LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 88TH LEGISLATIVE REGULAR SESSION March 20, 2023 TO: Honorable Abel Herrero, Chair, House Committee on Corrections FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB479 by Hinojosa (Relating to the period for transporting a criminal defendant who is found incompetent to stand trial to a facility for competency restoration services.), As Introduced The fiscal implications of the bill cannot be determined due to an unknown number of additional defendants found to be incompetent to stand trial who would require additional services. The bill would have an uncertain but significant effect on the mental health state hospital system and other competency restoration services in the state operated or funded by the Health and Human Services Commission. The bill would require a defendant who is found incompetent to stand trial, committed to a facility providing competency restoration services, and placed in the custody of a sheriff or sheriff's deputy to be transported to the facility providing competency restoration services not later than the 21st day following the date the court ordered the commitment. If the competency restoration facility does not have available space at the time transport is required, the court would be required to commit the defendant to another competency restoration facility or a jail-based competency restoration program.The fiscal implications of the bill cannot be determined at this time because the number of additional defendants found to be incompetent to stand trial who would require additional services is not known. The bill would have an uncertain but significant effect on the mental health state hospital system and other competency restoration services in the state operated or funded by the Health and Human Services Commission (HHSC). The bill would require the state hospital system to make modifications to its admissions process to prioritize an uncertain amount of new admissions related to competency restoration over walk-ins, civil commitments, and the existing competency restoration waitlist. To address a significant increase in admissions due to the bill, HHSC would require additional funding for state hospital staff, contracts with additional facilities for supplemental competency restoration beds, jail-based competency restoration services, and/or construction and operational costs for new competency restoration beds. In addition, the bill does not clarify who would be responsible for the transport of defendants or provide limitations on distance or catchment areas to find an available facility. Costs for transport could be significant. Local Government ImpactThe fiscal implications of the bill cannot be determined at this time. The bill would have an uncertain effect on local mental and behavioral health authorities who provide or fund competency restoration services. Source Agencies: b > td > 212 Office of Court Administration, Texas Judicial Council, 405 Department of Public Safety, 529 Health and Human Services Commission, 696 Department of Criminal Justice LBB Staff: b > td > JMc, DDel, ER, NDA, NV, KFB, DA
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 88TH LEGISLATIVE REGULAR SESSION
March 20, 2023
TO: Honorable Abel Herrero, Chair, House Committee on Corrections FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB479 by Hinojosa (Relating to the period for transporting a criminal defendant who is found incompetent to stand trial to a facility for competency restoration services.), As Introduced
TO: Honorable Abel Herrero, Chair, House Committee on Corrections
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: HB479 by Hinojosa (Relating to the period for transporting a criminal defendant who is found incompetent to stand trial to a facility for competency restoration services.), As Introduced
Honorable Abel Herrero, Chair, House Committee on Corrections
Honorable Abel Herrero, Chair, House Committee on Corrections
Jerry McGinty, Director, Legislative Budget Board
Jerry McGinty, Director, Legislative Budget Board
HB479 by Hinojosa (Relating to the period for transporting a criminal defendant who is found incompetent to stand trial to a facility for competency restoration services.), As Introduced
HB479 by Hinojosa (Relating to the period for transporting a criminal defendant who is found incompetent to stand trial to a facility for competency restoration services.), As Introduced
The fiscal implications of the bill cannot be determined due to an unknown number of additional defendants found to be incompetent to stand trial who would require additional services. The bill would have an uncertain but significant effect on the mental health state hospital system and other competency restoration services in the state operated or funded by the Health and Human Services Commission.
The fiscal implications of the bill cannot be determined due to an unknown number of additional defendants found to be incompetent to stand trial who would require additional services. The bill would have an uncertain but significant effect on the mental health state hospital system and other competency restoration services in the state operated or funded by the Health and Human Services Commission.
The bill would require a defendant who is found incompetent to stand trial, committed to a facility providing competency restoration services, and placed in the custody of a sheriff or sheriff's deputy to be transported to the facility providing competency restoration services not later than the 21st day following the date the court ordered the commitment. If the competency restoration facility does not have available space at the time transport is required, the court would be required to commit the defendant to another competency restoration facility or a jail-based competency restoration program.The fiscal implications of the bill cannot be determined at this time because the number of additional defendants found to be incompetent to stand trial who would require additional services is not known. The bill would have an uncertain but significant effect on the mental health state hospital system and other competency restoration services in the state operated or funded by the Health and Human Services Commission (HHSC). The bill would require the state hospital system to make modifications to its admissions process to prioritize an uncertain amount of new admissions related to competency restoration over walk-ins, civil commitments, and the existing competency restoration waitlist. To address a significant increase in admissions due to the bill, HHSC would require additional funding for state hospital staff, contracts with additional facilities for supplemental competency restoration beds, jail-based competency restoration services, and/or construction and operational costs for new competency restoration beds. In addition, the bill does not clarify who would be responsible for the transport of defendants or provide limitations on distance or catchment areas to find an available facility. Costs for transport could be significant.
The fiscal implications of the bill cannot be determined at this time because the number of additional defendants found to be incompetent to stand trial who would require additional services is not known. The bill would have an uncertain but significant effect on the mental health state hospital system and other competency restoration services in the state operated or funded by the Health and Human Services Commission (HHSC).
The bill would require the state hospital system to make modifications to its admissions process to prioritize an uncertain amount of new admissions related to competency restoration over walk-ins, civil commitments, and the existing competency restoration waitlist. To address a significant increase in admissions due to the bill, HHSC would require additional funding for state hospital staff, contracts with additional facilities for supplemental competency restoration beds, jail-based competency restoration services, and/or construction and operational costs for new competency restoration beds.
In addition, the bill does not clarify who would be responsible for the transport of defendants or provide limitations on distance or catchment areas to find an available facility. Costs for transport could be significant.
Local Government Impact
The fiscal implications of the bill cannot be determined at this time. The bill would have an uncertain effect on local mental and behavioral health authorities who provide or fund competency restoration services.
Source Agencies: b > td > 212 Office of Court Administration, Texas Judicial Council, 405 Department of Public Safety, 529 Health and Human Services Commission, 696 Department of Criminal Justice
212 Office of Court Administration, Texas Judicial Council, 405 Department of Public Safety, 529 Health and Human Services Commission, 696 Department of Criminal Justice
LBB Staff: b > td > JMc, DDel, ER, NDA, NV, KFB, DA
JMc, DDel, ER, NDA, NV, KFB, DA