89R5564 EAS-D
By: Zaffirini S.B. No. 2213
A BILL TO BE ENTITLED
AN ACT
relating to procedures regarding certain persons who are or may be
persons with a mental illness or intellectual or developmental
disability.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 16.23, Code of Criminal Procedure, is
amended to read as follows:
Art. 16.23. DIVERSION OF PERSONS SUFFERING MENTAL HEALTH
CRISIS OR SUBSTANCE ABUSE ISSUE. (a) Each local law enforcement
agency shall make a good faith effort to divert a person suffering a
mental health crisis or suffering from the effects of substance
abuse to a facility or program where the person can receive
treatment or services for the person's mental health crisis or
substance abuse issue.
(b) Diversion for treatment or services is appropriate
under this article [proper treatment center in the agency's
jurisdiction] if:
(1) [there is an available and appropriate treatment
center in the agency's jurisdiction to which the agency may divert
the person;
[(2)] it is reasonable under the circumstances to
divert the person;
(2) [(3)] the offense that the person is accused of is
a misdemeanor, other than a misdemeanor involving violence; and
(3) [(4)] the mental health crisis or substance abuse
issue is suspected to be the reason the person committed the alleged
offense.
(c) [(b)] Subsection (a) does not apply to a person who is
accused of an offense under Section 49.04, 49.045, 49.05, 49.06,
49.061, 49.065, 49.07, or 49.08, Penal Code.
(d) Each local law enforcement agency shall adopt a plan for
diverting a person suffering a mental health crisis or suffering
from the effects of substance abuse in accordance with this article
and shall submit an annual report on the plan, including any changes
to the plan, to the:
(1) governing body of each county or municipality
served by the agency; and
(2) Texas Commission on Law Enforcement.
SECTION 2. Subchapter C, Chapter 45A, Code of Criminal
Procedure, is amended by adding Article 45A.109 to read as follows:
Art. 45A.109. DISMISSAL BASED ON DEFENDANT'S LACK OF
CAPACITY. (a) On motion by the state, the defendant, or a person
standing in parental relation to the defendant, or on the court's
own motion, a justice or judge shall determine whether probable
cause exists to believe that a defendant, including a defendant who
is a child as defined by Article 45A.453(a) or a defendant with a
mental illness or intellectual or developmental disability, lacks
the capacity to understand the proceedings in criminal court or to
assist in the defendant's own defense and is unfit to proceed.
(b) If the justice or judge determines that probable cause
exists for a finding under Subsection (a), after providing notice
to the state, the justice or judge may dismiss the complaint.
(c) A dismissal of a complaint under Subsection (b) may be
appealed as provided by Article 45A.202.
SECTION 3. Article 46B.025(b), Code of Criminal Procedure,
is amended to read as follows:
(b) If in the opinion of an expert appointed under Article
46B.021 the defendant is incompetent to proceed, the expert shall
state in the report:
(1) the symptoms, exact nature, severity, and expected
duration of the deficits resulting from the defendant's mental
illness or intellectual disability, if any, and the impact of the
identified condition on the factors listed in Article 46B.024;
(2) an estimate of the period needed to restore the
defendant's competency;
(3) [, including] whether the defendant is likely to
be restored to competency in the initial restoration period
authorized under Subchapter D, including any possible extension
under Article 46B.080 [foreseeable future]; and
(4) [(3)] prospective treatment options, if any,
appropriate for the defendant.
SECTION 4. Article 46B.055, Code of Criminal Procedure, is
amended to read as follows:
Art. 46B.055. PROCEDURE AFTER FINDING OF INCOMPETENCY. If
the defendant is found incompetent to stand trial, the court shall:
(1) proceed under Subchapter D if the court determines
that the defendant is likely to be restored to competency in the
restoration period authorized under that subchapter, including any
possible extension under Article 46B.080; or
(2) for a defendant whom the court determines is
unlikely to be restored to competency in the period described by
Subdivision (1):
(A) proceed under Subchapter E or F; or
(B) release the defendant on bail as permitted
under Chapter 17.
SECTION 5. Article 46B.071(a), Code of Criminal Procedure,
is amended to read as follows:
(a) On [Except as provided by Subsection (b), on] a
determination under Article 46B.055(1) that a defendant is
incompetent to stand trial and is likely to be restored to
competency in the period authorized under this subchapter,
including any possible extension under Article 46B.080, the court
shall:
(1) if the defendant is charged with an offense
punishable as a Class B misdemeanor, or is charged with an offense
punishable as a Class A misdemeanor that did not result in bodily
injury to another person and the defendant has not been convicted in
the preceding two years of an offense that resulted in bodily injury
to another person:
(A) release the defendant on bail under Article
46B.0711; or
(B) if an outpatient competency restoration
program is unavailable or the defendant cannot be placed in an
outpatient competency restoration program before the 14th day after
the date of the court's order:
(i) on the motion of the attorney
representing the state, dismiss the charge and proceed under
Subchapter F; or
(ii) on the motion of the attorney
representing the defendant and notice to the attorney representing
the state:
(a) set the matter to be heard not
later than the 10th day after the date of filing of the motion; and
(b) dismiss the charge and proceed
under Subchapter F on a finding that an outpatient competency
restoration program is unavailable or that the defendant cannot be
placed in an outpatient competency restoration program before the
14th day after the date of the court's order; or
[(B) commit the defendant to:
[(i) a jail-based competency restoration
program under Article 46B.073(e); or
[(ii) a mental health facility or
residential care facility under Article 46B.073(f); or]
(2) if the defendant is charged with an offense
punishable as a Class A misdemeanor that resulted in bodily injury
to another person or any higher category of offense or if the
defendant is charged with an offense punishable as a Class A
misdemeanor that did not result in bodily injury to another person
and the defendant has been convicted in the preceding two years of
an offense that resulted in bodily injury to another person:
(A) release the defendant on bail under Article
46B.072; or
(B) commit the defendant to a facility or a
jail-based competency restoration program under Article 46B.073(b)
[46B.073(c) or (d)].
