Texas 2023 - 88th Regular

Texas House Bill HB5088 Compare Versions

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1	1	88R9141 LHC/EAS/CJD-D
2	2	By: Moody H.B. No. 5088
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to procedures regarding certain persons who are or may be
8	8	persons with a mental illness or intellectual disability.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 14, Code of Criminal Procedure, is
11	11	amended by adding Article 14.036 to read as follows:
12	12	Art. 14.036. DEFERRAL OF ARREST FOR NONVIOLENT OFFENDERS
13	13	RECEIVING EMERGENCY MENTAL HEALTH SERVICES. (a) Except as
14	14	provided by Subsection (e), this article applies only to a person
15	15	who is detained in a facility under Chapter 573, Health and Safety
16	16	Code, or Subchapter B, Chapter 574, Health and Safety Code, for the
17	17	purpose of receiving emergency mental health services.
18	18	(b) A peace officer who has probable cause to arrest,
19	19	without a warrant, a person described by Subsection (a) for conduct
20	20	constituting an offense committed at the applicable facility shall
21	21	defer the arrest of the person until the person has completed the
22	22	emergency mental health services, unless exigent circumstances
23	23	require an immediate arrest.
24	24	(c) A peace officer who defers the arrest of a person under
25	25	Subsection (b) may not subsequently arrest the person for the same
26	26	conduct unless a warrant has been issued.
27	27	(d) The facility in which the conduct constituting the
28	28	offense occurred shall notify the law enforcement agency that
29	29	sought the arrest of the person at least 12 hours before releasing
30	30	the person and shall provide the address where the person will be
31	31	released.
32	32	(e) This article does not apply with respect to a person
33	33	accused of committing a violent offense, as defined by Article
34	34	17.032, or an offense under Section 28.03, Penal Code, that is
35	35	punishable as a felony.
36	36	(f) This article does not limit the lawful disposition of
37	37	the criminal charge for the offense for which an arrest was
38	38	deferred.
39	39	SECTION 2. Articles 16.22(a), (b-2), and (d), Code of
40	40	Criminal Procedure, are amended to read as follows:
41	41	(a)(1) Not later than 12 hours after the sheriff or
42	42	municipal jailer having custody of a defendant [for an offense
43	43	punishable as a Class B misdemeanor or any higher category of
44	44	offense] receives credible information that may establish
45	45	reasonable cause to believe that the defendant has a mental illness
46	46	or is a person with an intellectual disability, the sheriff or
47	47	municipal jailer shall provide written or electronic notice to the
48	48	magistrate. The notice must include any information related to the
49	49	sheriff's or municipal jailer's determination, such as information
50	50	regarding the defendant's behavior immediately before, during, and
51	51	after the defendant's arrest and, if applicable, the results of any
52	52	previous assessment of the defendant. On a determination that
53	53	there is reasonable cause to believe that the defendant has a mental
54	54	illness or is a person with an intellectual disability, the
55	55	magistrate, except as provided by Subdivision (2), shall order the
56	56	service provider that contracts with the jail to provide mental
57	57	health or intellectual and developmental disability services, the
58	58	local mental health authority, the local intellectual and
59	59	developmental disability authority, or another qualified mental
60	60	health or intellectual and developmental disability expert to:
61	61	(A) interview the defendant if the defendant has
62	62	not previously been interviewed by a qualified mental health or
63	63	intellectual and developmental disability expert on or after the
64	64	date the defendant was arrested for the offense for which the
65	65	defendant is in custody and otherwise collect information regarding
66	66	whether the defendant has a mental illness as defined by Section
67	67	571.003, Health and Safety Code, or is a person with an intellectual
68	68	disability as defined by Section 591.003, Health and Safety Code,
69	69	including, if applicable, information obtained from any previous
70	70	assessment of the defendant and information regarding any
71	71	previously recommended treatment or service; and
72	72	(B) provide to the magistrate a written report of
73	73	an interview described by Paragraph (A) and the other information
74	74	collected under that paragraph on the form approved by the Texas
75	75	Correctional Office on Offenders with Medical or Mental Impairments
76	76	under Section 614.0032(c), Health and Safety Code.
77	77	(2) The magistrate is not required to order the
78	78	interview and collection of other information under Subdivision (1)
79	79	if the defendant:
80	80	(A) is no longer in custody;
81	81	(B) [or if the defendant] in the year preceding
82	82	the defendant's applicable date of arrest has been determined to
83	83	have a mental illness or to be a person with an intellectual
84	84	disability by the service provider that contracts with the jail to
85	85	provide mental health or intellectual and developmental disability
86	86	services, the local mental health authority, the local intellectual
87	87	and developmental disability authority, or another mental health or
88	88	intellectual and developmental disability expert described by
89	89	Subdivision (1); or
90	90	(C) was only arrested or charged with an offense
91	91	punishable as a Class C misdemeanor.
92	92	(3) A court that elects to use the results of a [that
93	93	previous] determination described by Subdivision (2)(B) may
94	94	proceed under Subsection (c).
95	95	(4) [(3)] If the defendant fails or refuses to submit
96	96	to the interview and collection of other information regarding the
97	97	defendant as required under Subdivision (1), the magistrate may
98	98	order the defendant to submit to an examination in a jail, or in
99	99	another place determined to be appropriate by the local mental
100	100	health authority or local intellectual and developmental
101	101	disability authority, for a reasonable period not to exceed 72
102	102	hours. If applicable, the county in which the committing court is
103	103	located shall reimburse the local mental health authority or local
104	104	intellectual and developmental disability authority for the
105	105	mileage and per diem expenses of the personnel required to
106	106	transport the defendant, calculated in accordance with the state
107	107	travel regulations in effect at the time.
108	108	(b-2) The written report must include a description of the
109	109	procedures used in the interview and collection of other
110	110	information under Subsection (a)(1)(A) and the applicable expert's
111	111	observations and findings pertaining to:
112	112	(1) whether the defendant is a person who has a mental
113	113	illness or is a person with an intellectual disability;
114	114	(2) subject to Article 46B.002, whether there is
115	115	clinical evidence to support a belief that the defendant may be
116	116	incompetent to stand trial and should undergo a complete competency
117	117	examination under Subchapter B, Chapter 46B; and
118	118	(3) any appropriate or recommended treatment or
119	119	service.
120	120	(d) This article does not prevent the applicable court from,
121	121	before, during, or after the interview and collection of other
122	122	information regarding the defendant as described by this article:
123	123	(1) releasing a defendant who has a mental illness or
124	124	is a person with an intellectual disability from custody on
125	125	personal or surety bond, including imposing as a condition of
126	126	release that the defendant submit to an examination or other
127	127	assessment; or
128	128	(2) subject to Article 46B.002, ordering an
129	129	examination regarding the defendant's competency to stand trial.
130	130	SECTION 3. Article 17.03(b-2), Code of Criminal Procedure,
131	131	is amended to read as follows:
132	132	(b-2) Except as provided by Articles 15.21, 17.032, 17.033,
133	133	and 17.151, a defendant may not be released on personal bond if the
134	134	defendant:
135	135	(1) is charged with an offense involving violence; or
136	136	(2) while released on bail or community supervision
137	137	for an offense involving violence, is charged with committing:
138	138	(A) any offense punishable as a felony; or
139	139	(B) an offense under the following provisions of
140	140	the Penal Code:
141	141	(i) Section 22.01(a)(1) (assault);
142	142	(ii) Section 22.05 (deadly conduct);
143	143	(iii) Section 22.07 (terroristic threat);
144	144	or
145	145	(iv) Section 42.01(a)(7) or (8) (disorderly
146	146	conduct involving firearm).
147	147	SECTION 4. Articles 18.191(a), (b), (f), (g), and (h), Code
148	148	of Criminal Procedure, are amended to read as follows:
149	149	(a) A law enforcement officer who seizes a firearm from a
150	150	person taken into custody under Section 573.001 or 573.012, Health
151	151	and Safety Code, and not in connection with an offense involving the
152	152	use of a weapon or an offense under Chapter 46, Penal Code, shall
153	153	immediately provide the person a written copy of the receipt for the
154	154	firearm and a written notice of the procedure for the return of a
155	155	firearm under this article.
156	156	(b) The law enforcement agency holding a firearm subject to
157	157	disposition under this article shall, as soon as possible, but not
158	158	later than the 15th day after the date the person is taken into
159	159	custody under Section 573.001 or 573.012, Health and Safety Code,
160	160	provide written notice of the procedure for the return of a firearm
161	161	under this article to the last known address of the person's closest
162	162	immediate family member as identified by the person or reasonably
163	163	identifiable by the law enforcement agency, sent by certified mail,
164	164	return receipt requested. The written notice must state the date
165	165	by which a request for the return of the firearm must be submitted
166	166	to the law enforcement agency as provided by Subsection (h).
167	167	(f) A person who receives notice under Subsection (e) may
168	168	dispose of the person's firearm by:
169	169	(1) releasing the firearm to the person's designee,
170	170	if:
171	171	(A) the law enforcement agency holding the
172	172	firearm conducts a check of state and national criminal history
173	173	record information and verifies that the designee may lawfully
174	174	possess a firearm under 18 U.S.C. Section 922(g);
175	175	(B) the person provides to the law enforcement
176	176	agency a copy of a notarized statement releasing the firearm to the
177	177	designee; and
178	178	(C) the designee provides to the law enforcement
179	179	agency an affidavit confirming that the designee:
180	180	(i) will not allow access to the firearm by
181	181	the person who was taken into custody under Section 573.001 or
182	182	573.012, Health and Safety Code, at any time during which the person
183	183	may not lawfully possess a firearm under 18 U.S.C. Section 922(g);
184	184	and
185	185	(ii) acknowledges the responsibility of the
186	186	designee and no other person to verify whether the person has
187	187	reestablished the person's eligibility to lawfully possess a
188	188	firearm under 18 U.S.C. Section 922(g); or
189	189	(2) releasing the firearm to the law enforcement
190	190	agency holding the firearm, for disposition under Subsection (h).
191	191	(g) If a firearm subject to disposition under this article
192	192	is wholly or partly owned by a person other than the person taken
193	193	into custody under Section 573.001 or 573.012, Health and Safety
194	194	Code, the law enforcement agency holding the firearm shall release
195	195	the firearm to the person claiming a right to or interest in the
196	196	firearm after:
197	197	(1) the person provides an affidavit confirming that
198	198	the person:
199	199	(A) wholly or partly owns the firearm;
200	200	(B) will not allow access to the firearm by the
201	201	person who was taken into custody under Section 573.001 or 573.012,
202	202	Health and Safety Code, at any time during which that person may not
203	203	lawfully possess a firearm under 18 U.S.C. Section 922(g); and
204	204	(C) acknowledges the responsibility of the
205	205	person and no other person to verify whether the person who was
206	206	taken into custody under Section 573.001 or 573.012, Health and
207	207	Safety Code, has reestablished the person's eligibility to lawfully
208	208	possess a firearm under 18 U.S.C. Section 922(g); and
209	209	(2) the law enforcement agency holding the firearm
210	210	conducts a check of state and national criminal history record
211	211	information and verifies that the person claiming a right to or
212	212	interest in the firearm may lawfully possess a firearm under 18
213	213	U.S.C. Section 922(g).
214	214	(h) If a person to whom written notice is provided under
215	215	Subsection (b) or another lawful owner of a firearm subject to
216	216	disposition under this article does not submit a written request to
217	217	the law enforcement agency for the return of the firearm before the
218	218	121st day after the date the law enforcement agency holding the
219	219	firearm provides written notice under Subsection (b), the law
220	220	enforcement agency may have the firearm sold by a person who is a
221	221	licensed firearms dealer under 18 U.S.C. Section 923. The proceeds
222	222	from the sale of a firearm under this subsection shall be given to
223	223	the owner of the seized firearm, less the cost of administering this
224	224	subsection. An unclaimed firearm that was seized from a person
225	225	taken into custody under Section 573.001 or 573.012, Health and
226	226	Safety Code, may not be destroyed or forfeited to the state.
