Relating to procedures regarding certain persons who are or may be persons with a mental illness or intellectual or developmental disability.
Impact
If enacted, SB2213 would introduce changes to various sections of the Code of Criminal Procedure, establishing mandates for law enforcement to formulate diversion plans and submit annual reports on their effectiveness. Additionally, it creates structured protocols for assessing a defendant's capacity to understand legal proceedings and participate in their own defense. This legislation seeks to enhance the rights of defendants with mental health issues and ensures that the criminal justice system may act with a focus on rehabilitation rather than punishment, thereby aligning legal practices with mental health frameworks.
Summary
Senate Bill 2213 proposes significant reforms regarding the handling of individuals with mental illness or intellectual disabilities within the criminal justice system. The bill emphasizes the need for local law enforcement agencies to actively divert individuals undergoing mental health crises or substance abuse issues into treatment programs rather than arresting them. This approach aims to provide immediate assistance and care, potentially reducing the number of individuals entering the criminal justice system and addressing their underlying health issues instead of penalizing them for non-violent offenses.
Contention
Notably, while proponents advocate for the bill's intent to improve mental health outcomes and reduce incarceration rates, there might be concerns regarding the adequacy of available treatment facilities and the real-world capability of law enforcement agencies to implement these diversion programs effectively. Furthermore, the fiscal implications of such a broad initiative could spark debate, particularly regarding the allocation of state resources and the training necessary for law enforcement personnel to respond appropriately to mental health crises.
Texas Constitutional Statutes Affected
Government Code
Chapter 125. Mental Health Court Programs
Section: 001
Section: 002
Section: 003
Section: 005
Health And Safety Code
Chapter 574. Court-ordered Mental Health Services
Section: 101
Code Of Criminal Procedure
Chapter 16. The Commitment Or Discharge Of The Accused
Section: New Section
Chapter 45. Justice And Municipal Courts
Section: New Section
Chapter 46. Miscellaneous Provisions Relating To Mental Illness And Intellectual Disability
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.