SECTION 6. The heading to Article 46B.0711, Code of
Criminal Procedure, is amended to read as follows:
Art. 46B.0711. RELEASE ON BAIL: CERTAIN OFFENSES NOT
INVOLVING BODILY INJURY [FOR CLASS B MISDEMEANOR].
SECTION 7. Article 46B.0711(b), Code of Criminal Procedure,
is amended to read as follows:
(b) Subject to conditions reasonably related to ensuring
public safety and the effectiveness of the defendant's treatment,
if the court determines that a defendant charged with an offense
punishable as a Class B misdemeanor, or charged under the
circumstances described by Article 46B.071(a)(1) with an offense
punishable as a Class A misdemeanor, and found incompetent to stand
trial is not a danger to others and may be safely treated on an
outpatient basis with the specific objective of attaining
competency to stand trial, and an appropriate outpatient competency
restoration program is available for the defendant, the court
shall:
(1) release the defendant on bail or continue the
defendant's release on bail; and
(2) order the defendant to participate in an
outpatient competency restoration program for a period not to
exceed 60 days.
SECTION 8. The heading to Article 46B.072, Code of Criminal
Procedure, is amended to read as follows:
Art. 46B.072. RELEASE ON BAIL: FELONIES; CERTAIN OFFENSES
INVOLVING BODILY INJURY [FOR FELONY OR CLASS A MISDEMEANOR].
SECTION 9. Article 46B.072(a-1), Code of Criminal
Procedure, is amended to read as follows:
(a-1) Subject to conditions reasonably related to ensuring
public safety and the effectiveness of the defendant's treatment,
[if] the court may release on bail, or continue the release on bail
of, [determines that] a defendant charged with an offense
punishable as a felony, or charged under the circumstances
described by Article 46B.071(a)(2) with an offense punishable as
[or] a Class A misdemeanor and found incompetent to stand trial if
the court determines the defendant is not a danger to others and may
be safely treated on an outpatient basis with the specific
objective of attaining competency to stand trial, and an
appropriate outpatient competency restoration program is available
for the defendant[, the court:
[(1) may release on bail a defendant found incompetent
to stand trial with respect to an offense punishable as a felony or
may continue the defendant's release on bail; and
[(2) shall release on bail a defendant found
incompetent to stand trial with respect to an offense punishable as
a Class A misdemeanor or shall continue the defendant's release on
bail].
SECTION 10. Articles 46B.073(a) and (b), Code of Criminal
Procedure, are amended to read as follows:
(a) This article applies only to a defendant not released on
bail who is subject to an initial restoration period based on
Article 46B.071(a)(2)(B) [46B.071].
(b) For purposes of further examination and competency
restoration services with the specific objective of the defendant
attaining competency to stand trial, the court shall commit a
defendant described by Subsection (a) to a mental health facility
or [,] residential care facility designated by the commission[,] or
a jail-based competency restoration program for the applicable
period as follows:
(1) a period of not more than 60 days, if the defendant
is charged with an offense punishable as a Class A misdemeanor; or
(2) a period of not more than 120 days, if the
defendant is charged with an offense punishable as a felony.
SECTION 11. Article 46B.077(a), Code of Criminal Procedure,
is amended to read as follows:
(a) The facility or jail-based competency restoration
program to which the defendant is committed or the outpatient
competency restoration program to which the defendant is released
on bail shall:
(1) develop an individual program of treatment;
(2) assess and evaluate whether the defendant is
likely to be restored to competency in the period authorized under
this subchapter, including any possible extension under Article
46B.080 [foreseeable future]; and
(3) report to the court and to the local mental health
authority or to the local intellectual and developmental disability
authority on the defendant's progress toward achieving competency.
SECTION 12. Articles 46B.079(b) and (b-1), Code of Criminal
Procedure, are amended to read as follows:
(b) The head of the facility or jail-based competency
restoration program provider shall promptly notify the court when
the head of the facility or program provider believes that:
(1) the defendant is clinically ready and can be
safely transferred to a competency restoration program for
education services but has not yet attained competency to stand
trial;
(2) the defendant has attained competency to stand
trial; or
(3) the defendant is not likely to attain competency
in the period authorized under this subchapter, including any
possible extension under Article 46B.080 [foreseeable future].
(b-1) The outpatient competency restoration program
provider shall promptly notify the court when the program provider
believes that:
(1) the defendant has attained competency to stand
trial; or
(2) the defendant is not likely to attain competency
in the period authorized under this subchapter, including any
possible extension under Article 46B.080 [foreseeable future].
SECTION 13. Articles 46B.084(a-1) and (b), Code of Criminal
Procedure, are amended to read as follows:
(a-1)(1) Following the defendant's return to the court, the
court shall make a determination with regard to the defendant's
competency to stand trial. The court may make the determination
based only on the most recent report that is filed under Article
46B.079(c) and based on notice under that article, other than
notice under Subsection (b)(1) of that article, and on other
medical information or personal history information relating to the
defendant. A party may object in writing or in open court to the
findings of the most recent report not later than the 15th day after
the date on which the court received the applicable notice under
Article 46B.079. If no party objects to the findings of the most
recent report within that period, the [The] court shall make the
determination not later than the 20th day after the date on which
the court received the applicable notice under Article 46B.079, or
not later than the fifth day after the date of the defendant's
return to court, whichever occurs first [, regardless of whether a
party objects to the report as described by this subsection and the
issue is set for hearing under Subsection (b)].