227	227	SECTION 5. Subchapter B, Chapter 45, Code of Criminal
228	228	Procedure, is amended by adding Article 45.0214 to read as follows:
229	229	Art. 45.0214. DISMISSAL BASED ON DEFENDANT'S LACK OF
230	230	CAPACITY. (a) On motion by the state, the defendant, or a person
231	231	standing in parental relation to the defendant, or on the court's
232	232	own motion, a justice or judge shall determine whether probable
233	233	cause exists to believe that a defendant, including a defendant who
234	234	is a child as defined by Article 45.058(h) and a defendant with a
235	235	mental illness or developmental disability, lacks the capacity to
236	236	understand the proceedings in criminal court or to assist in the
237	237	defendant's own defense and is unfit to proceed.
238	238	(b) If the justice or judge determines that probable cause
239	239	exists for a finding under Subsection (a), after providing notice
240	240	to the state, the justice or judge may dismiss the complaint.
241	241	(c) A dismissal of a complaint under Subsection (b) may be
242	242	appealed as provided by Article 44.01.
243	243	SECTION 6. Article 46B.009, Code of Criminal Procedure, is
244	244	amended to read as follows:
245	245	Art. 46B.009. TIME CREDITS. (a) A court sentencing a
246	246	person convicted of a criminal offense shall credit to the term of
247	247	the person's sentence each of the following periods for which the
248	248	person may be confined in a mental health facility, residential
249	249	care facility, or jail:
250	250	(1) any period of confinement that occurs pending a
251	251	determination under Subchapter C as to the defendant's competency
252	252	to stand trial; and
253	253	(2) any period of confinement that occurs between the
254	254	date of any initial determination of the defendant's incompetency
255	255	under that subchapter and the date the person is transported to jail
256	256	following a final judicial determination that the person has been
257	257	restored to competency.
258	258	(b) A court sentencing a person convicted of a criminal
259	259	offense shall credit to the term of the person's sentence any period
260	260	that the person was ordered to and participated in, or was committed
261	261	to and attended, an outpatient competency restoration program.
262	262	SECTION 7. Article 46B.025(b), Code of Criminal Procedure,
263	263	is amended to read as follows:
264	264	(b) If in the opinion of an expert appointed under Article
265	265	46B.021 the defendant is incompetent to proceed, the expert shall
266	266	state in the report:
267	267	(1) the symptoms, exact nature, severity, and expected
268	268	duration of the deficits resulting from the defendant's mental
269	269	illness or intellectual disability, if any, and the impact of the
270	270	identified condition on the factors listed in Article 46B.024;
271	271	(2) an estimate of the period needed to restore the
272	272	defendant's competency;
273	273	(3) [, including] whether the defendant is likely to
274	274	be restored to competency in the initial restoration period
275	275	authorized under Subchapter D, including any possible extension
276	276	under Article 46B.080 [foreseeable future]; and
277	277	(4) [(3)] prospective treatment options, if any,
278	278	appropriate for the defendant.
279	279	SECTION 8. Article 46B.055, Code of Criminal Procedure, is
280	280	amended to read as follows:
281	281	Art. 46B.055. PROCEDURE AFTER FINDING OF INCOMPETENCY. If
282	282	the defendant is found incompetent to stand trial, the court shall:
283	283	(1) proceed under Subchapter D if the report under
284	284	Article 46B.025 states that the defendant is likely to be restored
285	285	to competency in the initial restoration period authorized under
286	286	that subchapter; or
287	287	(2) for a defendant unlikely to be restored to
288	288	competency as described by Subdivision (1):
289	289	(A) proceed under Subchapter E or F; or
290	290	(B) release the defendant on bail as permitted
291	291	under Chapter 17.
292	292	SECTION 9. Article 46B.071(a), Code of Criminal Procedure,
293	293	is amended to read as follows:
294	294	(a) On [Except as provided by Subsection (b), on] a
295	295	determination under Article 46B.055(1) that a defendant is
296	296	incompetent to stand trial and is likely to be restored to
297	297	competency in the period authorized under this subchapter including
298	298	any possible extension under Article 46B.080, the court shall:
299	299	(1) if the defendant is charged with an offense
300	300	punishable as a Class B misdemeanor, or is charged with an offense
301	301	punishable as a Class A misdemeanor that did not result in bodily
302	302	injury to another person and the defendant has not been convicted in
303	303	the preceding two years of an offense that resulted in bodily injury
304	304	to another person:
305	305	(A) release the defendant on bail under Article
306	306	46B.0711; or
307	307	(B) if an outpatient competency restoration
308	308	program is unavailable or the defendant cannot be placed in an
309	309	outpatient competency restoration program before the 14th day after
310	310	the date of the court's order:
311	311	(i) on the motion of the attorney
312	312	representing the state, dismiss the charge and proceed under
313	313	Subchapter F; or
314	314	(ii) on the motion of the attorney
315	315	representing the defendant and notice to the attorney representing
316	316	the state:
317	317	(a) set the matter to be heard not
318	318	later than the 10th day after the date of filing of the motion; and
319	319	(b) dismiss the charge and proceed
320	320	under Subchapter F on a finding that an outpatient competency
321	321	restoration program is unavailable or that the defendant cannot be
322	322	placed in an outpatient competency restoration program before the
323	323	14th day after the date of the court's order; or
324	324	[(B) commit the defendant to:
325	325	[(i) a jail-based competency restoration
326	326	program under Article 46B.073(e); or
327	327	[(ii) a mental health facility or
328	328	residential care facility under Article 46B.073(f); or]
329	329	(2) if the defendant is charged with an offense
330	330	punishable as a Class A misdemeanor that resulted in bodily injury
331	331	to another person or any higher category of offense or if the
332	332	defendant is charged with an offense punishable as a Class A
333	333	misdemeanor that did not result in bodily injury to another person
334	334	and the defendant has been convicted in the preceding two years of
335	335	an offense that resulted in bodily injury to another person:
336	336	(A) release the defendant on bail under Article
337	337	46B.072; or
338	338	(B) commit the defendant to a facility or a
339	339	jail-based competency restoration program under Article 46B.073(c)
340	340	or (d).
341	341	SECTION 10. The heading to Article 46B.0711, Code of
342	342	Criminal Procedure, is amended to read as follows:
343	343	Art. 46B.0711. RELEASE ON BAIL: CERTAIN OFFENSES NOT
344	344	INVOLVING BODILY INJURY [FOR CLASS B MISDEMEANOR].
345	345	SECTION 11. Article 46B.0711(b), Code of Criminal
346	346	Procedure, is amended to read as follows:
347	347	(b) Subject to conditions reasonably related to ensuring
348	348	public safety and the effectiveness of the defendant's treatment,
349	349	if the court determines that a defendant charged with an offense
350	350	punishable as a Class B misdemeanor, or charged under the
351	351	circumstances described by Article 46B.071(a)(1) with an offense
352	352	punishable as a Class A misdemeanor, and found incompetent to stand
353	353	trial is not a danger to others and may be safely treated on an
354	354	outpatient basis with the specific objective of attaining
355	355	competency to stand trial, and an appropriate outpatient competency
356	356	restoration program is available for the defendant, the court
357	357	shall:
358	358	(1) release the defendant on bail or continue the
359	359	defendant's release on bail; and
360	360	(2) order the defendant to participate in an
361	361	outpatient competency restoration program for a period not to
362	362	exceed 60 days.
363	363	SECTION 12. The heading to Article 46B.072, Code of
364	364	Criminal Procedure, is amended to read as follows:
365	365	Art. 46B.072. RELEASE ON BAIL: FELONIES; CERTAIN OFFENSES
366	366	INVOLVING BODILY INJURY [FOR FELONY OR CLASS A MISDEMEANOR].
367	367	SECTION 13. Article 46B.072(a-1), Code of Criminal
368	368	Procedure, is amended to read as follows:
369	369	(a-1) Subject to conditions reasonably related to ensuring
370	370	public safety and the effectiveness of the defendant's treatment,
371	371	[if] the court may release on bail, or continue the release on bail
372	372	of, [determines that] a defendant charged with an offense
373	373	punishable as a felony, or charged under the circumstances
374	374	described by Article 46B.071(a)(2) with an offense punishable as
375	375	[or] a Class A misdemeanor and found incompetent to stand trial if
376	376	the court determines the defendant is not a danger to others and may
377	377	be safely treated on an outpatient basis with the specific
378	378	objective of attaining competency to stand trial, and an
379	379	appropriate outpatient competency restoration program is available
380	380	for the defendant[, the court:
381	381	[(1) may release on bail a defendant found incompetent
382	382	to stand trial with respect to an offense punishable as a felony or
383	383	may continue the defendant's release on bail; and
384	384	[(2) shall release on bail a defendant found
385	385	incompetent to stand trial with respect to an offense punishable as
386	386	a Class A misdemeanor or shall continue the defendant's release on
387	387	bail].
388	388	SECTION 14. Articles 46B.073(a), (b), and (d), Code of
389	389	Criminal Procedure, are amended to read as follows:
390	390	(a) This article applies only to a defendant not released on
391	391	bail who is subject to an initial restoration period based on
392	392	Article 46B.071(a)(2)(B) [46B.071].
393	393	(b) For purposes of further examination and competency
394	394	restoration services with the specific objective of the defendant
395	395	attaining competency to stand trial, the court shall commit a
396	396	defendant described by Subsection (a) to a mental health facility,
397	397	residential care facility, or jail-based competency restoration
398	398	program for the applicable period as follows:
399	399	(1) a period of not more than 60 days, if the defendant
400	400	is charged with an offense punishable as a Class A misdemeanor; or
401	401	(2) a period of not more than 120 days, if the
402	402	defendant is charged with an offense punishable as a felony.
403	403	(d) If the defendant is not charged with an offense
404	404	described by Subsection (c) and the indictment does not allege an
405	405	affirmative finding under Article 42A.054(c) or (d), the court
406	406	shall enter an order committing the defendant to a mental health
407	407	facility or residential care facility determined to be appropriate
408	408	by the commission [local mental health authority or local
409	409	intellectual and developmental disability authority] or to a
410	410	jail-based competency restoration program. The court may enter an
411	411	order committing the defendant [A defendant may be committed] to a
412	412	jail-based competency restoration program only if the program
413	413	provider has informed the court that [determines] the defendant
414	414	will begin to receive competency restoration services not later
415	415	than the third business day after the date of the order [within 72
416	416	hours of arriving at the program].
417	417	SECTION 15. Article 46B.077(a), Code of Criminal Procedure,
418	418	is amended to read as follows:
419	419	(a) The facility or jail-based competency restoration
420	420	program to which the defendant is committed or the outpatient
421	421	competency restoration program to which the defendant is released
422	422	on bail shall:
423	423	(1) develop an individual program of treatment;
424	424	(2) assess and evaluate whether the defendant is
425	425	likely to be restored to competency in the period authorized under
426	426	this subchapter, including any possible extension under Article
427	427	46B.080 [foreseeable future]; and
428	428	(3) report to the court and to the local mental health
429	429	authority or to the local intellectual and developmental disability
430	430	authority on the defendant's progress toward achieving competency.
431	431	SECTION 16. Articles 46B.079(b) and (b-1), Code of Criminal
432	432	Procedure, are amended to read as follows:
433	433	(b) The head of the facility or jail-based competency
434	434	restoration program provider shall promptly notify the court when
435	435	the head of the facility or program provider believes that:
436	436	(1) the defendant is clinically ready and can be
437	437	safely transferred to a competency restoration program for
438	438	education services but has not yet attained competency to stand
439	439	trial;
440	440	(2) the defendant has attained competency to stand
441	441	trial; or
442	442	(3) the defendant is not likely to attain competency
443	443	in the period authorized under this subchapter, including any
444	444	possible extension under Article 46B.080 [foreseeable future].
445	445	(b-1) The outpatient competency restoration program
446	446	provider shall promptly notify the court when the program provider
447	447	believes that:
448	448	(1) the defendant has attained competency to stand
449	449	trial; or
450	450	(2) the defendant is not likely to attain competency
451	451	in the period authorized under this subchapter, including any
452	452	possible extension under Article 46B.080 [foreseeable future].
