluating the outcome of the pilot program.]
163	163	(f) To contract with the commission [department] under
164	164	Subsection (b), a provider of jail-based competency restoration
165	165	services must [demonstrate to the department that]:
166	166	(1) be [the provider:
167	167	[(A) has previously provided jail-based
168	168	competency restoration services for one or more years; or
169	169	[(B) is] a local mental health authority or local
170	170	behavioral health authority that is in good standing with the
171	171	commission, which may include an authority that is in good standing
172	172	with the commission and subcontracts with a provider of jail-based
173	173	competency restoration services [that has previously provided
174	174	competency restoration services]; and
175	175	(2) contract with a county or counties to develop and
176	176	implement a jail-based competency restoration program.
177	177	(f-1) The [the] provider's jail-based competency
178	178	restoration program must:
179	179	(1) through the use of a multidisciplinary treatment
180	180	team, provide jail-based competency restoration services that are:
181	181	(A) [uses a multidisciplinary treatment team to
182	182	provide clinical treatment that is:
183	183	[(i)] directed toward the specific
184	184	objective of restoring the defendant's competency to stand trial;
185	185	and
186	186	(B) [(ii)] similar to other [the clinical
187	187	treatment provided as part of a] competency restoration programs
188	188	[program at an inpatient mental health facility];
189	189	(2) employ [(B) employs] or contract [contracts] for
190	190	the services of at least one psychiatrist or psychologist;
191	191	(3) provide jail-based competency restoration
192	192	services through licensed or qualified mental health
193	193	professionals;
194	194	(4) provide [and (C) provides] weekly competency
195	195	restoration [treatment] hours commensurate to the [treatment]
196	196	hours provided as part of other [a] competency restoration programs
197	197	[program at an inpatient mental health facility];
198	198	(5) operate in the jail in a designated space that is
199	199	separate from the space used for the general population of the jail;
200	200	(6) ensure coordination of general health care;
201	201	(7) provide mental health treatment and substance use
202	202	disorder treatment to defendants, as necessary, for competency
203	203	restoration; and
204	204	(8) supply clinically appropriate psychoactive
205	205	medications for purposes of administering court-ordered medication
206	206	to defendants as applicable and in accordance with Article 46B.086
207	207	of this code or Section 574.106, Health and Safety Code
208	208	[(3) the provider is certified by a nationwide
209	209	nonprofit organization that accredits health care organizations
210	210	and programs, such as the Joint Commission on Health Care Staffing
211	211	Services, or the provider is a local mental health authority in good
212	212	standing with the department; and
213	213	[(4) the provider has a demonstrated history of
214	214	successful jail-based competency restoration outcomes or, if the
215	215	provider is a local mental health authority, a demonstrated history
216	216	of successful competency restoration outcomes].
217	217	(g) A contract under Subsection (b) must require the
218	218	designated provider to collect and submit to the commission
219	219	[department] the information specified by rules adopted under
220	220	Subsection (c).
221	221	(i) A [The] psychiatrist or psychologist for the provider
222	222	who has the qualifications described by Article 46B.022 shall
223	223	evaluate the defendant's competency and report to the court as
224	224	required by Article 46B.079 [conduct at least two full psychiatric
225	225	evaluations of the defendant during the period the defendant
226	226	receives competency restoration services in the jail. The
227	227	psychiatrist must conduct one evaluation not later than the 21st
228	228	day and one evaluation not later than the 55th day after the date
229	229	the defendant begins to participate in the pilot program. The
230	230	psychiatrist shall submit to the court a report concerning each
231	231	evaluation required under this subsection].
232	232	(j) If at any time during a defendant's participation in the
233	233	jail-based restoration of competency pilot program the
234	234	psychiatrist or psychologist for the provider determines that the
235	235	defendant has attained competency to stand trial:
236	236	(1) the psychiatrist or psychologist for the provider
237	237	shall promptly issue and send to the court a report demonstrating
238	238	that fact; and
239	239	(2) the court shall consider that report as the report
240	240	of an expert stating an opinion that the defendant has been restored
241	241	to competency for purposes of Article 46B.0755(a) or (b).
242	242	(k) If at any time during a defendant's participation in the
243	243	jail-based restoration of competency pilot program the
244	244	psychiatrist or psychologist for the provider determines that the
245	245	defendant's competency to stand trial is unlikely to be restored in
246	246	the foreseeable future:
247	247	(1) the psychiatrist or psychologist for the provider
248	248	shall promptly issue and send to the court a report demonstrating
249	249	that fact; and
250	250	(2) the court shall:
251	251	(A) proceed under Subchapter E or F and order the
252	252	transfer of the defendant, without unnecessary delay, to the first
253	253	available facility that is appropriate for that defendant, as
254	254	provided under Subchapter E or F, as applicable; or
255	255	(B) release the defendant on bail as permitted
256	256	under Chapter 17.
