Relating to procedures regarding certain persons who are or may be persons with a mental illness or intellectual or developmental disability.
Impact
The implications of HB 5465 on state laws are substantial, as it amends existing statutes to better accommodate mental health needs within the criminal justice system. This includes establishing mental health courts, which can handle defendants charged with offenses while considering their mental state. By introducing structured protocols for competency evaluations and treatment orders, the bill aims to improve the outcomes for defendants who struggle with mental health issues, minimizing the time spent in jail without needed treatment. It also facilitates the expungement of charges upon successful completion of treatment programs.
Summary
House Bill 5465 addresses procedures relating to individuals with mental health conditions or intellectual disabilities within the state's criminal justice system. The bill aims to establish clearer guidelines for the diversion of individuals suffering from mental health crises or substance abuse, emphasizing treatment over incarceration. It proposes significant amendments to the Texas Code of Criminal Procedure, particularly Article 16.23, which governs how law enforcement should handle these individuals, advocating for their diversion to treatment facilities instead of traditional correctional facilities.
Sentiment
Reactions to HB 5465 have been largely positive among mental health advocates and legal experts, who commend it for promoting a more humane approach to handling individuals with mental illnesses within the legal system. However, there are concerns regarding the resources available to implement these programs effectively. Critics argue that without adequate funding and training for law enforcement and judicial personnel, the bill may not achieve its intended outcomes. Nonetheless, support remains strong among those who view rehabilitative approaches as preferable to punitive ones.
Contention
Notable points of contention surrounding the bill include discussions about the adequacy of resources to support the proposed mental health court programs. Skeptics also raise concerns regarding the potential for increased case loads for mental health courts without adequate support systems in place, which could lead to delays in treatment and care. Furthermore, some legislators are wary of how these changes might affect public safety and the handling of violent offenders who may also have mental health issues.
Texas Constitutional Statutes Affected
Code Of Criminal Procedure
Chapter 46. Miscellaneous Provisions Relating To Mental Illness And Intellectual Disability
Section: New Section
Section: New Section
Section: New Section
Chapter 16. The Commitment Or Discharge Of The Accused
Identical
Relating to procedures regarding certain persons who are or may be persons with a mental illness or intellectual or developmental disability.
Relating to procedures regarding defendants who may lack the capacity to understand or participate in criminal proceedings or who have participated in certain competency restoration programs.
Relating to the terminology used in statute to refer to intellectual disability and certain references to abolished health and human services agencies.
Relating to procedures regarding criminal defendants who are or may be persons with a mental illness or an intellectual disability and to certain duties of the Office of Court Administration of the Texas Judicial System related to persons with mental illness.
Relating to procedures regarding criminal defendants who are or may be persons with a mental illness or an intellectual disability and to the period for which a person may be committed to receive certain temporary mental health services.
Relating to individuals who are or may be persons with a mental illness or an intellectual disability and who are or have been involved with the court system.