453	453	SECTION 17. Articles 46B.084(a-1) and (b), Code of Criminal
454	454	Procedure, are amended to read as follows:
455	455	(a-1)(1) Following the defendant's return to the court, the
456	456	court shall make a determination with regard to the defendant's
457	457	competency to stand trial. The court may make the determination
458	458	based only on the most recent report that is filed under Article
459	459	46B.079(c) and based on notice under that article, other than
460	460	notice under Subsection (b)(1) of that article, and on other
461	461	medical information or personal history information relating to the
462	462	defendant. A party may object in writing or in open court to the
463	463	findings of the most recent report not later than the 15th day after
464	464	the date on which the court received the applicable notice under
465	465	Article 46B.079. If no party objects to the findings of the most
466	466	recent report within that period, the [The] court shall make the
467	467	determination not later than the 20th day after the date on which
468	468	the court received the applicable notice under Article 46B.079, or
469	469	not later than the fifth day after the date of the defendant's
470	470	return to court, whichever occurs first [, regardless of whether a
471	471	party objects to the report as described by this subsection and the
472	472	issue is set for hearing under Subsection (b)].
473	473	(2) Notwithstanding Subdivision (1), in a county with
474	474	a population of less than one million or in a county with a
475	475	population of four million or more, if no party objects to the
476	476	findings of the most recent report within the period specified by
477	477	that subdivision, the court shall make the determination described
478	478	by that subdivision not later than the 20th day after the date on
479	479	which the court received notification under Article 46B.079 [,
480	480	regardless of whether a party objects to the report as described by
481	481	that subdivision and the issue is set for a hearing under Subsection
482	482	(b)].
483	483	(b) If a party objects as provided by [under] Subsection
484	484	(a-1) and raises a suggestion that the defendant may no longer be
485	485	competent to stand trial, the court shall determine, by informal
486	486	inquiry not later than the fifth day after the date of the
487	487	objection, whether there exists any evidence from a credible source
488	488	that the defendant may no longer be competent. If, after an
489	489	informal inquiry, the court determines that evidence from a
490	490	credible source exists to support a finding of incompetency, the
491	491	court shall order a further examination under Subchapter B to
492	492	determine whether the defendant is incompetent to stand trial.
493	493	Following receipt of the expert's report under that subchapter, the
494	494	issue shall be set for a hearing not later than the 10th day after
495	495	the date the report is received by the court. The hearing is before
496	496	the court, except that on motion by the defendant, the defense
497	497	counsel, the prosecuting attorney, or the court, the hearing shall
498	498	be held before a jury.
499	499	SECTION 18. Subchapter D, Chapter 46B, Code of Criminal
500	500	Procedure, is amended by adding Article 46B.0855 to read as
501	501	follows:
502	502	Art. 46B.0855. RAISING ISSUE OF INCOMPETENCY WHEN CRIMINAL
503	503	PROCEEDINGS ARE NOT TIMELY RESUMED. If the court has found the
504	504	defendant competent to stand trial under Article 46B.084, but the
505	505	criminal proceedings against the defendant were not resumed within
506	506	the period specified by Subsection (d) of that article, the court
507	507	shall, on motion of either party suggesting that the defendant may
508	508	no longer be competent to stand trial, follow the procedures
509	509	provided under Subchapters A and B, except any subsequent court
510	510	orders for treatment must be issued under Subchapter E or F. If,
511	511	following the end of the period specified by Article 46B.084(d),
512	512	the court suspects that the defendant may no longer be competent to
513	513	stand trial, the court may make that suggestion under this article
514	514	on its own motion.
515	515	SECTION 19. Article 46B.091(i), Code of Criminal Procedure,
516	516	is amended to read as follows:
517	517	(i) If at any time during a defendant's commitment to a
518	518	program implemented under this article the psychiatrist or
519	519	psychologist for the provider determines that the defendant's
520	520	competency to stand trial is unlikely to be restored to competency
521	521	in the period authorized under this subchapter, including any
522	522	possible extension under Article 46B.080 [foreseeable future]:
523	523	(1) the psychiatrist or psychologist for the provider
524	524	shall promptly issue and send to the court a report demonstrating
525	525	that fact; and
526	526	(2) the court shall:
527	527	(A) proceed under Subchapter E or F and order the
528	528	transfer of the defendant, without unnecessary delay, to the first
529	529	available facility that is appropriate for that defendant, as
530	530	provided under Subchapter E or F, as applicable; or
531	531	(B) release the defendant on bail as permitted
532	532	under Chapter 17.
533	533	SECTION 20. Article 46B.101, Code of Criminal Procedure, is
534	534	amended to read as follows:
535	535	Art. 46B.101. APPLICABILITY. This subchapter applies to a
536	536	defendant against whom a court is required to proceed according to
537	537	Article 46B.084(e) or 46B.0855 or according to the court's
538	538	appropriate determination under Article 46B.055(2) [46B.071].
539	539	SECTION 21. Article 46B.104, Code of Criminal Procedure, is
540	540	amended to read as follows:
541	541	Art. 46B.104. CIVIL COMMITMENT PLACEMENT: FINDING OF
542	542	VIOLENCE. (a) A defendant committed to a facility as a result of
543	543	proceedings initiated under this chapter shall be committed to the
544	544	facility designated by the commission if:
545	545	(1) the defendant is charged with an offense listed in
546	546	Article 17.032(a); or
547	547	(2) the indictment charging the offense alleges an
548	548	affirmative finding under Article 42A.054(c) or (d).
549	549	(b) The court shall send a copy of the order of commitment to
550	550	the applicable facility.
551	551	(c) For a defendant whose initial commitment is under this
552	552	subchapter as provided by Article 46B.055(2), the court shall:
553	553	(1) provide to the facility copies of the following
554	554	items made available to the court during the incompetency trial:
555	555	(A) reports of each expert;
556	556	(B) psychiatric, psychological, or social work
557	557	reports that relate to the current mental condition of the
558	558	defendant;
559	559	(C) documents provided by the attorney
560	560	representing the state or the defendant's attorney that relate to
561	561	the defendant's current or past mental condition;
562	562	(D) copies of the indictment or information and
563	563	any supporting documents used to establish probable cause in the
564	564	case;
565	565	(E) the defendant's criminal history record
566	566	information; and
567	567	(F) the addresses of the attorney representing
568	568	the state and the defendant's attorney; and
569	569	(2) direct the court reporter to promptly prepare and
570	570	provide to the facility transcripts of all medical testimony
571	571	received by the jury or court.
572	572	SECTION 22. Article 46B.109(b), Code of Criminal Procedure,
573	573	is amended to read as follows:
574	574	(b) The head of the facility or outpatient treatment
575	575	provider shall provide with the request a written statement that in
576	576	their opinion the defendant is competent to stand trial and shall
577	577	file with the court as provided by Article 46B.025 a report stating
578	578	the reason why the facility or provider believes the defendant has
579	579	been restored to competency. The head of the facility or outpatient
580	580	treatment provider must include with the report a list of the types
581	581	and dosages of medications prescribed for the defendant while the
582	582	defendant was receiving services in the facility or through the
583	583	outpatient treatment program. The court shall provide copies of
584	584	the written statement and report to the attorney representing the
585	585	state and the defendant's attorney. Either party may object to the
586	586	findings in the written statement or report as provided by Article
587	587	46B.1115.
588	588	SECTION 23. Subchapter E, Chapter 46B, Code of Criminal
589	589	Procedure, is amended by adding Article 46B.1115 to read as
590	590	follows:
591	591	Art. 46B.1115. PROCEEDINGS TO DETERMINE RESTORATION OF
592	592	COMPETENCY. The periods for objecting to the written statement and
593	593	report filed under Article 46B.109(b) and for conducting a hearing
594	594	on the defendant's competency under this subchapter are the same as
595	595	those specified under Article 46B.084.
596	596	SECTION 24. Article 46B.114, Code of Criminal Procedure, is
597	597	amended to read as follows:
598	598	Art. 46B.114. TRANSPORTATION OF DEFENDANT TO COURT. (a) If
599	599	the hearing is not conducted at the facility to which the defendant
600	600	has been committed under this chapter or conducted by means of an
601	601	electronic broadcast system as described by this subchapter, an
602	602	order setting a hearing to determine whether the defendant has been
603	603	restored to competency shall direct that [, as soon as practicable
604	604	but not earlier than 72 hours before the date the hearing is
605	605	scheduled,] the defendant be placed in the custody of the sheriff of
606	606	the county in which the committing court is located or the sheriff's
607	607	designee for prompt transportation to the court. [The sheriff or
608	608	the sheriff's designee may not take custody of the defendant under
609	609	this article until 72 hours before the date the hearing is
610	610	scheduled.]
611	611	(b) If before the 15th day after the date on which the court
612	612	received notification under Article 46B.109 that a defendant
613	613	committed to a facility or ordered to participate in an outpatient
614	614	treatment program has not been transported to the court that issued
615	615	the order under this subchapter, the head of the facility or
616	616	outpatient treatment provider shall cause the defendant to be
617	617	promptly transported to the court and placed in the custody of the
618	618	sheriff of the county in which the court is located. The county in
619	619	which the court is located shall reimburse the commission or
620	620	outpatient treatment provider, as appropriate, for the mileage and
621	621	per diem expenses of the personnel required to transport the
622	622	defendant, calculated in accordance with rates provided in the
623	623	General Appropriations Act for state employees.
624	624	SECTION 25. Article 46B.151(a), Code of Criminal Procedure,
625	625	is amended to read as follows:
626	626	(a) If a court is required by Article 46B.084(f) or 46B.0855
627	627	or by its appropriate determination under Article 46B.055(2)
628	628	[46B.071] to proceed under this subchapter, or if the court is
629	629	permitted by Article 46B.004(e) to proceed under this subchapter,
630	630	the court shall determine whether there is evidence to support a
631	631	finding that the defendant is either a person with mental illness or
632	632	a person with an intellectual disability.
633	633	SECTION 26. Sections 51.20(a), (b), (c), and (d), Family
634	634	Code, are amended to read as follows:
635	635	(a) At any stage of the proceedings under this title,
636	636	including when a child is initially detained in a pre-adjudication
637	637	secure detention facility or a post-adjudication secure
638	638	correctional facility, the juvenile court may, at its discretion or
639	639	at the request of the child's parent or guardian, order a child who
640	640	is referred to the juvenile court or who is alleged by a petition or
641	641	found to have engaged in delinquent conduct or conduct indicating a
642	642	need for supervision to be examined by a disinterested expert,
643	643	including a physician, psychiatrist, or psychologist, qualified by
644	644	education and clinical training in mental health or intellectual
645	645	disability [mental retardation] and experienced in forensic
646	646	evaluation, to determine whether the child has a mental illness as
647	647	defined by Section 571.003, Health and Safety Code, is a person with
648	648	an intellectual disability [mental retardation] as defined by
649	649	Section 591.003, Health and Safety Code, or suffers from chemical
650	650	dependency as defined by Section 464.001, Health and Safety
651	651	Code. [If the examination is to include a determination of the
652	652	child's fitness to proceed, an expert may be appointed to conduct
653	653	the examination only if the expert is qualified under Subchapter B,
654	654	Chapter 46B, Code of Criminal Procedure, to examine a defendant in a
655	655	criminal case, and the examination and the report resulting from an
656	656	examination under this subsection must comply with the requirements
657	657	under Subchapter B, Chapter 46B, Code of Criminal Procedure, for
658	658	the examination and resulting report of a defendant in a criminal
659	659	case.]
660	660	(b) If, after conducting an examination of a child ordered
661	661	under Subsection (a) and reviewing any other relevant information,
662	662	there is reason to believe that the child has a mental illness or
663	663	intellectual disability [mental retardation] or suffers from
664	664	chemical dependency, the probation department shall refer the child
665	665	to the local mental health [or mental retardation] authority, to
666	666	the local intellectual and developmental disability authority, or
667	667	to another appropriate and legally authorized agency or provider
668	668	for evaluation and services, unless the prosecuting attorney has
669	669	filed a petition under Section 53.04.
670	670	(c) If, while a child is under deferred prosecution
671	671	supervision or court-ordered probation, a qualified professional
672	672	determines that the child has a mental illness or intellectual
673	673	disability [mental retardation] or suffers from chemical
674	674	dependency and the child is not currently receiving treatment
675	675	services for the mental illness, intellectual disability [mental
676	676	retardation], or chemical dependency, the probation department
677	677	shall refer the child to the local mental health [or mental
678	678	retardation] authority, to the local intellectual and
679	679	developmental disability authority, or to another appropriate and
680	680	legally authorized agency or provider for evaluation and services.