257	257	(l) If the psychiatrist or psychologist for the provider
258	258	determines that a defendant ordered to participate in the pilot
259	259	program has not been restored to competency by the end of the 60th
260	260	day after the date the defendant began to receive services in the
261	261	pilot program, the jail-based competency restoration program shall
262	262	continue to provide competency restoration services to the
263	263	defendant for the period authorized by this subchapter, including
264	264	any extension ordered under Article 46B.080, unless the jail-based
265	265	competency restoration program is notified that space at a facility
266	266	or outpatient competency restoration program appropriate for the
267	267	defendant is available and, as applicable:
268	268	(1) for a defendant charged with a felony, not less
269	269	than 45 days are remaining in the initial restoration period; or
270	270	(2) for a defendant charged with a felony or a
271	271	misdemeanor, an extension has been ordered under Article 46B.080
272	272	and not less than 45 days are remaining under the extension order.
273	273	(l-1) After receipt of a notice under Subsection (l), [:
274	274	[(1) for a defendant charged with a felony, the
275	275	defendant shall be transferred, without unnecessary delay and for
276	276	the remainder of the period prescribed by Article 46B.073(b), to
277	277	the first available facility that is appropriate for that defendant
278	278	as provided by Article 46B.073(c) or (d); and
279	279	[(2) for a defendant charged with a misdemeanor, the
280	280	court may:
281	281	[(A) order a single extension under Article
282	282	46B.080 and the transfer of] the defendant shall be transferred
283	283	without unnecessary delay to the appropriate mental health
284	284	facility, [or] residential care facility, or outpatient competency
285	285	restoration program [as provided by Article 46B.073(d)] for the
286	286	remainder of the period permitted by this subchapter, including any
287	287	extension ordered under Article 46B.080. If the defendant is not
288	288	transferred, and if the psychiatrist or psychologist for the
289	289	provider determines that the defendant has not been restored to
290	290	competency by the end of the period authorized by this subchapter,
291	291	the defendant shall be returned to the court for further
292	292	proceedings. For a defendant charged with a misdemeanor, the court
293	293	may:
294	294	(1) [under the extension;
295	295	[(B)] proceed under Subchapter E or F;
296	296	(2) [(C)] release the defendant on bail as permitted
297	297	under Chapter 17; or
298	298	(3) [(D)] dismiss the charges in accordance with
299	299	Article 46B.010.
300	300	(l-2) The court retains authority to order the transfer of a
301	301	defendant who is subject to an order for jail-based competency
302	302	restoration services to an outpatient competency restoration
303	303	program if:
304	304	(1) the court determines that the defendant is not a
305	305	danger to others and may be safely treated on an outpatient basis
306	306	with the specific objective of attaining competency to stand trial;
307	307	and
308	308	(2) the other requirements of this subchapter relating
309	309	to an order for outpatient competency restoration services are met.
310	310	(m) Unless otherwise provided by this article, the
311	311	provisions of this chapter, including the maximum periods
312	312	prescribed by Article 46B.0095, apply to a defendant receiving
313	313	competency restoration services, including competency restoration
314	314	education services, under the pilot program in the same manner as
315	315	those provisions apply to any other defendant who is subject to
316	316	proceedings under this chapter.
317	317	(n) If the commission [department] develops and implements
318	318	a jail-based restoration of competency pilot program under this
319	319	article, not later than December 1, 2021 [2018], the executive
320	320	commissioner [of the department] shall submit a report concerning
321	321	the pilot program to the presiding officers of the standing
322	322	committees of the senate and house of representatives having
323	323	primary jurisdiction over health and human services issues and over
324	324	criminal justice issues. The report must include the information
325	325	collected by the commission [department] during the pilot program
326	326	and the executive commissioner's evaluation of the outcome of the
327	327	program as of the date the report is submitted.
328	328	(o) This article expires September 1, 2022. After the
329	329	expiration of this article, a pilot program established under this
330	330	article may continue to operate subject to the requirements of
331	331	Article 46B.091.
332	332	SECTION 8. Article 46B.091, Code of Criminal Procedure, is
333	333	amended by amending Subsections (g) and (j) and adding Subsections
334	334	(j-1) and (m) to read as follows:
335	335	(g) A psychiatrist or psychologist for the provider who has
336	336	the qualifications described by Article 46B.022 shall evaluate the
337	337	defendant's competency and report to the court as required by
338	338	Article 46B.079 [conduct at least two full psychiatric or
339	339	psychological evaluations of the defendant during the period the
340	340	defendant receives competency restoration services in the
341	341	jail. The psychiatrist or psychologist must conduct one
342	342	evaluation not later than the 21st day and one evaluation not later
343	343	than the 55th day after the date the defendant is committed to the
344	344	program. The psychiatrist or psychologist shall submit to the
345	345	court a report concerning each evaluation required under this
346	346	subsection].
