Texas 2021 - 87th Regular

Texas Senate Bill SB2072 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R10641 GCB-F
2	2	By: Menéndez S.B. No. 2072
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of a mental health jail diversion pilot
8	8	program in Bexar County.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle C, Title 7, Health and Safety Code, is
11	11	amended by adding Chapter 581 to read as follows:
12	12	CHAPTER 581. MENTAL HEALTH JAIL DIVERSION PILOT PROGRAM; BEXAR
13	13	COUNTY
14	14	Sec. 581.001. DEFINITION. In this chapter, "commission"
15	15	means the Health and Human Services Commission.
16	16	Sec. 581.002. MENTAL HEALTH JAIL DIVERSION PILOT PROGRAM.
17	17	The commission, in cooperation with the local mental health
18	18	authority that serves Bexar County, shall establish a pilot program
19	19	in Bexar County for the purpose of reducing recidivism and the
20	20	frequency of arrests and incarceration among persons with mental
21	21	illness in that county.
22	22	Sec. 581.003. CRIMINAL JUSTICE MENTAL HEALTH SERVICE MODEL.
23	23	The local mental health authority that serves Bexar County shall
24	24	design and test through the pilot program a criminal justice mental
25	25	health service model oriented toward facilitating treatment for
26	26	persons with mental illness and substance use disorders to reduce
27	27	recidivism and frequency of arrests and incarceration of persons
28	28	with mental illness in Bexar County. The model must include
29	29	evidence-based practices, including:
30	30	(1) psychiatric services;
31	31	(2) substance use disorder treatments;
32	32	(3) treatment for co-occurring mental health and
33	33	substance use disorders;
34	34	(4) integrated primary care, mental health, and
35	35	chemical dependency services;
36	36	(5) motivational interviews to decrease recidivism;
37	37	(6) methods to maintain sobriety;
38	38	(7) medical detoxification services;
39	39	(8) intensive case management to address social
40	40	determinants of health;
41	41	(9) local mental health authority hospital liaison
42	42	transitional services, including case management;
43	43	(10) medication-assisted treatment; and
44	44	(11) treatment of medical issues, including through
45	45	inpatient hospitalization if necessary.
46	46	Sec. 581.004. LOCAL SERVICES COORDINATION. In designing
47	47	the criminal justice mental health service model described by
48	48	Section 581.003, the local mental health authority that serves
49	49	Bexar County shall coordinate with University of the Incarnate Word
50	50	and Southwest General Hospital. In providing services under the
51	51	pilot program, the local mental health authority shall use
52	52	personnel enrolled in established post-graduate residency training
53	53	programs through the Texas Institute of Graduate Medical Education
54	54	and Research.
55	55	Sec. 581.005. PROGRAM CAPACITY. (a) In implementing the
56	56	pilot program, the commission shall ensure the program has the
57	57	resources to provide mental health and substance use disorder
58	58	treatment for incarceration diversion services for not fewer than
59	59	10 inpatient beds and for stays of a period of 60 to 90 days.
60	60	(b) Before the commission implements the pilot program, the
61	61	commission and the local mental health authority that serves Bexar
62	62	County jointly shall establish clear criteria for identifying a
63	63	target population to be served by the program. The criteria must
64	64	prioritize serving a target population composed of members at high
65	65	risk of recidivism and with severe mental illness, substance use
66	66	disorders, or co-occurring mental illness and substance use
67	67	disorders.
68	68	Sec. 581.006. FINANCING THE PROGRAM. (a) In consultation
69	69	with the local mental health authority that serves Bexar County and
70	70	Southwest General Hospital, the commission shall pay a case rate at
71	71	the rate at which services are funded for the pilot program. The
72	72	creation of the pilot program under this chapter is contingent on
73	73	funding from the commission for persons with mental illness or
74	74	substance use disorders provided by the state for the program.
75	75	(b) It is the intent of the legislature that appropriations
76	76	made to fund the pilot program are made in addition to and will not
77	77	reduce the amount of appropriations otherwise made to the local
78	78	mental health authority that serves Bexar County.
79	79	(c) The local mental health authority that serves Bexar
80	80	County may seek and receive gifts and grants from federal sources,
81	81	foundations, individuals, and other sources for the benefit of the
82	82	pilot program.
83	83	Sec. 581.007. INSPECTIONS. The commission may make
84	84	inspections of the operation of, and provision of mental health and
85	85	substance use treatment for incarceration diversion services
86	86	through, the pilot program on behalf of the state to ensure state
87	87	funds are used effectively.
88	88	Sec. 581.008. REPORT. (a) Not later than December 1, 2022,
89	89	the executive commissioner shall evaluate and submit a report
90	90	concerning the effectiveness of the pilot program in reducing
91	91	recidivism and the frequency of arrests and incarceration of
92	92	persons with mental illness and substance use disorders in Bexar
93	93	County to the governor, the lieutenant governor, the speaker of the
94	94	house of representatives, and the presiding officers of the
95	95	standing committees of the senate and house of representatives
96	96	having primary jurisdiction over health and human services issues
97	97	and over criminal justice issues.
98	98	(b) The report must include a description of the features of
99	99	the criminal justice mental health service model designed and
100	100	tested under the pilot program and the executive commissioner's
101	101	recommendation whether to expand use of the model statewide.
102	102	(c) In conducting the evaluation required under Subsection
103	103	(a), the executive commissioner shall compare the rate of
104	104	recidivism in Bexar County among persons in the target population
105	105	before the date the pilot program is implemented in the community to
106	106	the rate of recidivism among those persons one year after the date
107	107	the program is implemented in the community. The executive
108	108	commissioner may include in the evaluation measures of the
109	109	effectiveness of the program related to the well-being of persons
110	110	served under the program.
111	111	Sec. 581.009. CONCLUSION; EXPIRATION. The pilot program
112	112	established under this chapter concludes and this chapter expires
113	113	September 1, 2023.
114	114	SECTION 2. This Act takes effect September 1, 2021.