681	681	(d) A probation department shall report each referral of a
682	682	child to a local mental health [or mental retardation] authority,
683	683	to a local intellectual and developmental disability authority, or
684	684	to another agency or provider made under Subsection (b) or (c) to
685	685	the Texas Juvenile Justice Department in a format specified by the
686	686	department.
687	687	SECTION 27. Subchapter A, Chapter 55, Family Code, is
688	688	amended to read as follows:
689	689	SUBCHAPTER A. GENERAL PROVISIONS
690	690	Sec. 55.01. DEFINITIONS [MEANING OF "HAVING A MENTAL
691	691	ILLNESS"]. In [For purposes of] this chapter:
692	692	(1) "Adaptive behavior" and "intellectual disability"
693	693	have the meanings assigned by Section 591.003, Health and Safety
694	694	Code.
695	695	(2) "Child with an intellectual disability" means a
696	696	child determined by a physician or psychologist licensed in this
697	697	state to have subaverage general intellectual functioning with
698	698	deficits in adaptive behavior.
699	699	(3) "Child with mental illness" [, a child who is
700	700	described as having a mental illness] means a child determined by a
701	701	physician or psychologist licensed in this state to have [with] a
702	702	mental illness.
703	703	(4) "Interdisciplinary team" means a group of
704	704	intellectual disability professionals and paraprofessionals who
705	705	assess the treatment, training, and habilitation needs of a person
706	706	with an intellectual disability and make recommendations for
707	707	services for that person.
708	708	(5) "Least restrictive appropriate setting" means the
709	709	treatment or service setting closest to the child's home that
710	710	provides the child with the greatest probability of improvement and
711	711	is no more restrictive of the child's physical or social liberties
712	712	than is necessary to provide the child with the most effective
713	713	treatment or services and to protect adequately against any danger
714	714	the child poses to self or others.
715	715	(6) "Mental illness" has the meaning assigned by
716	716	Section 571.003, Health and Safety Code.
717	717	(7) "Restoration classes" means curriculum-based
718	718	educational sessions a child attends to assist in restoring the
719	719	child's fitness to proceed, including the child's capacity to
720	720	understand the proceedings in juvenile court and to assist in the
721	721	child's own defense.
722	722	(8) "Subaverage general intellectual functioning"
723	723	means intelligence that is measured on standardized psychometric
724	724	instruments of two or more standard deviations below the age-group
725	725	mean for the instruments used [as defined by Section 571.003,
726	726	Health and Safety Code].
727	727	Sec. 55.02. MENTAL HEALTH AND INTELLECTUAL DISABILITY
728	728	JURISDICTION. For the purpose of initiating proceedings to order
729	729	mental health or intellectual disability services for a child [or
730	730	for commitment of a child] as provided by this chapter, the juvenile
731	731	court has jurisdiction of proceedings under Subtitle C or D, Title
732	732	7, Health and Safety Code.
733	733	Sec. 55.03. STANDARDS OF CARE. (a) Except as provided by
734	734	this chapter, a child for whom inpatient or outpatient mental
735	735	health services are [is] ordered by a court under this chapter shall
736	736	be cared for as provided by Subtitle C, Title 7, Health and Safety
737	737	Code.
738	738	(b) Except as provided by this chapter, a child who is
739	739	ordered [committed] by a court to receive services at a residential
740	740	care facility or to participate in services on an outpatient basis
741	741	due to an intellectual disability shall be cared for as provided by
742	742	Subtitle D, Title 7, Health and Safety Code.
743	743	Sec. 55.04. FORENSIC MENTAL EXAMINATION. (a) In this
744	744	section, "forensic mental examination" means an examination by a
745	745	disinterested physician or psychologist to determine if a child who
746	746	is alleged by petition or found to have engaged in delinquent
747	747	conduct or conduct indicating a need for supervision is a child with
748	748	mental illness, is unfit to proceed in juvenile court due to mental
749	749	illness or an intellectual disability, or lacks responsibility for
750	750	conduct due to mental illness or an intellectual disability.
751	751	(b) A juvenile court may order a forensic mental examination
752	752	if the court determines that probable cause exists to believe that a
753	753	child who is alleged by petition or found to have engaged in
754	754	delinquent conduct or conduct indicating a need for supervision is
755	755	a child with mental illness, is unfit to proceed in juvenile court
756	756	due to mental illness or an intellectual disability, or lacks
757	757	responsibility for conduct due to mental illness or an intellectual
758	758	disability.
759	759	(c) To qualify for appointment as an expert under this
760	760	chapter, a physician or psychologist must:
761	761	(1) as appropriate, be a physician licensed in this
762	762	state or be a psychologist licensed in this state who has a doctoral
763	763	degree in psychology; and
764	764	(2) have the following certification or training:
765	765	(A) as appropriate, certification by:
766	766	(i) the American Board of Psychiatry and
767	767	Neurology with added or special qualifications in forensic
768	768	psychiatry; or
769	769	(ii) the American Board of Professional
770	770	Psychology in forensic psychology; or
771	771	(B) training consisting of:
772	772	(i) at least 24 hours of specialized
773	773	forensic training relating to incompetency, fitness to proceed,
774	774	lack of responsibility for conduct, or insanity evaluations; and
775	775	(ii) at least eight hours of continuing
776	776	education relating to forensic evaluations, completed in the 12
777	777	months preceding the date of the appointment.
778	778	(d) In addition to meeting the qualifications required by
779	779	Subsection (c), to be appointed as an expert, a physician or
780	780	psychologist must have completed six hours of required continuing
781	781	education in courses in forensic psychiatry or psychology, as
782	782	appropriate, in the 24 months preceding the appointment.
783	783	(e) A court may appoint as an expert a physician or
784	784	psychologist who does not meet the requirements of Subsections (c)
785	785	and (d) only if the court determines that exigent circumstances
786	786	require the court to appoint an expert with specialized expertise
787	787	to examine the child that is not ordinarily possessed by a physician
788	788	or psychologist who meets the requirements of Subsections (c) and
789	789	(d).
790	790	Sec. 55.05. CRITERIA FOR COURT-ORDERED MENTAL HEALTH
791	791	SERVICES FOR CHILD. (a) A juvenile court may order a child who is
792	792	subject to the jurisdiction of the juvenile court to receive
793	793	temporary inpatient mental health services only if the court finds,
794	794	from clear and convincing evidence, that:
795	795	(1) the child is a child with mental illness; and
796	796	(2) as a result of that mental illness, the child:
797	797	(A) is likely to cause serious harm to the
798	798	child's self;
799	799	(B) is likely to cause serious harm to others; or
800	800	(C) is:
801	801	(i) suffering severe and abnormal mental,
802	802	emotional, or physical distress;
803	803	(ii) experiencing substantial mental or
804	804	physical deterioration of the child's ability to function
805	805	independently; and
806	806	(iii) unable to make a rational and
807	807	informed decision as to whether to submit to treatment or is
808	808	unwilling to submit to treatment.
809	809	(b) A juvenile court may order a child who is subject to the
810	810	jurisdiction of the juvenile court to receive temporary outpatient
811	811	mental health services only if the court finds:
812	812	(1) that appropriate mental health services are
813	813	available to the child; and
814	814	(2) clear and convincing evidence that:
815	815	(A) the child is a child with severe and
816	816	persistent mental illness;
817	817	(B) as a result of the mental illness, the child
818	818	will, if not treated, experience deterioration of the ability to
819	819	function independently to the extent that the child will be unable
820	820	to live safely in the community without court-ordered outpatient
821	821	mental health services;
822	822	(C) outpatient mental health services are needed
823	823	to prevent a relapse that would likely result in serious harm to the
824	824	child or others; and
825	825	(D) the child has an inability to effectively and
826	826	voluntarily participate in outpatient treatment services,
827	827	demonstrated by:
828	828	(i) any of the child's actions occurring
829	829	within the two-year period preceding the date of the hearing; or
830	830	(ii) specific characteristics of the
831	831	child's clinical condition that significantly impair the child's
832	832	ability to make a rational and informed decision as to whether to
833	833	submit to voluntary outpatient treatment.
834	834	(c) A juvenile court may order a child who is subject to the
835	835	jurisdiction of the juvenile court to receive extended inpatient
836	836	mental health services only if the court finds, from clear and
837	837	convincing evidence, that, in addition to the findings in
838	838	Subsection (a):
839	839	(1) the child's condition is expected to continue for
840	840	more than 90 days; and
841	841	(2) the child has received court-ordered inpatient
842	842	mental health services under this chapter or under Chapter 574,
843	843	Health and Safety Code, for at least 60 consecutive days during the
844	844	preceding 12 months.
845	845	(d) A juvenile court may order a child who is subject to the
846	846	jurisdiction of the juvenile court to receive extended outpatient
847	847	mental health services only if, in addition to the findings in
848	848	Subsection (b):
849	849	(1) the child's condition is expected to continue for
850	850	more than 90 days; and
851	851	(2) the child has received:
852	852	(A) court-ordered inpatient mental health
853	853	services under this chapter or under Chapter 574, Health and Safety
854	854	Code, for at least 60 consecutive days during the preceding 12
855	855	months; or
856	856	(B) court-ordered outpatient mental health
857	857	services under this chapter or under Chapter 574, Health and Safety
858	858	Code, during the preceding 60 days.
859	859	Sec. 55.06. CRITERIA FOR COURT-ORDERED RESIDENTIAL
860	860	INTELLECTUAL DISABILITY SERVICES FOR CHILD. A child may not be
861	861	court-ordered to receive services at a residential care facility
862	862	unless:
863	863	(1) the child is a child with an intellectual
864	864	disability;
865	865	(2) evidence is presented showing that because of the
866	866	child's intellectual disability, the child:
867	867	(A) represents a substantial risk of physical
868	868	impairment or injury to the child or others; or
869	869	(B) is unable to provide for and is not providing
870	870	for the child's most basic personal physical needs;
871	871	(3) the child cannot be adequately and appropriately
872	872	habilitated in an available, less restrictive setting;
873	873	(4) the residential care facility provides
874	874	habilitative services, care, training, and treatment appropriate
875	875	to the child's needs; and
876	876	(5) an interdisciplinary team recommends placement in
877	877	the residential care facility.
878	878	SECTION 28. The heading to Subchapter B, Chapter 55, Family
879	879	Code, is amended to read as follows:
880	880	SUBCHAPTER B. COURT-ORDERED MENTAL HEALTH SERVICES FOR CHILD WITH
881	881	MENTAL ILLNESS
882	882	SECTION 29. Sections 55.11(b) and (c), Family Code, are
883	883	amended to read as follows:
884	884	(b) If the court determines that probable cause exists to
885	885	believe that the child is a child with [has a] mental illness, the
886	886	court shall temporarily stay the juvenile court proceedings and
887	887	immediately order the child to be examined under Section 55.04
888	888	[51.20]. The information obtained from the examination must
889	889	include expert opinion as to:
890	890	(1) whether the child is a child with [has a] mental
891	891	illness; [and]
892	892	(2) whether the child meets the [commitment] criteria
893	893	for court-ordered mental health services under Section 55.05 for:
894	894	(A) temporary inpatient mental health services;
895	895	(B) temporary outpatient mental health services;
896	896	(C) extended inpatient mental health services;
897	897	or
898	898	(D) extended outpatient mental health services;
899	899	and
900	900	(3) if applicable, the specific criteria the child
901	901	meets under Subdivision (2) [under Subtitle C, Title 7, Health and
902	902	Safety Code. If ordered by the court, the information must also
903	903	include expert opinion as to whether the child is unfit to proceed
904	904	with the juvenile court proceedings].
905	905	(c) After considering all relevant information, including
906	906	information obtained from an examination under Section 55.04
907	907	[51.20], the court shall:
908	908	(1) proceed under Section 55.12 if the court
909	909	determines that evidence exists to support a finding that the child
910	910	is a child with [has a] mental illness and that the child meets the
911	911	[commitment] criteria for court-ordered mental health services
912	912	under Section 55.05 [Subtitle C, Title 7, Health and Safety Code,
913	913	proceed under Section 55.12]; or
914	914	(2) dissolve the stay and continue the juvenile court
915	915	proceedings if the court determines that evidence does not exist to
916	916	support a finding that the child is a child with [has a] mental
917	917	illness or that the child meets the [commitment] criteria for
918	918	court-ordered mental health services under Section 55.05 [Subtitle
919	919	C, Title 7, Health and Safety Code, dissolve the stay and continue
920	920	the juvenile court proceedings].