347	347	(j) If the psychiatrist or psychologist for the provider
348	348	determines that a defendant committed to a program implemented
349	349	under this article has not been restored to competency by the end of
350	350	the 60th day after the date the defendant began to receive services
351	351	in the program, the jail-based competency restoration program shall
352	352	continue to provide competency restoration services to the
353	353	defendant for the period authorized by this subchapter, including
354	354	any extension ordered under Article 46B.080, unless the jail-based
355	355	competency restoration program is notified that space at a facility
356	356	or outpatient competency restoration program appropriate for the
357	357	defendant is available and, as applicable:
358	358	(1) for a defendant charged with a felony, not less
359	359	than 45 days are remaining in the initial restoration period; or
360	360	(2) for a defendant charged with a felony or a
361	361	misdemeanor, an extension has been ordered under Article 46B.080
362	362	and not less than 45 days are remaining under the extension order.
363	363	(j-1) After receipt of a notice under Subsection (j), [the
364	364	defendant shall be transferred, without unnecessary delay and for
365	365	the remainder of the period prescribed by Article 46B.073(b), to
366	366	the first available facility that is appropriate for that defendant
367	367	as provided by Article 46B.073(c) or (d); and
368	368	[(2) for a defendant charged with a misdemeanor, the
369	369	court may:
370	370	[(A) order a single extension under Article
371	371	46B.080 and, notwithstanding Articles 46B.073(e) and (f), the
372	372	transfer of] the defendant shall be transferred without unnecessary
373	373	delay to the appropriate mental health facility, [or] residential
374	374	care facility, or outpatient competency restoration program [as
375	375	provided by Article 46B.073(d)] for the remainder of the period
376	376	permitted by this subchapter, including any extension ordered under
377	377	Article 46B.080. If the defendant is not transferred, and if the
378	378	psychiatrist or psychologist for the provider determines that the
379	379	defendant has not been restored to competency by the end of the
380	380	period authorized by this subchapter, the defendant shall be
381	381	returned to the court for further proceedings. For a defendant
382	382	charged with a misdemeanor, the court may: [under the extension;]
383	383	(1) [(B)] proceed under Subchapter E or F;
384	384	(2) [(C)] release the defendant on bail as permitted
385	385	under Chapter 17; or
386	386	(3) [(D)] dismiss the charges in accordance with
387	387	Article 46B.010.
388	388	(m) The court retains authority to order the transfer of a
389	389	defendant who is subject to an order for jail-based competency
390	390	restoration services to an outpatient competency restoration
391	391	program if:
392	392	(1) the court determines that the defendant is not a
393	393	danger to others and may be safely treated on an outpatient basis
394	394	with the specific objective of attaining competency to stand trial;
395	395	and
396	396	(2) the other requirements of this subchapter relating
397	397	to an order for outpatient competency restoration services are met.
398	398	SECTION 9. Subchapter E, Chapter 46B, Code of Criminal
399	399	Procedure, is amended by adding Article 46B.1055 to read as
400	400	follows:
401	401	Art. 46B.1055. MODIFICATION OF ORDER FOLLOWING INPATIENT
402	402	CIVIL COMMITMENT PLACEMENT. (a) This article applies to a
403	403	defendant who has been transferred under Article 46B.105 from a
404	404	maximum security unit to any facility other than a maximum security
405	405	unit.
406	406	(b) The defendant, the head of the facility to which the
407	407	defendant is committed, or the attorney representing the state may
408	408	request that the court modify an order for inpatient treatment or
409	409	residential care to order the defendant to participate in an
410	410	outpatient treatment program.
411	411	(c) If the head of the facility to which the defendant is
412	412	committed makes a request under Subsection (b), not later than the
413	413	14th day after the date of the request the court shall hold a
414	414	hearing to determine whether the court should modify the order for
415	415	inpatient treatment or residential care.
416	416	(d) If the defendant or the attorney representing the state
417	417	makes a request under Subsection (b), not later than the 14th day
418	418	after the date of the request the court shall grant the request,
419	419	deny the request, or hold a hearing on the request to determine
420	420	whether the court should modify the order for inpatient treatment
421	421	or residential care. A court is not required to hold a hearing under
422	422	this subsection unless the request and any supporting materials
423	423	provided to the court provide a basis for believing modification of
424	424	the order may be appropriate.
425	425	(e) On receipt of a request to modify an order under
426	426	Subsection (b), the court shall require the local mental health
427	427	authority or local behavioral health authority to submit to the
428	428	court, before any hearing is held under this article, a statement
429	429	regarding whether treatment and supervision for the defendant can
430	430	be safely and effectively provided on an outpatient basis and
431	431	whether appropriate outpatient mental health services are
432	432	available to the defendant.
