Texas 2023 - 88th Regular

Texas House Bill HB4998 Compare Versions

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1	1	By: Lopez of Bexar H.B. No. 4998
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the creation of a mental health jail diversion pilot
7	7	program in Bexar County.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle C, Title 7, Health and Safety Code, is
10	10	amended by adding Chapter 581 to read as follows:
11	11	CHAPTER 581. MENTAL HEALTH JAIL DIVERSION PILOT PROGRAM; BEXAR
12	12	COUNTY
13	13	Sec. 581.001. DEFINITION. In this chapter, "commission"
14	14	means the Health and Human Services Commission.
15	15	Sec. 581.002. MENTAL HEALTH JAIL DIVERSION PILOT PROGRAM.
16	16	The commission, in cooperation with the local mental health
17	17	authority that serves Bexar County, shall establish a pilot program
18	18	in Bexar County for the purpose of reducing recidivism and the
19	19	frequency of arrests and incarceration among persons with mental
20	20	illness in that county.
21	21	Sec. 581.003. CRIMINAL JUSTICE MENTAL HEALTH SERVICE MODEL.
22	22	The local mental health authority that serves Bexar County shall
23	23	design and test through the pilot program a criminal justice mental
24	24	health service model oriented toward facilitating treatment for
25	25	persons with mental illness and substance use disorders to reduce
26	26	recidivism and frequency of arrests and incarceration of persons
27	27	with mental illness in Bexar County. The model must include
28	28	evidence-based practices, including:
29	29	(1) psychiatric services;
30	30	(2) substance use disorder treatments;
31	31	(3) treatment for co-occurring mental health and
32	32	substance use disorders;
33	33	(4) integrated primary care, mental health, and
34	34	chemical dependency services;
35	35	(5) motivational interviews to decrease recidivism;
36	36	(6) methods to maintain sobriety;
37	37	(7) medical detoxification services;
38	38	(8) intensive case management to address social
39	39	determinants of health;
40	40	(9) local mental health authority hospital liaison
41	41	transitional services, including case management;
42	42	(10) medication-assisted treatment; and
43	43	(11) treatment of medical issues, including through
44	44	inpatient hospitalization if necessary.
45	45	Sec. 581.004. LOCAL SERVICES COORDINATION. In designing
46	46	the criminal justice mental health service model described by
47	47	Section 581.003, the local mental health authority that serves
48	48	Bexar County shall coordinate with University of the Incarnate Word
49	49	and Southwest General Hospital. In providing services under the
50	50	pilot program, the local mental health authority shall use
51	51	personnel enrolled in established post-graduate residency training
52	52	programs through the Texas Institute of Graduate Medical Education
53	53	and Research.
54	54	Sec. 581.005. PROGRAM CAPACITY. (a) In implementing the
55	55	pilot program, the commission shall ensure the program has the
56	56	resources to provide mental health and substance use disorder
57	57	treatment for incarceration diversion services for not fewer than
58	58	10 inpatient beds and for stays of a period of 60 to 90 days.
59	59	(b) Before the commission implements the pilot program, the
60	60	commission and the local mental health authority that serves Bexar
61	61	County jointly shall establish clear criteria for identifying a
62	62	target population to be served by the program. The criteria must
63	63	prioritize serving a target population composed of members at high
64	64	risk of recidivism and with severe mental illness, substance use
65	65	disorders, or co-occurring mental illness and substance use
66	66	disorders.
67	67	Sec. 581.006. FINANCING THE PROGRAM. (a) In consultation
68	68	with the local mental health authority that serves Bexar County and
69	69	Southwest General Hospital, the commission shall pay a case rate at
70	70	the rate at which services are funded for the pilot program. The
71	71	creation of the pilot program under this chapter is contingent on
72	72	funding from the commission for persons with mental illness or
73	73	substance use disorders provided by the state for the program.
74	74	(b) It is the intent of the legislature that appropriations
75	75	made to fund the pilot program are made in addition to and will not
76	76	reduce the amount of appropriations otherwise made to the local
77	77	mental health authority that serves Bexar County.
78	78	(c) The local mental health authority that serves Bexar
79	79	County may seek and receive gifts and grants from federal sources,
80	80	foundations, individuals, and other sources for the benefit of the
81	81	pilot program.
82	82	Sec. 581.007. INSPECTIONS. The commission may make
83	83	inspections of the operation of, and provision of mental health and
84	84	substance use treatment for incarceration diversion services
85	85	through, the pilot program on behalf of the state to ensure state
86	86	funds are used effectively.
87	87	Sec. 581.008. REPORT. (a) Not later than December 1, 2022,
88	88	the executive commissioner shall evaluate and submit a report
89	89	concerning the effectiveness of the pilot program in reducing
90	90	recidivism and the frequency of arrests and incarceration of
91	91	persons with mental illness and substance use disorders in Bexar
92	92	County to the governor, the lieutenant governor, the speaker of the
93	93	house of representatives, and the presiding officers of the
94	94	standing committees of the senate and house of representatives
95	95	having primary jurisdiction over health and human services issues
96	96	and over criminal justice issues.
97	97	(b) The report must include a description of the features of
98	98	the criminal justice mental health service model designed and
99	99	tested under the pilot program and the executive commissioner's
100	100	recommendation whether to expand use of the model statewide.
101	101	(c) In conducting the evaluation required under Subsection
102	102	(a), the executive commissioner shall compare the rate of
103	103	recidivism in Bexar County among persons in the target population
104	104	before the date the pilot program is implemented in the community to
105	105	the rate of recidivism among those persons one year after the date
106	106	the program is implemented in the community. The executive
107	107	commissioner may include in the evaluation measures of the
108	108	effectiveness of the program related to the well-being of persons
109	109	served under the program.
110	110	Sec. 581.009. CONCLUSION; EXPIRATION. The pilot program
111	111	established under this chapter concludes and this chapter expires
112	112	September 1, 2023.
113	113	SECTION 2. This Act takes effect September 1, 2021.