921	921	SECTION 30. Sections 55.12, 55.15, 55.16, 55.17, 55.18, and
922	922	55.19, Family Code, are amended to read as follows:
923	923	Sec. 55.12. INITIATION OF [COMMITMENT] PROCEEDINGS FOR
924	924	COURT-ORDERED MENTAL HEALTH SERVICES. If, after considering all
925	925	relevant information, the juvenile court determines that evidence
926	926	exists to support a finding that a child is a child with [has a]
927	927	mental illness and that the child meets the [commitment] criteria
928	928	for court-ordered mental health services under Section 55.05 [under
929	929	Subtitle C, Title 7, Health and Safety Code], the court shall:
930	930	(1) initiate proceedings as provided by Section 55.65
931	931	[55.13] to order temporary or extended mental health services, as
932	932	provided in this chapter and Subchapter C, Chapter 574, Health and
933	933	Safety Code; or
934	934	(2) refer the child's case as provided by Section 55.68
935	935	[55.14] to the appropriate court for the initiation of proceedings
936	936	in that court to order temporary or extended mental health services
937	937	for [commitment of] the child under this chapter and Subchapter C,
938	938	Chapter 574, Health and Safety Code.
939	939	Sec. 55.15. STANDARDS OF CARE; EXPIRATION OF COURT ORDER
940	940	FOR MENTAL HEALTH SERVICES. Treatment ordered under this
941	941	subchapter for a child with mental illness must focus on the
942	942	stabilization of the child's mental illness and on meeting the
943	943	child's psychiatric needs in the least restrictive appropriate
944	944	setting. If the juvenile court or a court to which the child's case
945	945	is referred under Section 55.12(2) orders mental health services
946	946	for the child, the child shall be transported, cared for, treated,
947	947	and released in conformity to Subtitle C, Title 7, Health and Safety
948	948	Code, except:
949	949	(1) a court order for mental health services for a
950	950	child automatically expires on the 120th day after the date the
951	951	child becomes 18 years of age; and
952	952	(2) the administrator of a mental health facility
953	953	shall notify, in writing, by certified mail, return receipt
954	954	requested, the juvenile court that ordered mental health services
955	955	or the juvenile court that referred the case to a court that ordered
956	956	the mental health services of the intent to discharge the child at
957	957	least 10 days prior to discharge.
958	958	Sec. 55.16. ORDER FOR MENTAL HEALTH SERVICES; STAY OF
959	959	PROCEEDINGS. (a) If the court to which the child's case is
960	960	referred under Section 55.12(2) orders temporary or extended
961	961	[inpatient] mental health services for the child, the court shall
962	962	immediately notify in writing the referring juvenile court of the
963	963	court's order for mental health services.
964	964	(b) If the juvenile court orders temporary or extended
965	965	[inpatient] mental health services for the child or if the juvenile
966	966	court receives notice under Subsection (a) from the court to which
967	967	the child's case is referred, the proceedings under this title then
968	968	pending in juvenile court shall be stayed.
969	969	Sec. 55.17. MENTAL HEALTH SERVICES NOT ORDERED;
970	970	DISSOLUTION OF STAY. (a) If the court to which a child's case is
971	971	referred under Section 55.12(2) does not order temporary or
972	972	extended [inpatient] mental health services for the child, the
973	973	court shall immediately notify in writing the referring juvenile
974	974	court of the court's decision.
975	975	(b) If the juvenile court does not order temporary or
976	976	extended [inpatient] mental health services for the child or if the
977	977	juvenile court receives notice under Subsection (a) from the court
978	978	to which the child's case is referred, the juvenile court shall
979	979	dissolve the stay and continue the juvenile court proceedings.
980	980	Sec. 55.18. DISCHARGE FROM COURT-ORDERED INPATIENT OR
981	981	OUTPATIENT MENTAL HEALTH SERVICES [FACILITY] BEFORE REACHING 18
982	982	YEARS OF AGE. If the child is discharged from the mental health
983	983	facility or from outpatient treatment services before reaching 18
984	984	years of age, the juvenile court may:
985	985	(1) dismiss the juvenile court proceedings with
986	986	prejudice; or
987	987	(2) dissolve the stay and continue with proceedings
988	988	under this title as though no order of mental health services had
989	989	been made.
990	990	Sec. 55.19. DISCRETIONARY TRANSFER TO CRIMINAL COURT ON
991	991	18TH BIRTHDAY. (a) The juvenile court may waive its exclusive
992	992	original jurisdiction and [shall] transfer all pending proceedings
993	993	from the juvenile court to a criminal court on or after the 18th
994	994	birthday of a child for whom the juvenile court or a court to which
995	995	the child's case was [is] referred under Section 55.12(2) [has]
996	996	ordered inpatient mental health services if:
997	997	(1) the child is not discharged or furloughed from the
998	998	inpatient mental health facility before reaching 18 years of age;
999	999	and
1000	1000	(2) the child is alleged to have engaged in delinquent
1001	1001	conduct that included a violation of a penal law listed in Section
1002	1002	53.045 and no adjudication concerning the alleged conduct has been
1003	1003	made.
1004	1004	(b) A court conducting a waiver of jurisdiction and
1005	1005	discretionary transfer hearing under this section shall conduct the
1006	1006	hearing according to Sections 54.02(j), (k), and (l).
1007	1007	(c) If after the hearing the juvenile court waives its
1008	1008	jurisdiction and transfers the person to criminal court, the [The]
1009	1009	juvenile court shall send notification of the transfer of a child
1010	1010	under Subsection (a) to the inpatient mental health facility. The
1011	1011	criminal court shall, within 90 days of the transfer, institute
1012	1012	proceedings under Chapter 46B, Code of Criminal Procedure. If
1013	1013	those or any subsequent proceedings result in a determination that
1014	1014	the defendant is competent to stand trial, the defendant may not
1015	1015	receive a punishment for the delinquent conduct described by
1016	1016	Subsection (a)(2) that results in confinement for a period longer
1017	1017	than the maximum period of confinement the defendant could have
1018	1018	received if the defendant had been adjudicated for the delinquent
1019	1019	conduct while still a child and within the jurisdiction of the
1020	1020	juvenile court.
1021	1021	SECTION 31. Section 55.31, Family Code, is amended by
1022	1022	amending Subsections (c) and (d) and adding Subsections (e) and (f)
1023	1023	to read as follows:
1024	1024	(c) If the court determines that probable cause exists to
1025	1025	believe that the child is unfit to proceed, the court shall
1026	1026	temporarily stay the juvenile court proceedings and immediately
1027	1027	order the child to be examined under Section 55.04 [51.20. The
1028	1028	information obtained from the examination must include expert
1029	1029	opinion as to whether the child is unfit to proceed as a result of
1030	1030	mental illness or an intellectual disability].
1031	1031	(d) During an examination ordered under this section, and in
1032	1032	any report based on that examination, an expert shall consider, in
1033	1033	addition to other issues determined relevant by the expert:
1034	1034	(1) whether the child, as supported by current
1035	1035	indications and the child's personal history:
1036	1036	(A) is a child with mental illness; or
1037	1037	(B) is a child with an intellectual disability;
1038	1038	(2) the child's capacity to:
1039	1039	(A) appreciate the allegations against the
1040	1040	child;
1041	1041	(B) appreciate the range and nature of allowable
1042	1042	dispositions that may be imposed in the proceedings against the
1043	1043	child;
1044	1044	(C) understand the roles of the participants and
1045	1045	the adversarial nature of the legal process;
1046	1046	(D) display appropriate courtroom behavior; and
1047	1047	(E) testify relevantly; and
1048	1048	(3) the degree of impairment resulting from the
1049	1049	child's mental illness or intellectual disability and the specific
1050	1050	impact on the child's capacity to engage with counsel in a
1051	1051	reasonable and rational manner.
1052	1052	(e) An expert's report to the court must state an opinion on
1053	1053	the child's fitness to proceed or explain why the expert is unable
1054	1054	to state that opinion and include:
1055	1055	(1) the child's history and current status regarding
1056	1056	any possible mental illness or intellectual disability;
1057	1057	(2) the child's developmental history as it relates to
1058	1058	any possible mental illness or intellectual disability;
1059	1059	(3) the child's functional abilities related to
1060	1060	fitness to stand trial;
1061	1061	(4) the relationship between deficits in the child's
1062	1062	functional abilities related to fitness to proceed and any mental
1063	1063	illness or intellectual disability; and
1064	1064	(5) if the expert believes the child is in need of
1065	1065	remediation or restoration services, a discussion of:
1066	1066	(A) whether the child's abilities are likely to
1067	1067	be remediated or restored within the period described by Section
1068	1068	55.33(a)(1), (2), or (3);
1069	1069	(B) whether the child may be adequately treated
1070	1070	in an alternative setting;
1071	1071	(C) any recommended interventions to aid in the
1072	1072	remediation or restoration of the child's fitness;
1073	1073	(D) whether the child meets criteria for
1074	1074	court-ordered treatment or services under Section 55.05 or 55.06;
1075	1075	and
1076	1076	(E) if applicable, the specific criteria the
1077	1077	child meets under Paragraph (D).
1078	1078	(f) [(d)] After considering all relevant information,
1079	1079	including information obtained from an examination under Section
1080	1080	55.04 [51.20], the court shall:
1081	1081	(1) if the court determines that evidence exists to
1082	1082	support a finding that the child is unfit to proceed, proceed under
1083	1083	Section 55.32; or
1084	1084	(2) if the court determines that evidence does not
1085	1085	exist to support a finding that the child is unfit to proceed,
1086	1086	dissolve the stay and continue the juvenile court proceedings.
1087	1087	SECTION 32. Sections 55.33 and 55.35, Family Code, are
1088	1088	amended to read as follows:
1089	1089	Sec. 55.33. PROCEEDINGS FOLLOWING FINDING OF UNFITNESS TO
1090	1090	PROCEED. (a) If the juvenile court or jury determines under
1091	1091	Section 55.32 that a child is unfit as a result of mental illness or
1092	1092	an intellectual disability to proceed with the juvenile court
1093	1093	proceedings for delinquent conduct, the court shall:
1094	1094	(1) provided that the child meets the inpatient mental
1095	1095	health services or residential intellectual disability services
1096	1096	[commitment] criteria under Section 55.05 or 55.06 [Subtitle C or
1097	1097	D, Title 7, Health and Safety Code], order the child placed with the
1098	1098	Health and Human Services Commission [Department of State Health
1099	1099	Services or the Department of Aging and Disability Services, as
1100	1100	appropriate,] for a period of not more than 90 days, which order may
1101	1101	not specify a shorter period, for placement in a facility
1102	1102	designated by the commission [department];
1103	1103	(2) on application by the child's parent, guardian, or
1104	1104	guardian ad litem, order the child placed in a private psychiatric
1105	1105	inpatient facility or residential care facility for a period of not
1106	1106	more than 90 days, which order may not specify a shorter period, but
1107	1107	only if:
1108	1108	(A) the unfitness to proceed is a result of
1109	1109	mental illness or an intellectual disability; and
1110	1110	(B) the placement is agreed to in writing by the
1111	1111	administrator of the facility; or
1112	1112	(3) subject to Subsection (d) [(c)], if the court
1113	1113	determines that the child may be adequately treated or served in an
1114	1114	alternative setting and finds that the child does not meet criteria
1115	1115	for court-ordered inpatient mental health services or residential
1116	1116	intellectual disability services under Section 55.05 or 55.06,
1117	1117	order the child to receive treatment for mental illness or services
1118	1118	for the child's intellectual disability, as appropriate, on an
1119	1119	outpatient basis for a period of [not more than] 90 days, with the
1120	1120	possibility of extension as ordered by the court [which order may
1121	1121	not specify a shorter period].
1122	1122	(b) If a child receives treatment for mental illness or
1123	1123	services for the child's intellectual disability on an outpatient
1124	1124	basis in an alternative setting under Subsection (a)(3), juvenile
1125	1125	probation departments may provide restoration classes in
1126	1126	collaboration with the outpatient alternative setting.
1127	1127	(c) If the court orders a child placed in a private
1128	1128	psychiatric inpatient facility or residential care facility under
1129	1129	Subsection (a)(2) or in an alternative setting under Subsection
1130	1130	(a)(3), the state or a political subdivision of the state may be
1131	1131	ordered to pay any costs associated with the ordered services
1132	1132	[child's placement], subject to an express appropriation of funds
1133	1133	for the purpose.