433	433	(f) If the head of the facility to which the defendant is
434	434	committed believes that the defendant is a person with mental
435	435	illness who meets the criteria for court-ordered outpatient mental
436	436	health services under Subtitle C, Title 7, Health and Safety Code,
437	437	the head of the facility shall submit to the court before the
438	438	hearing a certificate of medical examination for mental illness
439	439	stating that the defendant meets the criteria for court-ordered
440	440	outpatient mental health services.
441	441	(g) If a request under Subsection (b) is made by a defendant
442	442	before the 91st day after the date the court makes a determination
443	443	on a previous request under that subsection, the court is not
444	444	required to act on the request until the earlier of:
445	445	(1) the expiration of the current order for inpatient
446	446	treatment or residential care; or
447	447	(2) the 91st day after the date of the court's previous
448	448	determination.
449	449	(h) Proceedings for commitment of the defendant to a
450	450	court-ordered outpatient treatment program are governed by
451	451	Subtitle C, Title 7, Health and Safety Code, to the extent that
452	452	Subtitle C applies and does not conflict with this chapter, except
453	453	that the criminal court shall conduct the proceedings regardless of
454	454	whether the criminal court is also the county court.
455	455	(i) The court shall rule on a request made under Subsection
456	456	(b) as soon as practicable after a hearing on the request, but not
457	457	later than the 14th day after the date of the request.
458	458	(j) An outpatient treatment program may not refuse to accept
459	459	a placement ordered under this article on the grounds that criminal
460	460	charges against the defendant are pending.
461	461	SECTION 10. Article 46C.102(a), Code of Criminal Procedure,
462	462	is amended to read as follows:
463	463	(a) The court may appoint qualified psychiatrists or
464	464	psychologists as experts under this chapter. To qualify for
465	465	appointment under this subchapter as an expert, a psychiatrist or
466	466	psychologist must:
467	467	(1) as appropriate, be a physician licensed in this
468	468	state or be a psychologist licensed in this state who has a doctoral
469	469	degree in psychology; and
470	470	(2) have the following certification [or experience]
471	471	or training:
472	472	(A) as appropriate, certification by:
473	473	(i) the American Board of Psychiatry and
474	474	Neurology with added or special qualifications in forensic
475	475	psychiatry; or
476	476	(ii) the American Board of Professional
477	477	Psychology in forensic psychology; or
478	478	(B) [experience or] training consisting of:
479	479	(i) at least 24 hours of specialized
480	480	forensic training relating to incompetency or insanity
481	481	evaluations; and
482	482	(ii) at least [five years of experience in
483	483	performing criminal forensic evaluations for courts; and
484	484	[(iii)] eight [or more] hours of continuing education
485	485	relating to forensic evaluations, completed in the 12 months
486	486	preceding the appointment [and documented with the court].
487	487	SECTION 11. Section 511.009(d), Government Code, is amended
488	488	to read as follows:
489	489	(d) The commission shall adopt reasonable rules and
490	490	procedures establishing minimum standards regarding the continuity
491	491	of prescription medications for the care and treatment of
492	492	prisoners. The rules and procedures shall require that:
493	493	(1) a qualified medical professional shall review as
494	494	soon as possible any prescription medication a prisoner is taking
495	495	when the prisoner is taken into custody; and
496	496	(2) a prisoner with a mental illness be provided with
497	497	each prescription medication that a qualified medical professional
498	498	or mental health professional determines is necessary for the care,
499	499	treatment, or stabilization of the prisoner.
500	500	SECTION 12. The following provisions of the Code of
501	501	Criminal Procedure are repealed:
502	502	(1) Articles 46B.090(a) and (h); and
503	503	(2) Article 46B.091(a).
504	504	SECTION 13. The change in law made by this Act to Article
505	505	17.04, Code of Criminal Procedure, applies only to a personal bond
506	506	that is executed on or after the effective date of this Act. A
507	507	personal bond executed before the effective date of this Act is
508	508	governed by the law in effect on the date the personal bond was
509	509	executed, and the former law is continued in effect for that
510	510	purpose.
511	511	SECTION 14. The change in law made by this Act to Article
512	512	46C.102(a), Code of Criminal Procedure, applies to a defendant
513	513	against whom proceedings are initiated under Chapter 46C, Code of
514	514	Criminal Procedure, before, on, or after the effective date of this
515	515	Act.
516	516	SECTION 15. Not later than December 1, 2021, the Commission
517	517	on Jail Standards shall adopt the rules and procedures required by
518	518	Section 511.009(d), Government Code, as amended by this Act.
519	519	SECTION 16. This Act takes effect September 1, 2021.