(2) Notwithstanding Subdivision (1), in a county with
a population of less than 1.2 million or in a county with a
population of four million or more, if no party objects to the
findings of the most recent report within the period specified by
that subdivision, the court shall make the determination described
by that subdivision not later than the 20th day after the date on
which the court received notification under Article 46B.079 [,
regardless of whether a party objects to the report as described by
that subdivision and the issue is set for a hearing under Subsection
(b)].
(b) If a party objects as provided by [under] Subsection
(a-1) and raises a suggestion that the defendant may no longer be
competent to stand trial, the court shall determine, by informal
inquiry not later than the fifth day after the date of the
objection, whether there exists any evidence from a credible source
that the defendant may no longer be competent. If, after an
informal inquiry, the court determines that evidence from a
credible source exists to support a finding of incompetency, the
court shall order a further examination under Subchapter B to
determine whether the defendant is incompetent to stand trial.
Following receipt of the expert's report under that subchapter, the
issue shall be set for a hearing not later than the 10th day after
the date the report is received by the court. The hearing is before
the court, except that on motion by the defendant, the defense
counsel, the prosecuting attorney, or the court, the hearing shall
be held before a jury.
SECTION 14. Subchapter D, Chapter 46B, Code of Criminal
Procedure, is amended by adding Article 46B.0855 to read as
follows:
Art. 46B.0855. RAISING ISSUE OF INCOMPETENCY WHEN CRIMINAL
PROCEEDINGS ARE NOT TIMELY RESUMED. If the court has found the
defendant competent to stand trial under Article 46B.084, but the
criminal proceedings against the defendant were not resumed within
the period specified by Subsection (d) of that article, the court
shall, on motion of either party suggesting that the defendant may
no longer be competent to stand trial, follow the procedures
provided under Subchapters A and B, except any subsequent court
orders for treatment must be issued under Subchapter E or F. If,
following the end of the period specified by Article 46B.084(d),
the court suspects that the defendant may no longer be competent to
stand trial, the court may make that suggestion under this article
on its own motion.
SECTION 15. Article 46B.086, Code of Criminal Procedure, is
amended by amending Subsections (a), (d), and (f) and adding
Subsection (h) to read as follows:
(a) This article applies only to a defendant:
(1) who is determined under this chapter to be
incompetent to stand trial;
(2) who either:
(A) remains confined in a correctional facility,
as defined by Section 1.07, Penal Code, for a period exceeding 72
hours while awaiting transfer to an inpatient mental health
facility, a residential care facility, or an outpatient competency
restoration program;
(B) is committed to an inpatient mental health
facility, a residential care facility, or a jail-based competency
restoration program for the purpose of competency restoration;
(C) is confined in a correctional facility while
awaiting further criminal proceedings following competency
restoration; or
(D) is subject to Article 46B.072, if the court
has made the determinations required by Subsection (a-1) of that
article;
(3) for whom a correctional facility or jail-based
competency restoration program that employs or contracts with a
primary care provider to provide mental health services [licensed
psychiatrist], an inpatient mental health facility, a residential
care facility, or an outpatient competency restoration program
provider has prepared a continuity of care plan that requires the
defendant to take psychoactive medications; and
(4) who, after a hearing held under Section 574.106 or
592.156, Health and Safety Code, if applicable, has been found to
not meet the criteria prescribed by Sections 574.106(a) and (a-1)
or 592.156(a) and (b), Health and Safety Code, for court-ordered
administration of psychoactive medications.
(d) The court may issue an order under this article only if
the order is supported by the testimony of [two physicians, one of
whom is] the primary care provider [physician] at or with the
applicable facility or program who is prescribing the medication as
a component of the defendant's continuity of care plan [and another
who is not otherwise involved in proceedings against the
defendant]. The court may require the primary care provider
[either or both physicians] to examine the defendant and report on
the examination to the court.
(f) A statement made by a defendant to a primary care
provider [physician] during an examination under Subsection (d) may
not be admitted against the defendant in any criminal proceeding,
other than at:
(1) a hearing on the defendant's incompetency; or
(2) any proceeding at which the defendant first
introduces into evidence the contents of the statement.
(h) In this article, "primary care provider" has the meaning
assigned by Section 574.101, Health and Safety Code.
SECTION 16. Articles 46B.091(d), (g), (i), (j), and (j-1),
Code of Criminal Procedure, are amended to read as follows:
(d) A jail-based competency restoration program provider
must:
(1) provide jail-based competency restoration
services, through the use of a multidisciplinary treatment team,
that are [:
[(A)] directed toward the specific objective of
restoring the defendant's competency to stand trial; [and
[(B) similar to other competency restoration
programs;]
(2) employ or contract for the services of at least one
psychiatrist to oversee a defendant's medication management;
(3) provide jail-based competency restoration
services through licensed or qualified mental health
professionals;
(4) provide weekly competency restoration hours
commensurate to the hours provided as part of a competency
restoration program at an inpatient mental health facility;
(5) operate the program in the jail in a designated
space that is separate from the space used for the general
population of the jail;
(6) ensure coordination with the jail's behavioral
health provider regarding a defendant's treatment plan [of general
health care];
(7) provide mental health treatment and substance use
disorder treatment to defendants, as necessary, for competency
restoration; and
(8) ensure the provision of [supply] clinically
appropriate psychoactive medications for purposes of administering
court-ordered medication to defendants as applicable and in
accordance with Article 46B.086 of this code or Section 574.106,
Health and Safety Code.
(g) A psychiatrist or psychologist for the provider who has
the qualifications described by Article 46B.022 shall evaluate the
defendant's competency and report to the court as required by
Article 46B.079. The psychiatrist or psychologist performing the
evaluation is not required to be appointed by the court as a
disinterested expert under Article 46B.021.