1134	1134	(d) [(c)] Before issuing an order described by Subsection
1135	1135	(a)(3), the court shall consult with the local juvenile probation
1136	1136	department, [and] with local treatment or service providers, with
1137	1137	the local mental health authority, and with the local intellectual
1138	1138	and developmental disability authority to determine the
1139	1139	appropriate treatment or services and restoration classes for the
1140	1140	child.
1141	1141	Sec. 55.35. INFORMATION REQUIRED TO BE SENT TO FACILITY OR
1142	1142	ALTERNATIVE SETTING; REPORT TO COURT. (a) If the juvenile court
1143	1143	issues an [a placement] order under Section 55.33(a), the court
1144	1144	shall order the probation department to send copies of any
1145	1145	information in the possession of the department and relevant to the
1146	1146	issue of the child's mental illness or intellectual disability to
1147	1147	the public or private facility or outpatient alternative setting
1148	1148	[center], as appropriate.
1149	1149	(b) Not later than the 75th day after the date the court
1150	1150	issues an [a placement] order under Section 55.33(a), the public or
1151	1151	private facility or outpatient alternative setting [center], as
1152	1152	appropriate, shall submit to the court a report that:
1153	1153	(1) describes the treatment or services provided to
1154	1154	the child by the facility or alternative setting [center]; and
1155	1155	(2) states the opinion of the director of the facility
1156	1156	or alternative setting [center] as to whether the child is fit or
1157	1157	unfit to proceed.
1158	1158	(c) If the report under Subsection (b) states that the child
1159	1159	is unfit to proceed, the report must also include an opinion and the
1160	1160	reasons for that opinion as to whether the child meets the criteria
1161	1161	for court-ordered mental health services or court-ordered
1162	1162	intellectual disability services under Section 55.05 or 55.06.
1163	1163	(d) The report of an outpatient alternative setting
1164	1164	collaborating with a juvenile probation department to provide
1165	1165	restoration classes must include any information provided by the
1166	1166	juvenile probation department regarding the child's assessment at
1167	1167	the conclusion of the restoration classes.
1168	1168	(e) The court shall provide a copy of the report submitted
1169	1169	under Subsection (b) to the prosecuting attorney and the attorney
1170	1170	for the child.
1171	1171	SECTION 33. Section 55.36(d), Family Code, is amended to
1172	1172	read as follows:
1173	1173	(d) If, after a hearing, the court or jury finds that the
1174	1174	child is unfit to proceed, the court shall proceed under Section
1175	1175	55.37 or 55.40, as appropriate.
1176	1176	SECTION 34. Sections 55.37 and 55.40, Family Code, are
1177	1177	amended to read as follows:
1178	1178	Sec. 55.37. REPORT THAT CHILD IS UNFIT TO PROCEED AS A
1179	1179	RESULT OF MENTAL ILLNESS; INITIATION OF [COMMITMENT] PROCEEDINGS
1180	1180	FOR COURT-ORDERED MENTAL HEALTH SERVICES. If a report submitted
1181	1181	under Section 55.35(b) states that a child is unfit to proceed as a
1182	1182	result of mental illness and that the child meets the [commitment]
1183	1183	criteria for court-ordered mental health services under Section
1184	1184	55.05 [civil commitment under Subtitle C, Title 7, Health and
1185	1185	Safety Code], the director of the public or private facility or
1186	1186	outpatient alternative setting [center], as appropriate, shall
1187	1187	submit to the court two certificates of medical examination for
1188	1188	mental illness, as described by Subchapter A, Chapter 574, Health
1189	1189	and Safety Code. On receipt of the certificates, the court shall:
1190	1190	(1) initiate proceedings as provided by Section 55.66
1191	1191	for temporary or extended mental health services, as provided by
1192	1192	this chapter and Subchapter C, Chapter 574, [55.38 in the juvenile
1193	1193	court for commitment of the child under Subtitle C, Title 7,] Health
1194	1194	and Safety Code; or
1195	1195	(2) refer the child's case as provided by Section 55.68
1196	1196	[55.39] to the appropriate court for the initiation of proceedings
1197	1197	in that court for temporary or extended mental health services for
1198	1198	[commitment of] the child under this chapter and Subchapter C,
1199	1199	Chapter 574, [Subtitle C, Title 7,] Health and Safety Code.
1200	1200	Sec. 55.40. REPORT THAT CHILD IS UNFIT TO PROCEED AS A
1201	1201	RESULT OF INTELLECTUAL DISABILITY. If a report submitted under
1202	1202	Section 55.35(b) states that a child is unfit to proceed as a result
1203	1203	of an intellectual disability and that the child meets the
1204	1204	[commitment] criteria for court-ordered residential intellectual
1205	1205	disability services under Section 55.06 [civil commitment under
1206	1206	Subtitle D, Title 7, Health and Safety Code], the director of the
1207	1207	residential care facility or alternative setting shall submit to
1208	1208	the court an affidavit stating the conclusions reached as a result
1209	1209	of the diagnosis. On receipt of the affidavit, the court shall:
1210	1210	(1) initiate proceedings as provided by Section 55.67
1211	1211	[55.41] in the juvenile court for court-ordered residential
1212	1212	intellectual disability services for [commitment of] the child
1213	1213	under Subtitle D, Title 7, Health and Safety Code; or
1214	1214	(2) refer the child's case as provided by Section 55.68
1215	1215	[55.42] to the appropriate court for the initiation of proceedings
1216	1216	in that court for court-ordered residential intellectual
1217	1217	disability services for [commitment of] the child under Subtitle D,
1218	1218	Title 7, Health and Safety Code.
1219	1219	SECTION 35. Section 55.43(a), Family Code, is amended to
1220	1220	read as follows:
1221	1221	(a) The prosecuting attorney may file with the juvenile
1222	1222	court a motion for a restoration hearing concerning a child if:
1223	1223	(1) the child is found unfit to proceed as a result of
1224	1224	mental illness or an intellectual disability; and
1225	1225	(2) the child:
1226	1226	(A) is not:
1227	1227	(i) ordered by a court to receive inpatient
1228	1228	mental health or intellectual disability services;
1229	1229	(ii) ordered [committed] by a court to
1230	1230	receive services at a residential care facility; or
1231	1231	(iii) ordered by a court to receive
1232	1232	treatment or services on an outpatient basis; or
1233	1233	(B) is discharged or currently on furlough from a
1234	1234	mental health facility or discharged from an alternative setting
1235	1235	[outpatient center] before the child reaches 18 years of age.
1236	1236	SECTION 36. Section 55.44, Family Code, is amended to read
1237	1237	as follows:
1238	1238	Sec. 55.44. DISCRETIONARY TRANSFER TO CRIMINAL COURT ON
1239	1239	18TH BIRTHDAY OF CHILD. (a) The juvenile court may waive its
1240	1240	exclusive original jurisdiction and [shall] transfer all pending
1241	1241	proceedings from the juvenile court to a criminal court on or after
1242	1242	the 18th birthday of a child for whom the juvenile court or a court
1243	1243	to which the child's case is referred has ordered inpatient mental
1244	1244	health services or residential care for persons with an
1245	1245	intellectual disability if:
1246	1246	(1) the child is not discharged or currently on
1247	1247	furlough from the facility before reaching 18 years of age; and
1248	1248	(2) the child is alleged to have engaged in delinquent
1249	1249	conduct that included a violation of a penal law listed in Section
1250	1250	53.045 and no adjudication concerning the alleged conduct has been
1251	1251	made.
1252	1252	(b) A court conducting a waiver of jurisdiction and
1253	1253	discretionary transfer hearing under this section shall conduct the
1254	1254	hearing according to Sections 54.02(j), (k), and (l).
1255	1255	(c) If after the hearing the juvenile court waives its
1256	1256	jurisdiction and transfers the case to criminal court, the [The]
1257	1257	juvenile court shall send notification of the transfer of a child
1258	1258	under Subsection (a) to the facility. The criminal court shall,
1259	1259	before the 91st day after the date of the transfer, institute
1260	1260	proceedings under Chapter 46B, Code of Criminal Procedure. If
1261	1261	those or any subsequent proceedings result in a determination that
1262	1262	the defendant is competent to stand trial, the defendant may not
1263	1263	receive a punishment for the delinquent conduct described by
1264	1264	Subsection (a)(2) that results in confinement for a period longer
1265	1265	than the maximum period of confinement the defendant could have
1266	1266	received if the defendant had been adjudicated for the delinquent
1267	1267	conduct while still a child and within the jurisdiction of the
1268	1268	juvenile court.
1269	1269	SECTION 37. Sections 55.45(b) and (c), Family Code, are
1270	1270	amended to read as follows:
1271	1271	(b) If the juvenile court or a court to which the child's
1272	1272	case is referred under Section 55.40(2) orders the intellectual
1273	1273	disability services for [commitment of] the child to be provided at
1274	1274	[to] a residential care facility, the child shall be cared for,
1275	1275	treated, and released in accordance with Subtitle D, Title 7,
1276	1276	Health and Safety Code, except that the administrator of the
1277	1277	residential care facility shall notify, in writing, by certified
1278	1278	mail, return receipt requested, the juvenile court that ordered
1279	1279	intellectual disability services for [commitment of] the child or
1280	1280	that referred the case to a court that ordered intellectual
1281	1281	disability services for [commitment of] the child of the intent to
1282	1282	discharge or furlough the child on or before the 20th day before the
1283	1283	date of discharge or furlough.
1284	1284	(c) If the referred child, as described in Subsection (b),
1285	1285	is alleged to have committed an offense listed in Article 42A.054,
1286	1286	Code of Criminal Procedure, the administrator of the residential
1287	1287	care facility shall apply, in writing, by certified mail, return
1288	1288	receipt requested, to the juvenile court that ordered services for
1289	1289	[commitment of] the child or that referred the case to a court that
1290	1290	ordered services for [commitment of] the child and show good cause
1291	1291	for any release of the child from the facility for more than 48
1292	1292	hours. Notice of this request must be provided to the prosecuting
1293	1293	attorney responsible for the case. The prosecuting attorney, the
1294	1294	juvenile, or the administrator may apply for a hearing on this
1295	1295	application. If no one applies for a hearing, the trial court shall
1296	1296	resolve the application on the written submission. The rules of
1297	1297	evidence do not apply to this hearing. An appeal of the trial
1298	1298	court's ruling on the application is not allowed. The release of a
1299	1299	child described in this subsection without the express approval of
1300	1300	the trial court is punishable by contempt.
1301	1301	SECTION 38. Section 55.51(b), Family Code, is amended to
1302	1302	read as follows:
1303	1303	(b) On a motion by a party in which it is alleged that a
1304	1304	child may not be responsible as a result of mental illness or an
1305	1305	intellectual disability for the child's conduct, the court shall
1306	1306	order the child to be examined under Section 55.04 [51.20]. The
1307	1307	information obtained from the examinations must include expert
1308	1308	opinion as to:
1309	1309	(1) whether the child is a child with mental illness or
1310	1310	an intellectual disability;
1311	1311	(2) whether the child is not responsible for the
1312	1312	child's conduct as a result of mental illness or an intellectual
1313	1313	disability;
1314	1314	(3) whether the child meets criteria for court-ordered
1315	1315	mental health or intellectual disability services under Section
1316	1316	55.05 or 55.06; and
1317	1317	(4) if applicable, the specific criteria the child
1318	1318	meets under Subdivision (3).
