Texas Senate Bill SB1785

Texas 2025 - 89th Regular

• Filed: 2/28/25

Caption

Relating to the confinement in a county jail of certain defendants who are incompetent to stand trial and to the compensation to the county for the costs of that confinement and of the provision of jail-based competency restoration services.

Impact

The implementation of SB1785 is expected to modify certain procedures in the Texas Code of Criminal Procedure, particularly Articles related to the transfer and custody of defendants requiring mental health evaluations. As of January 1, 2026, counties will receive compensation for jail-based competency restoration services they provide. This change indicates a shift towards better management of defendants' mental health needs while also providing financial relief to counties managing these situations—acknowledging the state's responsibility in funding appropriate mental health treatment.

Summary

SB1785 addresses the issues surrounding defendants who are deemed incompetent to stand trial. This legislation mandates that the commission responsible for the oversight of such defendants must take custody of them within a specified timeframe, thereby alleviating prolonged confinement in county jails. If the commission fails to do so, it is required to compensate the county for each day the defendant remains in custody beyond the mandated period. This clause aims to ensure that counties are not unduly burdened with the costs associated with holding defendants who should be receiving specialized mental health care instead of remaining in jail.

Contention

Some potential points of contention surrounding SB1785 may include discussions about the adequacy of the proposed compensation rates and whether they accurately reflect the costs incurred by counties. Furthermore, the bill raises questions regarding the provision and quality of the competency restoration services offered to defendants. Stakeholders may have differing opinions on whether the legislation sufficiently addresses these issues or if it might place additional pressure on existing mental health services, which are already stretched thin in many areas of Texas.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

• Chapter 46. Miscellaneous Provisions Relating To Mental Illness And Intellectual Disability
  • Section: New Section