(i) If at any time during a defendant's commitment to a
program implemented under this article the psychiatrist or
psychologist for the provider determines that the defendant's
competency to stand trial is unlikely to be restored in the period
authorized under this subchapter, including any possible extension
under Article 46B.080 [foreseeable future]:
(1) the psychiatrist or psychologist for the provider
shall promptly issue and send to the court a report demonstrating
that fact; and
(2) the court shall:
(A) proceed under Subchapter E or F and order the
transfer of the defendant, without unnecessary delay, to the first
available facility that is appropriate for that defendant, as
provided under Subchapter E or F, as applicable; or
(B) release the defendant on bail as permitted
under Chapter 17.
(j) Based on a review of the defendant's progress toward
achieving competency, if the jail-based competency restoration
program provider believes that a defendant [If the psychiatrist or
psychologist for the provider determines that a defendant committed
to a program implemented under this article] has not been restored
to competency by the end of the 60th day after the date the
defendant began to receive services in the program, the provider
[jail-based competency restoration program] shall continue to
provide competency restoration services to the defendant for the
period authorized by Article 46B.073(b) [by this subchapter],
including any extension ordered under Article 46B.080, unless:
(1) the provider [jail-based competency restoration
program] is notified that space at an inpatient mental health
facility or residential care facility [a facility or outpatient
competency restoration program] appropriate for the defendant is
available or the provider believes that the defendant is clinically
ready and can be safely transferred to an outpatient competency
restoration program; and
(2) [,] as applicable based on the period for which the
services are authorized:
(A) [(1)] for a defendant charged with a felony,
not less than 45 days are remaining in the initial restoration
period; or
(B) [(2)] for a defendant charged with a felony
or a misdemeanor, an extension has been ordered under Article
46B.080 and not less than 45 days are remaining under the extension
order.
(j-1) After receipt of a notice under Subsection (j) that
space at an inpatient mental health facility or residential care
facility is available, the defendant shall be transferred without
unnecessary delay to the appropriate mental health facility or [,]
residential care facility [, or outpatient competency restoration
program] for the remainder of the period permitted by Article
46B.073(b) [this subchapter], including any extension that may be
ordered under Article 46B.080 if an extension has not previously
been ordered under that article. If the provider believes that the
defendant is clinically ready and can be safely transferred to an
outpatient competency restoration program, the provider must
promptly notify the court to allow the court to evaluate whether to
order the transfer of the defendant to an outpatient competency
restoration program in accordance with Subsection (m). If the
defendant is not transferred, and if the psychiatrist or
psychologist for the provider determines that the defendant has not
been restored to competency by the end of the period authorized by
this subchapter, the defendant shall be returned to the court for
further proceedings. For a defendant charged with a felony or a
misdemeanor, the court may:
(1) proceed under Subchapter E or F;
(2) release the defendant on bail as permitted under
Chapter 17; or
(3) dismiss any misdemeanor charge [the charges] in
accordance with Article 46B.010.
SECTION 17. Article 46B.101, Code of Criminal Procedure, is
amended to read as follows:
Art. 46B.101. APPLICABILITY. This subchapter applies to a
defendant against whom a court is required to proceed according to
Article 46B.084(e) or 46B.0855 or according to the court's
appropriate determination under Article 46B.055(2) [46B.071].
SECTION 18. Article 46B.103(c), Code of Criminal Procedure,
is amended to read as follows:
(c) If the court enters an order committing the defendant to
a residential care facility, the defendant shall be:
(1) treated and released in accordance with Subtitle
D, Title 7, Health and Safety Code, except as otherwise provided by
this chapter; and
(2) released in conformity with Article 46B.1075
[46B.107].
SECTION 19. Article 46B.104, Code of Criminal Procedure, is
amended to read as follows:
Art. 46B.104. CIVIL COMMITMENT PLACEMENT: FINDING OF
VIOLENCE. (a) This article applies to a [A] defendant committed to
a commission-designated facility as a result of proceedings
initiated under this chapter [shall be committed to the facility
designated by the commission] if:
(1) the defendant is charged with an offense listed in
Article 17.032(a); or
(2) the indictment charging the offense alleges an
affirmative finding under Article 42A.054(c) or (d).
(b) The court shall send a copy of the order of commitment to
the applicable facility.
(c) For a defendant whose initial commitment is under this
subchapter as provided by Article 46B.055(2), the court shall:
(1) provide to the facility copies of the following
items made available to the court during the incompetency trial:
(A) reports of each expert;
(B) psychiatric, psychological, or social work
reports that relate to the current mental condition of the
defendant;
(C) documents provided by the attorney
representing the state or the defendant's attorney that relate to
the defendant's current or past mental condition;
(D) copies of the indictment or information and
any supporting documents used to establish probable cause in the
case;
(E) the defendant's criminal history record
information; and
(F) the addresses of the attorney representing
the state and the defendant's attorney; and
(2) direct the court reporter to promptly prepare and
provide to the facility transcripts of all medical testimony
received by the jury or court.
SECTION 20. Article 46B.1055, Code of Criminal Procedure,
is amended by amending Subsections (b), (c), (d), (g), and (i) and
adding Subsections (b-1) and (c-1) to read as follows:
(b) The defendant, the head of the mental health facility to
which the defendant is committed, or the attorney representing the
state may request that the court modify an order for inpatient
mental health treatment [or residential care] to order the
defendant to participate in an outpatient treatment program.
(b-1) The defendant, the head of the residential care
facility to which the defendant is committed, or the attorney
representing the state may request that the court modify an order
for commitment to a residential care facility.
(c) If the head of the mental health facility to which the
defendant is committed makes a request under Subsection (b), not
later than the 14th day after the date of the request the court
shall hold a hearing to determine whether the court should modify
the order for inpatient mental health treatment [or residential
care] in accordance with Subtitle C, Title 7, Health and Safety
Code.