1319	1319	SECTION 39. Sections 55.52 and 55.54, Family Code, are
1320	1320	amended to read as follows:
1321	1321	Sec. 55.52. PROCEEDINGS FOLLOWING FINDING OF LACK OF
1322	1322	RESPONSIBILITY FOR CONDUCT. (a) If the court or jury finds that a
1323	1323	child is not responsible for the child's conduct under Section
1324	1324	55.51 as a result of mental illness or an intellectual disability,
1325	1325	the court shall:
1326	1326	(1) provided that the child meets the inpatient mental
1327	1327	health services or residential intellectual disability services
1328	1328	[commitment] criteria under Section 55.05 or 55.06 [Subtitle C or
1329	1329	D, Title 7, Health and Safety Code], order the child placed with the
1330	1330	Health and Human Services Commission [Department of State Health
1331	1331	Services or the Department of Aging and Disability Services, as
1332	1332	appropriate,] for a period of not more than 90 days, which order may
1333	1333	not specify a shorter period, for placement in a facility
1334	1334	designated by the commission [department];
1335	1335	(2) on application by the child's parent, guardian, or
1336	1336	guardian ad litem, order the child placed in a private psychiatric
1337	1337	inpatient facility or residential care facility for a period of not
1338	1338	more than 90 days, which order may not specify a shorter period, but
1339	1339	only if:
1340	1340	(A) the child's lack of responsibility is a
1341	1341	result of mental illness or an intellectual disability; and
1342	1342	(B) the placement is agreed to in writing by the
1343	1343	administrator of the facility; or
1344	1344	(3) subject to Subsection (c), if the court determines
1345	1345	that the child may be adequately treated or served in an alternative
1346	1346	setting and finds that the child does not meet criteria for
1347	1347	court-ordered inpatient mental health services or residential
1348	1348	intellectual disability services under Section 55.05 or 55.06,
1349	1349	order the child to receive treatment for mental illness or services
1350	1350	for the child's intellectual disability, as appropriate, on an
1351	1351	outpatient basis for a period of [not more than] 90 days, with the
1352	1352	possibility of extension as ordered by the court [which order may
1353	1353	not specify a shorter period].
1354	1354	(b) If the court orders a child placed in a private
1355	1355	psychiatric inpatient facility or residential care facility under
1356	1356	Subsection (a)(2) or in an alternative setting under Subsection
1357	1357	(a)(3), the state or a political subdivision of the state may be
1358	1358	ordered to pay any costs associated with the ordered services
1359	1359	[child's placement], subject to an express appropriation of funds
1360	1360	for the purpose.
1361	1361	(c) Before issuing an order described by Subsection (a)(3),
1362	1362	the court shall consult with the local juvenile probation
1363	1363	department, [and] with local treatment or service providers, with
1364	1364	the local mental health authority, and with the local intellectual
1365	1365	and developmental disability authority to determine the
1366	1366	appropriate treatment or services for the child.
1367	1367	Sec. 55.54. INFORMATION REQUIRED TO BE SENT TO FACILITY OR
1368	1368	ALTERNATIVE SETTING; REPORT TO COURT. (a) If the juvenile court
1369	1369	issues an [a placement] order under Section 55.52(a), the court
1370	1370	shall order the probation department to send copies of any
1371	1371	information in the possession of the department and relevant to the
1372	1372	issue of the child's mental illness or intellectual disability to
1373	1373	the public or private facility or alternative setting [outpatient
1374	1374	center], as appropriate.
1375	1375	(b) Not later than the 75th day after the date the court
1376	1376	issues an [a placement] order under Section 55.52(a), the public or
1377	1377	private facility or alternative setting [outpatient center], as
1378	1378	appropriate, shall submit to the court a report that:
1379	1379	(1) describes the treatment or services provided to
1380	1380	the child by the facility or alternative setting [center]; and
1381	1381	(2) states the opinion of the director of the facility
1382	1382	or alternative setting [center] as to whether the child is a child
1383	1383	with [has a] mental illness or an intellectual disability.
1384	1384	(c) If the report under Subsection (b) states that the child
1385	1385	is a child with mental illness or an intellectual disability, the
1386	1386	report must include an opinion as to whether the child meets
1387	1387	criteria for court-ordered mental health services or court-ordered
1388	1388	intellectual disability services under Section 55.05 or 55.06.
1389	1389	(d) [(c)] The court shall send a copy of the report
1390	1390	submitted under Subsection (b) to the prosecuting attorney and the
1391	1391	attorney for the child.
1392	1392	SECTION 40. Sections 55.55(b), (c), (d), and (e), Family
1393	1393	Code, are amended to read as follows:
1394	1394	(b) On objection by the prosecuting attorney under
1395	1395	Subsection (a), the juvenile court shall hold a hearing without a
1396	1396	jury to determine whether the child is a child with [has a] mental
1397	1397	illness or an intellectual disability and whether the child meets
1398	1398	the [commitment] criteria for court-ordered mental health services
1399	1399	or court-ordered intellectual disability services [civil
1400	1400	commitment] under Section 55.05 or 55.06 [Subtitle C or D, Title 7,
1401	1401	Health and Safety Code].
1402	1402	(c) At the hearing, the burden is on the state to prove by
1403	1403	clear and convincing evidence that the child is a child with [has a]
1404	1404	mental illness or an intellectual disability and that the child
1405	1405	meets the [commitment] criteria for court-ordered mental health
1406	1406	services or court-ordered intellectual disability services [civil
1407	1407	commitment] under Section 55.05 or 55.06 [Subtitle C or D, Title 7,
1408	1408	Health and Safety Code].
1409	1409	(d) If, after a hearing, the court finds that the child does
1410	1410	not have a mental illness or an intellectual disability and that the
1411	1411	child does not meet the [commitment] criteria for court-ordered
1412	1412	treatment services under Section 55.05 or 55.06 [Subtitle C or D,
1413	1413	Title 7, Health and Safety Code], the court shall discharge the
1414	1414	child.
1415	1415	(e) If, after a hearing, the court finds that the child has a
1416	1416	mental illness or an intellectual disability and that the child
1417	1417	meets the [commitment] criteria for court-ordered treatment
1418	1418	services under Section 55.05 or 55.06 [Subtitle C or D, Title 7,
1419	1419	Health and Safety Code], the court shall issue an appropriate
1420	1420	[commitment] order for court-ordered mental health services or
1421	1421	court-ordered intellectual disability services.
1422	1422	SECTION 41. Section 55.56, Family Code, is amended to read
1423	1423	as follows:
1424	1424	Sec. 55.56. REPORT THAT CHILD HAS MENTAL ILLNESS;
1425	1425	INITIATION OF [COMMITMENT] PROCEEDINGS FOR COURT-ORDERED MENTAL
1426	1426	HEALTH SERVICES. If a report submitted under Section 55.54(b)
1427	1427	states that a child is a child with [has a] mental illness and that
1428	1428	the child meets the [commitment] criteria for court-ordered mental
1429	1429	health services [civil commitment] under Section 55.05 [Subtitle C,
1430	1430	Title 7, Health and Safety Code], the director of the public or
1431	1431	private facility or alternative setting [outpatient center], as
1432	1432	appropriate, shall submit to the court two certificates of medical
1433	1433	examination for mental illness, as described by Subchapter A,
1434	1434	Chapter 574, Health and Safety Code. On receipt of the
1435	1435	certificates, the court shall:
1436	1436	(1) initiate proceedings as provided by Section 55.66
1437	1437	[55.57] in the juvenile court for court-ordered mental health
1438	1438	services for [commitment of] the child under Subtitle C, Title 7,
1439	1439	Health and Safety Code; or
1440	1440	(2) refer the child's case as provided by Section 55.68
1441	1441	[55.58] to the appropriate court for the initiation of proceedings
1442	1442	in that court for court-ordered mental health services for
1443	1443	[commitment of] the child under Subtitle C, Title 7, Health and
1444	1444	Safety Code.
1445	1445	SECTION 42. Section 55.59, Family Code, is amended to read
1446	1446	as follows:
1447	1447	Sec. 55.59. REPORT THAT CHILD HAS INTELLECTUAL DISABILITY;
1448	1448	INITIATION OF [COMMITMENT] PROCEEDINGS FOR COURT-ORDERED
1449	1449	RESIDENTIAL INTELLECTUAL DISABILITY SERVICES. If a report
1450	1450	submitted under Section 55.54(b) states that a child is a child with
1451	1451	[has] an intellectual disability and that the child meets the
1452	1452	[commitment] criteria for court-ordered residential intellectual
1453	1453	disability services under Section 55.06 [civil commitment under
1454	1454	Subtitle D, Title 7, Health and Safety Code], the director of the
1455	1455	residential care facility or alternative setting shall submit to
1456	1456	the court an affidavit stating the conclusions reached as a result
1457	1457	of the diagnosis. On receipt of an affidavit, the juvenile court
1458	1458	shall:
1459	1459	(1) initiate proceedings in the juvenile court as
1460	1460	provided by Section 55.67 [55.60] for court-ordered residential
1461	1461	intellectual disability services for [commitment of] the child
1462	1462	under Subtitle D, Title 7, Health and Safety Code; or
1463	1463	(2) refer the child's case to the appropriate court as
1464	1464	provided by Section 55.68 [55.61] for the initiation of proceedings
1465	1465	in that court for court-ordered residential intellectual
1466	1466	disability services for [commitment of] the child under Subtitle D,
1467	1467	Title 7, Health and Safety Code.
1468	1468	SECTION 43. Chapter 55, Family Code, is amended by adding
1469	1469	Subchapter E, and a heading is added to that subchapter to read as
1470	1470	follows:
1471	1471	SUBCHAPTER E. PROCEEDINGS FOR COURT-ORDERED MENTAL HEALTH OR
1472	1472	RESIDENTIAL INTELLECTUAL DISABILITY SERVICES
1473	1473	SECTION 44. Sections 55.13 and 55.14, Family Code, are
1474	1474	transferred to Subchapter E, Chapter 55, Family Code, as added by
1475	1475	this Act, redesignated as Sections 55.65 and 55.68, Family Code,
1476	1476	respectively, and amended to read as follows:
1477	1477	Sec. 55.65 [55.13]. [COMMITMENT] PROCEEDINGS IN JUVENILE
1478	1478	COURT FOR CHILD WITH MENTAL ILLNESS. (a) If the juvenile court
1479	1479	initiates proceedings for temporary or extended mental health
1480	1480	services under Section 55.12(1), the prosecuting attorney or the
1481	1481	attorney for the child may file with the juvenile court an
1482	1482	application for court-ordered mental health services under
1483	1483	Sections [Section] 574.001 and 574.002, Health and Safety Code.
1484	1484	The juvenile court shall:
1485	1485	(1) set a date for a hearing and provide notice as
1486	1486	required by Sections 574.005 and 574.006, Health and Safety Code;
1487	1487	[and]
1488	1488	(2) direct the local mental health authority to file,
1489	1489	before the date set for the hearing, its recommendation for the
1490	1490	child's proposed treatment, as required by Section 574.012, Health
1491	1491	and Safety Code;
1492	1492	(3) identify the person responsible for court-ordered
1493	1493	outpatient mental health services not later than the third day
1494	1494	before the date set for a hearing that may result in the court
1495	1495	ordering the child to receive court-ordered outpatient mental
1496	1496	health services, as required by Section 574.0125, Health and Safety
1497	1497	Code;
1498	1498	(4) appoint physicians necessary to examine the child
1499	1499	and to complete the certificates of medical examination for mental
1500	1500	illness required under Section 574.009, Health and Safety Code; and
1501	1501	(5) conduct the hearing in accordance with Subchapter
1502	1502	C, Chapter 574, Health and Safety Code.
1503	1503	(b) The burden of proof at the hearing is on the party who
1504	1504	filed the application.
1505	1505	(c) [The juvenile court shall appoint the number of
1506	1506	physicians necessary to examine the child and to complete the
1507	1507	certificates of medical examination for mental illness required
1508	1508	under Section 574.009, Health and Safety Code.
1509	1509	[(d)] After conducting a hearing on an application under
1510	1510	this section and with consideration given to the least restrictive
1511	1511	appropriate setting for treatment of the child and to the parent's,
1512	1512	managing conservator's, or guardian's availability and willingness
1513	1513	to participate in the treatment of the child, the juvenile court
1514	1514	shall:
1515	1515	(1) if the criteria under Section 55.05(a) or (b)
1516	1516	[574.034 or 574.0345, Health and Safety Code,] are satisfied, order
1517	1517	temporary inpatient or outpatient mental health services for the
1518	1518	child under Chapter 574, Health and Safety Code; or
1519	1519	(2) if the criteria under Section 55.05(c) or (d)
1520	1520	[574.035 or 574.0355, Health and Safety Code,] are satisfied, order
1521	1521	extended inpatient or outpatient mental health services for the
1522	1522	child under Chapter 574, Health and Safety Code.
1523	1523	(d) On receipt of the court's order for inpatient mental
1524	1524	health services, the Health and Human Services Commission shall
1525	1525	identify a facility and admit the child to the identified facility.