(c-1) If the head of the residential care facility to which
the defendant is committed makes a request under Subsection (b-1),
not later than the 14th day after the date of the request the court
shall hold a hearing to determine whether the court should modify
the order for commitment to a residential care facility in
accordance with Article 46B.1075.
(d) If the defendant or the attorney representing the state
makes a request under Subsection (b) or (b-1), not later than the
14th day after the date of the request the court shall grant the
request, deny the request, or hold a hearing on the request to
determine whether the court should modify the order for inpatient
mental health treatment or for residential care. A court is not
required to hold a hearing under this subsection unless the request
and any supporting materials provided to the court provide a basis
for believing modification of the order may be appropriate.
(g) If a request under Subsection (b) is made by a defendant
before the 91st day after the date the court makes a determination
on a previous request under that subsection, the court is not
required to act on the request until the earlier of:
(1) the expiration of the current order for inpatient
mental health treatment [or residential care]; or
(2) the 91st day after the date of the court's previous
determination.
(i) The court shall rule on a request made under Subsection
(b) or (b-1) as soon as practicable after a hearing on the request,
but not later than the 14th day after the date of the request.
SECTION 21. The heading to Article 46B.107, Code of
Criminal Procedure, is amended to read as follows:
Art. 46B.107. RELEASE OF DEFENDANT AFTER CIVIL COMMITMENT:
MENTAL ILLNESS.
SECTION 22. Article 46B.107, Code of Criminal Procedure, is
amended by amending Subsections (a) and (d) and adding Subsection
(a-1) to read as follows:
(a) This article applies only to a defendant who has been
committed under Article 46B.102.
(a-1) The release of a defendant committed under this
chapter from the commission, an outpatient treatment program, or
another facility is subject to disapproval by the committing court
if the court or the attorney representing the state has notified the
head of the facility or outpatient treatment provider, as
applicable, to which the defendant has been committed that a
criminal charge remains pending against the defendant.
(d) The court shall, on receiving notice from the head of a
facility or outpatient treatment provider of intent to release the
defendant under Subsection (b), hold a hearing to determine whether
release is appropriate under the applicable criteria in Subtitle C
[or D], Title 7, Health and Safety Code. The court may, on motion
of the attorney representing the state or on its own motion, hold a
hearing to determine whether release is appropriate under the
applicable criteria in Subtitle C [or D], Title 7, Health and Safety
Code, regardless of whether the court receives notice that the head
of a facility or outpatient treatment provider provides notice of
intent to release the defendant under Subsection (b). The court
may conduct the hearing:
(1) at the facility; or
(2) by means of an electronic broadcast system as
provided by Article 46B.013.
SECTION 23. Subchapter E, Chapter 46B, Code of Criminal
Procedure, is amended by adding Article 46B.1075 to read as
follows:
Art. 46B.1075. RELEASE OF DEFENDANT AFTER CIVIL COMMITMENT:
INTELLECTUAL DISABILITY. (a) This article applies only to a
defendant who has been committed under Article 46B.103.
(b) The release of a defendant committed to a residential
care facility under this chapter is subject to disapproval by the
committing court if the court or the attorney representing the
state has notified the head of the residential care facility that a
criminal charge remains pending against the defendant.
(c) If the head of the residential care facility determines
that the defendant should be released from the facility, the head of
the facility shall notify the committing court and the sheriff of
the county from which the defendant was committed in writing of the
release not later than the 14th day before the date on which the
residential care facility intends to release the defendant.
(d) The head of the residential care facility shall provide
with the notice:
(1) a written statement that states an opinion
regarding whether the defendant has attained competency to stand
trial; and
(2) the interdisciplinary team recommendation
prepared for the defendant under Section 593.013, Health and Safety
Code.
(e) The defendant, the head of the residential care
facility, or the attorney representing the state may request that
the court approve the release of the defendant or approve the
release and require the defendant's participation in a
community-based living plan.
(f) Not later than the 14th day after the date of a request
under Subsection (e), the court shall hold a hearing to determine
whether the court should deny the request to release the defendant
from the residential care facility, grant the request, or grant the
request and require the defendant's participation in a
community-based living plan. Notice of the hearing must be
provided in accordance with Section 593.048, Health and Safety
Code.
(g) The court may conduct the hearing:
(1) at the residential care facility; or
(2) by means of an electronic broadcast system as
provided by Article 46B.013.
(h) On receipt of a request to release the defendant under
Subsection (e), the court shall require the residential care
facility to submit:
(1) a report indicating whether:
(A) the defendant's continued placement at the
residential care facility is appropriate for the defendant's
individual needs;
(B) the defendant can adequately and
appropriately reside in another setting; and
(C) appropriate community-based services are
available to the defendant; and
(2) a community living discharge plan for the
defendant.
(i) If, after a hearing, the preponderance of evidence shows
that the defendant's continued placement at the facility is no
longer appropriate for the defendant's individual needs, the
defendant can adequately and appropriately reside in another
setting, and appropriate community-based services are available to
the defendant, the court shall enter an order that grants the
release of the defendant from the facility. The court may also
require the defendant to participate in a community-based living
plan based on the community living discharge plan submitted under
Subsection (h)(2). If the court requires the defendant to
participate in a community-based living plan, the court shall
designate the local intellectual and developmental disability
authority responsible for supervising the community-based living
plan.
(j) The community-based living plan may be amended, without
court approval, by the residential care facility or the local
intellectual and developmental disability authority to address the
defendant's ongoing needs.
(k) The court shall rule on a request made under Subsection
(e) as soon as practicable after a hearing on the request but not
later than the 14th day after the date of the request. If a hearing
is not held during that period, the request to release the defendant
is automatically granted.
(l) An order authorizing the release of the defendant and
requiring the defendant to participate in a community-based living
plan must specify a period of participation that may not exceed 12
months, and the court may not order the defendant to participate in
any subsequent community-based living plan in connection with the
same offense.
(m) If a request under Subsection (e) is made by a defendant
before the 91st day after the date the court makes a determination
on a previous request under that subsection, the court is not
required to act on the request until the 91st day after the date of
the court's previous determination.
(n) A proceeding for granting the release of the defendant
and requiring the defendant's participation in a community-based
living plan is governed by Subtitle D, Title 7, Health and Safety
Code, to the extent that subtitle applies and does not conflict with
this chapter, except that the criminal court shall conduct the
proceeding regardless of whether the criminal court is also the
county court.
(o) A defendant is entitled to an appeal from an order
denying the defendant's release or requiring the defendant's
participation in a community-based living plan.
(p) The local intellectual and developmental disability
authority responsible for supervising a defendant's
community-based living plan shall inform the court if the authority
determines the defendant's return to the residential care facility
is necessary at any time during the period provided by Subsection
(l).
SECTION 24. Article 46B.109(b), Code of Criminal Procedure,
is amended to read as follows:
(b) The head of the facility or outpatient treatment
provider shall provide with the request a written statement that in
their opinion the defendant is competent to stand trial and shall
file with the court as provided by Article 46B.025 a report stating
the reason why the facility or provider believes the defendant has
been restored to competency. The head of the facility or outpatient
treatment provider must include with the report a list of the types
and dosages of medications prescribed for the defendant while the
defendant was receiving services in the facility or through the
outpatient treatment program. The court shall provide copies of
the written statement and report to the attorney representing the
state and the defendant's attorney. Either party may object to the
findings in the written statement or report as provided by Article
46B.1115.
SECTION 25. Subchapter E, Chapter 46B, Code of Criminal
Procedure, is amended by adding Article 46B.1115 to read as
follows:
Art. 46B.1115. PROCEEDINGS TO DETERMINE RESTORATION OF
COMPETENCY. The periods for objecting to the written statement and
report filed under Article 46B.109(b) and for conducting a hearing
on the defendant's competency under this subchapter are the same as
those specified under Article 46B.084.
SECTION 26. Article 46B.114, Code of Criminal Procedure, is
amended to read as follows:
Art. 46B.114. TRANSPORTATION OF DEFENDANT TO COURT. (a) If
the hearing is not conducted at the facility to which the defendant
has been committed under this chapter or conducted by means of an
electronic broadcast system as described by this subchapter, an
order setting a hearing to determine whether the defendant has been
restored to competency shall direct that [, as soon as practicable
but not earlier than 72 hours before the date the hearing is
scheduled,] the defendant be placed in the custody of the sheriff of
the county in which the committing court is located or the sheriff's
designee for prompt transportation to the court. [The sheriff or
the sheriff's designee may not take custody of the defendant under
this article until 72 hours before the date the hearing is
scheduled.]
(b) If before the 15th day after the date on which the court
received notification under Article 46B.109 that a defendant
committed to a facility or ordered to participate in an outpatient
treatment program has not been transported to the court that issued
the order under this subchapter, the head of the facility or
outpatient treatment provider shall cause the defendant to be
promptly transported to the court and placed in the custody of the
sheriff of the county in which the court is located. The county in
which the court is located shall reimburse the commission or
outpatient treatment provider, as appropriate, for the mileage and
per diem expenses of the personnel required to transport the
defendant, calculated in accordance with rates provided in the
General Appropriations Act for state employees.
SECTION 27. Article 46B.151(a), Code of Criminal Procedure,
is amended to read as follows:
(a) If a court is required by Article 46B.084(f) or 46B.0855
or by its appropriate determination under Article 46B.055(2)
[46B.071] to proceed under this subchapter, or if the court is
permitted by Article 46B.004(e) to proceed under this subchapter,
the court shall determine whether there is evidence to support a
finding that the defendant is either a person with mental illness or
a person with an intellectual disability.
SECTION 28. Chapter 121, Government Code, is amended by
adding Section 121.005 to read as follows:
Sec. 121.005. JURISDICTION AND AUTHORITY OF JUDGE OR
MAGISTRATE IN NON-REGIONAL SPECIALTY COURT PROGRAM. (a) This
section applies to a specialty court established under this
subtitle by a single county or municipality.
(b) For a case properly transferred to the program, the
judge or magistrate of a specialty court program to which this
section applies may:
(1) enter orders, judgments, and decrees for the case;
(2) sign orders of detention, order community service,
or impose other reasonable and necessary sanctions;
(3) send recommendations for dismissal and expunction
to the originating trial court for a defendant who successfully
completes the program; and
(4) return the case and documentation required by this
subtitle to the originating trial court for final disposition on a
defendant's successful completion of or removal from the program.
(c) A visiting judge assigned to preside over a specialty
court program to which this section applies has the same authority
as the judge or magistrate appointed to preside over the program.
SECTION 29. Section 125.001, Government Code, is amended to
read as follows:
Sec. 125.001. MENTAL HEALTH COURT PROGRAM DEFINED;
PROCEDURES FOR CERTAIN DEFENDANTS. (a) In this chapter, "mental
health court program" means:
(1) a program under the supervision and direction of a
court with criminal jurisdiction; or
(2) an assisted outpatient treatment court program for
persons subject to court-ordered outpatient mental health services
under Chapter 574, Health and Safety Code.