1526	1526	(e) If the child is currently detained in a juvenile
1527	1527	detention facility, the juvenile court shall:
1528	1528	(1) order the child released from detention to the
1529	1529	child's home or another appropriate place;
1530	1530	(2) order the child detained or placed in an
1531	1531	appropriate facility other than a juvenile detention facility; or
1532	1532	(3) conduct a detention hearing and, if the court
1533	1533	makes findings under Section 54.01 to support further detention of
1534	1534	the child, order the child to remain in the juvenile detention
1535	1535	facility subject to further detention orders of the court.
1536	1536	Sec. 55.68 [55.14]. REFERRAL FOR [COMMITMENT] PROCEEDINGS
1537	1537	FOR CHILD WITH MENTAL ILLNESS OR CHILD FOUND UNFIT TO PROCEED OR
1538	1538	LACKING RESPONSIBILITY FOR CONDUCT DUE TO MENTAL ILLNESS OR
1539	1539	INTELLECTUAL DISABILITY. (a) If the juvenile court refers the
1540	1540	child's case to an [the] appropriate court for the initiation of
1541	1541	[commitment] proceedings for court-ordered treatment services
1542	1542	under Section 55.12(2), 55.37(2), 55.40(2), 55.56(2), or 55.59(2),
1543	1543	the juvenile court shall:
1544	1544	(1) send to the clerk of the court to which the case is
1545	1545	referred all papers, including evaluations, examination reports,
1546	1546	court findings, orders, verdicts, judgments, and reports from
1547	1547	facilities and alternative settings, relating to:
1548	1548	(A) the child's mental illness or intellectual
1549	1549	disability;
1550	1550	(B) the child's unfitness to proceed, if
1551	1551	applicable; and
1552	1552	(C) the finding that the child was not
1553	1553	responsible for the child's conduct, if applicable [to the clerk of
1554	1554	the court to which the case is referred]; and
1555	1555	(2) send to the office of the appropriate county
1556	1556	attorney or, if a county attorney is not available, to the office of
1557	1557	the appropriate district attorney, copies of all papers sent to the
1558	1558	clerk of the court under Subdivision (1) [; and
1559	1559	[(3) if the child is in detention:
1560	1560	[(A) order the child released from detention to
1561	1561	the child's home or another appropriate place;
1562	1562	[(B) order the child detained in an appropriate
1563	1563	place other than a juvenile detention facility; or
1564	1564	[(C) if an appropriate place to release or detain
1565	1565	the child as described by Paragraph (A) or (B) is not available,
1566	1566	order the child to remain in the juvenile detention facility
1567	1567	subject to further detention orders of the court].
1568	1568	(b) The papers sent to the clerk of a court under Subsection
1569	1569	(a)(1) constitute an application for court-ordered mental health
1570	1570	services under Section 574.001, Health and Safety Code, or an
1571	1571	application for placement under Section 593.041, Health and Safety
1572	1572	Code, as applicable.
1573	1573	(c) If the child is currently detained in a juvenile
1574	1574	detention facility, the juvenile court shall:
1575	1575	(1) order the child released from detention to the
1576	1576	child's home or another appropriate place;
1577	1577	(2) order the child detained or placed in an
1578	1578	appropriate facility other than a juvenile detention facility; or
1579	1579	(3) conduct a detention hearing and, if the court
1580	1580	makes findings under Section 54.01 to support further detention of
1581	1581	the child, order the child to remain in the juvenile detention
1582	1582	facility subject to further detention orders of the court.
1583	1583	SECTION 45. Sections 55.38 and 55.41, Family Code, are
1584	1584	transferred to Subchapter E, Chapter 55, Family Code, as added by
1585	1585	this Act, redesignated as Sections 55.66 and 55.67, Family Code,
1586	1586	respectively, and amended to read as follows:
1587	1587	Sec. 55.66 [55.38]. [COMMITMENT] PROCEEDINGS IN JUVENILE
1588	1588	COURT FOR CHILD FOUND UNFIT TO PROCEED OR LACKING RESPONSIBILITY
1589	1589	FOR CONDUCT DUE TO MENTAL ILLNESS. (a) If the juvenile court
1590	1590	initiates [commitment] proceedings for court-ordered mental health
1591	1591	services under Section 55.37(1) or 55.56(1), the prosecuting
1592	1592	attorney may file with the juvenile court an application for
1593	1593	court-ordered mental health services under Sections [Section]
1594	1594	574.001 and 574.002, Health and Safety Code. The juvenile court
1595	1595	shall:
1596	1596	(1) set a date for a hearing and provide notice as
1597	1597	required by Sections 574.005 and 574.006, Health and Safety Code;
1598	1598	[and]
1599	1599	(2) direct the local mental health authority to file,
1600	1600	before the date set for the hearing, its recommendation for the
1601	1601	child's proposed treatment, as required by Section 574.012, Health
1602	1602	and Safety Code;
1603	1603	(3) identify the person responsible for court-ordered
1604	1604	outpatient mental health services at least three days before the
1605	1605	date of a hearing that may result in the court ordering the child to
1606	1606	receive court-ordered outpatient mental health services, as
1607	1607	required by Section 574.012, Health and Safety Code; and
1608	1608	(4) conduct the hearing in accordance with Subchapter
1609	1609	C, Chapter 574, Health and Safety Code.
1610	1610	(b) After conducting a hearing under this section and with
1611	1611	consideration given to the least restrictive appropriate setting
1612	1612	for treatment of the child and to the parent's, managing
1613	1613	conservator's, or guardian's availability and willingness to
1614	1614	participate in the treatment of the child [Subsection (a)(2)], the
1615	1615	juvenile court shall:
1616	1616	(1) if the criteria for court-ordered mental health
1617	1617	services under Section 55.05(a) or (b) [574.034 or 574.0345, Health
1618	1618	and Safety Code,] are satisfied, order temporary inpatient or
1619	1619	outpatient mental health services; or
1620	1620	(2) if the criteria for court-ordered mental health
1621	1621	services under Section 55.05(c) or (d) [574.035 or 574.0355, Health
1622	1622	and Safety Code,] are satisfied, order extended inpatient or
1623	1623	outpatient mental health services.
1624	1624	(c) On receipt of the court's order for inpatient mental
1625	1625	health services, the Health and Human Services Commission shall
1626	1626	identify a facility and admit the child to the identified facility.
1627	1627	(d) If the child is currently detained in a juvenile
1628	1628	detention facility, the juvenile court shall:
1629	1629	(1) order the child released from detention to the
1630	1630	child's home or another appropriate place;
1631	1631	(2) order the child detained or placed in an
1632	1632	appropriate facility other than a juvenile detention facility; or
1633	1633	(3) conduct a detention hearing and, if the court
1634	1634	makes findings under Section 54.01 to support further detention of
1635	1635	the child, order the child to remain in the juvenile detention
1636	1636	facility subject to further detention orders of the court.
1637	1637	Sec. 55.67 [55.41]. [COMMITMENT] PROCEEDINGS IN JUVENILE
1638	1638	COURT FOR CHILD FOUND UNFIT TO PROCEED OR LACKING RESPONSIBILITY
1639	1639	FOR CONDUCT DUE TO [CHILDREN WITH] INTELLECTUAL DISABILITY. (a) If
1640	1640	the juvenile court initiates [commitment] proceedings under
1641	1641	Section 55.40(1) or 55.59(1), the prosecuting attorney may file
1642	1642	with the juvenile court an application for an interdisciplinary
1643	1643	team report and recommendation that the child is in need of
1644	1644	long-term placement in a residential care facility, under Section
1645	1645	593.041, Health and Safety Code. The juvenile court shall:
1646	1646	(1) set a date for a hearing and provide notice as
1647	1647	required by Sections 593.047 and 593.048, Health and Safety Code;
1648	1648	and
1649	1649	(2) conduct the hearing in accordance with Sections
1650	1650	593.049-593.056, Health and Safety Code.
1651	1651	(b) After conducting a hearing under this section and with
1652	1652	consideration given to the least restrictive appropriate setting
1653	1653	for services for the child and to the parent's, managing
1654	1654	conservator's, or guardian's availability and willingness to
1655	1655	participate in the services for the child [Subsection (a)(2)], the
1656	1656	juvenile court may order residential intellectual disability
1657	1657	services for the child if the [commitment of the child to a
1658	1658	residential care facility if the commitment] criteria under Section
1659	1659	55.06 [593.052, Health and Safety Code,] are satisfied.
1660	1660	(c) On receipt of the court's order, the Health and Human
1661	1661	Services Commission [Department of Aging and Disability Services or
1662	1662	the appropriate community center] shall identify a residential care
1663	1663	facility and admit the child to the identified [a residential care]
1664	1664	facility.
1665	1665	(d) If the child is currently detained in a juvenile
1666	1666	detention facility, the juvenile court shall:
1667	1667	(1) order the child released from detention to the
1668	1668	child's home or another appropriate place;
1669	1669	(2) order the child detained or placed in an
1670	1670	appropriate facility other than a juvenile detention facility; or
1671	1671	(3) conduct a detention hearing and, if the court
1672	1672	makes findings under Section 54.01 to support further detention of
1673	1673	the child, order the child to remain in the juvenile detention
1674	1674	facility subject to further detention orders of the court.
1675	1675	SECTION 46. Section 573.012, Health and Safety Code, is
1676	1676	amended by adding Subsections (d-1) and (d-2) and amending
1677	1677	Subsection (h) to read as follows:
1678	1678	(d-1) A peace officer who apprehends a person under this
1679	1679	section may immediately seize any firearm found in the person's
1680	1680	possession. A peace officer who seizes a firearm under this
1681	1681	subsection must comply with the requirements of Article 18.191,
1682	1682	Code of Criminal Procedure.
1683	1683	(d-2) A peace officer who transports an apprehended person
1684	1684	to a facility in accordance with this section:
1685	1685	(1) is not required to remain at the facility while the
1686	1686	person is medically screened or treated or while the person's
1687	1687	insurance coverage is verified; and
1688	1688	(2) may leave the facility immediately after:
1689	1689	(A) the person is taken into custody by
1690	1690	appropriate facility staff; and
1691	1691	(B) the peace officer provides to the facility
1692	1692	the required documentation.
1693	1693	(h) A judge or magistrate may permit an applicant who is a
1694	1694	physician or a licensed mental health professional employed by a
1695	1695	local mental health authority to present an application by:
1696	1696	(1) e-mail with the application attached as a secure
1697	1697	document in a portable document format (PDF); or
1698	1698	(2) secure electronic means, including:
1699	1699	(A) satellite transmission;
1700	1700	(B) closed-circuit television transmission; or
1701	1701	(C) any other method of two-way electronic
1702	1702	communication that:
1703	1703	(i) is secure;
1704	1704	(ii) is available to the judge or
1705	1705	magistrate; and
1706	1706	(iii) provides for a simultaneous,
1707	1707	compressed full-motion video and interactive communication of
1708	1708	image and sound between the judge or magistrate and the applicant.
1709	1709	SECTION 47. Section 574.106, Health and Safety Code, is
1710	1710	amended by adding Subsection (m) to read as follows:
1711	1711	(m) An order issued under this section authorizes the taking
1712	1712	of a patient's blood sample to conduct reasonable and medically
1713	1713	necessary evaluations and laboratory tests to safely administer a
1714	1714	psychoactive medication authorized by the order.
1715	1715	SECTION 48. The following provisions are repealed:
1716	1716	(1) Sections 55.39, 55.42, 55.57, 55.58, 55.60, and
1717	1717	55.61, Family Code;
1718	1718	(2) Article 46B.071(b), Code of Criminal Procedure;
1719	1719	(3) Articles 46B.073(e) and (f), Code of Criminal
1720	1720	Procedure; and
1721	1721	(4) Sections 574.035(d) and 574.0355(b), Health and
1722	1722	Safety Code.
1723	1723	SECTION 49. Chapters 51 and 55, Family Code, as amended by
1724	1724	this Act, apply only to a juvenile court hearing or proceeding that
1725	1725	commences on or after the effective date of this Act. A juvenile
1726	1726	court hearing or proceeding that commences before the effective
1727	1727	date of this Act is governed by the law in effect on the date the
1728	1728	hearing or proceeding commenced, and the former law is continued in
1729	1729	effect for that purpose.
1730	1730	SECTION 50. This Act takes effect September 1, 2023.