(b) A mental health court program as defined by Subsection
(a) [that] has the following essential characteristics:
(1) the integration of mental illness treatment
services and intellectual disability services in the processing of
cases in the judicial system;
(2) the use of a nonadversarial approach involving
prosecutors and defense attorneys, or involving attorneys
representing proposed patients and attorneys requesting
court-ordered outpatient mental health services under Chapter 574,
Health and Safety Code, to promote public safety and to protect the
due process rights of program participants;
(3) early identification and prompt placement of
eligible participants in a [the] program;
(4) access to mental illness treatment services and
intellectual disability services;
(5) ongoing judicial interaction with program
participants;
(6) diversion or potential diversion of a defendant in
any pending criminal case [defendants] who has [potentially have] a
mental illness or an intellectual disability to needed services as
an alternative to subjecting the defendant [those defendants] to
the criminal justice system;
(7) monitoring and evaluation of program goals and
effectiveness;
(8) continuing interdisciplinary education to promote
effective program planning, implementation, and operations; and
(9) development of partnerships with public agencies
and community organizations, including local intellectual and
developmental disability authorities.
(c) [(b)] If a defendant with a pending criminal case
successfully completes a mental health court program, after notice
to the attorney representing the state and a hearing in the mental
health court at which that court determines that a dismissal is in
the best interest of justice, the mental health court shall provide
to the court in which the criminal case is pending information about
the dismissal and shall include all of the information required
about the defendant for a petition for expunction under Article
55A.253, Code of Criminal Procedure. The court in which the
criminal case is pending shall dismiss the case against the
defendant and:
(1) if that trial court is a district court, the court
may, with the consent of the attorney representing the state, enter
an order of expunction on behalf of the defendant under Article
55A.203(b), Code of Criminal Procedure; or
(2) if that trial court is not a district court, the
court may, with the consent of the attorney representing the state,
forward the appropriate dismissal and expunction information to
enable a district court with jurisdiction to enter an order of
expunction on behalf of the defendant under Article 55A.203(b),
Code of Criminal Procedure.
SECTION 30. Section 125.002, Government Code, is amended to
read as follows:
Sec. 125.002. AUTHORITY TO ESTABLISH PROGRAM. (a) The
commissioners court of a county may establish a mental health court
program for persons who:
(1) have been arrested for or charged with a
misdemeanor or felony; and
(2) are suspected by a law enforcement agency or a
court of having a mental illness or an intellectual disability.
(b) The commissioners court of a county may establish a
mental health court program for persons who:
(1) have a mental illness;
(2) have demonstrated an inability to effectively
participate in outpatient mental health services voluntarily; and
(3) meet the criteria for court-ordered outpatient
mental health services under Chapter 574, Health and Safety Code.
SECTION 31. Section 125.003(a), Government Code, is amended
to read as follows:
(a) A mental health court program established under Section
125.002:
(1) may handle all issues arising under Articles 16.22
and 17.032, Code of Criminal Procedure, and Chapter 46B, Code of
Criminal Procedure; and
(2) must:
(A) ensure a person eligible for the program is
provided legal counsel before volunteering to proceed through the
mental health court program and while participating in the program;
(B) allow a defendant in a pending criminal case
[person], if eligible for the program, to choose whether to proceed
through the mental health court program or proceed through the
regular criminal justice system;
(C) if applicable, allow a participant to
withdraw from the mental health court program at any time before a
trial on the merits has been initiated;
(D) provide a participant with a court-ordered
individualized treatment plan indicating the services that will be
provided to the participant; and
(E) ensure that the jurisdiction of the mental
health court extends at least six months but does not extend beyond
the probationary period for the offense charged if the probationary
period is longer than six months.
SECTION 32. Section 125.005(a), Government Code, is amended
to read as follows:
(a) The commissioners court of a county with a population of
more than 200,000 shall:
(1) under the supervision and direction of a court
with criminal jurisdiction, establish a mental health court program
under Section 125.002; and
(2) direct the judge, magistrate, or coordinator to
comply with Section 121.002(c)(1).
SECTION 33. Section 574.101, Health and Safety Code, is
amended by adding Subdivision (2-a) to read as follows:
(2-a) "Primary care provider" means a health care
professional, including a physician, advanced practice registered
nurse, or physician assistant licensed in this state.
SECTION 34. The heading to Section 574.104, Health and
Safety Code, is amended to read as follows:
Sec. 574.104. PRIMARY CARE PROVIDER'S [PHYSICIAN'S]
APPLICATION FOR ORDER TO AUTHORIZE PSYCHOACTIVE MEDICATION; DATE
OF HEARING.
SECTION 35. Sections 574.104(a) and (b), Health and Safety
Code, are amended to read as follows:
(a) A primary care provider [physician] who is treating a
patient may, on behalf of the state, file an application in a
probate court or a court with probate jurisdiction for an order to
authorize the administration of a psychoactive medication
regardless of the patient's refusal if:
(1) the primary care provider [physician] believes
that the patient lacks the capacity to make a decision regarding the
administration of the psychoactive medication;
(2) the primary care provider [physician] determines
that the medication is the proper course of treatment for the
patient;
(3) the patient is under an order for inpatient mental
health services under this chapter or other law or an application
for court-ordered mental health services under Section 574.034,
574.0345, 574.035, or 574.0355 has been filed for the patient; and
(4) the patient, verbally or by other indication,
refuses to take the medication voluntarily.
(b) An application filed under this section must state:
(1) that the primary care provider [physician]
believes that the patient lacks the capacity to make a decision
regarding administration of the psychoactive medication and the
reasons for that belief;
(2) each medication the primary care provider
[physician] wants the court to compel the patient to take;
(3) whether an application for court-ordered mental
health services under Section 574.034, 574.0345, 574.035, or
574.0355 has been filed;
(4) whether a court order for inpatient mental health
services for the patient has been issued and, if so, under what
authority it was issued;
(5) the primary care provider's [physician's]
diagnosis of the patient; and
(6) the proposed method for administering the
medication and, if the method is not customary, an explanation
justifying the departure from the customary methods.
SECTION 36. Sections 574.106(a) and (a-1), Health and
Safety Code, are amended to read as follows:
(a) The court may issue an order authorizing the
administration of one or more classes of psychoactive medication to
a patient who:
(1) is under a court order to receive inpatient mental
health services; or
(2) is in custody awaiting trial in a criminal
proceeding and was ordered to receive inpatient mental health
services [in the six months preceding a hearing under this
section].
(a-1) The court may issue an order under this section only
if the court finds by clear and convincing evidence after the
hearing:
(1) that the patient lacks the capacity to make a
decision regarding the administration of the proposed medication
and treatment with the proposed medication is in the best interest
of the patient; or
(2) if the patient was ordered to receive inpatient
mental health services by a criminal court with jurisdiction over
the patient, that treatment with the proposed medication is in the
best interest of the patient and either:
(A) the patient presents a danger to the patient
or others in the inpatient mental health facility in which the
patient is being treated as a result of a mental illness [disorder
or mental defect] as determined under Section 574.1065; or
(B) the patient:
(i) has remained confined in a correctional
facility, as defined by Section 1.07, Penal Code, for a period
exceeding 72 hours while awaiting transfer for competency
restoration treatment; and
(ii) presents a danger to the patient or
others in the correctional facility as a result of a mental illness
[disorder or mental defect] as determined under Section 574.1065.
SECTION 37. Section 574.1065, Health and Safety Code, is
amended to read as follows:
Sec. 574.1065. FINDING THAT PATIENT PRESENTS A DANGER. In
making a finding under Section 574.106(a-1)(2) that, as a result of
a mental illness [disorder or mental defect], the patient presents
a danger to the patient or others in the inpatient mental health
facility in which the patient is being treated or in the
correctional facility, as applicable, the court shall consider:
(1) an assessment of the patient's present mental
condition;
(2) whether the patient has inflicted, attempted to
inflict, or made a serious threat of inflicting substantial
physical harm to the patient's self or to another while in the
facility; and
(3) whether the patient, in the six months preceding
the date the patient was placed in the facility, has inflicted,
attempted to inflict, or made a serious threat of inflicting
substantial physical harm to another that resulted in the patient
being placed in the facility.
SECTION 38. Section 574.107, Health and Safety Code, is
amended to read as follows:
Sec. 574.107. COSTS. (a) The costs for a hearing under
this subchapter for a patient committed under this chapter shall be
paid in accordance with Sections 571.017 and 571.018.
(b) The county in which the applicable criminal charges are
pending or were adjudicated shall pay as provided by Subsection (a)
the costs of a hearing that is held under Section 574.106 to
evaluate the court-ordered administration of psychoactive
medication to a person under the jurisdiction of a criminal court[:
[(1) a patient ordered to receive mental health
services as described by Section 574.106(a)(1) after having been
determined to be incompetent to stand trial or having been
acquitted of an offense by reason of insanity; or
[(2) a patient who:
[(A) is awaiting trial after having been
determined to be competent to stand trial; and
[(B) was ordered to receive mental health
services as described by Section 574.106(a)(2)].
SECTION 39. Section 574.110, Health and Safety Code, is
amended to read as follows:
Sec. 574.110. EXPIRATION OF ORDER. (a) An [Except as
provided by Subsection (b), an] order issued under Section 574.106
for a patient who is committed under this chapter expires on the
expiration or termination date of the order for temporary or
extended mental health services in effect when the order for
psychoactive medication is issued.
(b) This subsection applies only to a patient who is subject
to court-ordered inpatient mental health services or to a
jail-based competency restoration program under Chapter 46B, Code
of Criminal Procedure. An order issued under Section 574.106 for a
patient described by this subsection who, following the filing of a
report under Article 46B.079(b)(2) or 46B.109, Code of Criminal
Procedure, indicating the patient has attained competency to stand
trial, is returned to court or a correctional facility, as defined
by Section 1.07, Penal Code, to await trial in a criminal
proceeding, continues to be in effect until the earlier of the
following dates, as applicable:
(1) the 180th day after the date the defendant was
returned to the court or correctional facility;
(2) the date the defendant is acquitted, is convicted,
or enters a plea of guilty; or
(3) the date on which charges in the case are
dismissed.
(c) An order issued under Section 574.106 for a patient
described by Subsection (b) who is recommitted for competency
restoration is extended until the 30th day after the date of the
expiration of the previous order of the criminal court. A
subsequently issued order for psychoactive medication for a patient
described by Subsection (b) is extended until the 30th day after the
date of the expiration of the commitment order by the criminal
court, including any extension that may be ordered under Article
46B.080, Code of Criminal Procedure. A new order for psychoactive
medication may be sought from a court with probate jurisdiction
during any extension under this subsection.
(d) An order issued under Section 574.106 for a patient
subject to court-ordered inpatient mental health services under
Article 46C.256, Code of Criminal Procedure, is extended until the
30th day after the date of the expiration of the previous order of
the criminal court, including any renewal of the order under
Article 46C.261, Code of Criminal Procedure. A new order for
psychoactive medication may be sought from a court with probate
jurisdiction during any extension under this subsection.
SECTION 40. The following provisions are repealed:
(1) Article 46B.071(b), Code of Criminal Procedure;
(2) Articles 46B.073(c), (d), (e), and (f), Code of
Criminal Procedure; and
(3) Sections 574.035(d) and 574.0355(b), Health and
Safety Code.
SECTION 41. Not later than January 1, 2026, each local law
enforcement agency in this state shall submit the initial report
required by Article 16.23(d), Code of Criminal Procedure, as added
by this Act.
SECTION 42. This Act takes effect September 1, 2025.