Texas 2025 - 89th Regular

Texas Senate Bill SB2213 Compare Versions

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1	1	89R5564 EAS-D
2	2	By: Zaffirini S.B. No. 2213
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to procedures regarding certain persons who are or may be
10	10	persons with a mental illness or intellectual or developmental
11	11	disability.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Article 16.23, Code of Criminal Procedure, is
14	14	amended to read as follows:
15	15	Art. 16.23. DIVERSION OF PERSONS SUFFERING MENTAL HEALTH
16	16	CRISIS OR SUBSTANCE ABUSE ISSUE. (a) Each local law enforcement
17	17	agency shall make a good faith effort to divert a person suffering a
18	18	mental health crisis or suffering from the effects of substance
19	19	abuse to a facility or program where the person can receive
20	20	treatment or services for the person's mental health crisis or
21	21	substance abuse issue.
22	22	(b) Diversion for treatment or services is appropriate
23	23	under this article [proper treatment center in the agency's
24	24	jurisdiction] if:
25	25	(1) [there is an available and appropriate treatment
26	26	center in the agency's jurisdiction to which the agency may divert
27	27	the person;
28	28	[(2)] it is reasonable under the circumstances to
29	29	divert the person;
30	30	(2) [(3)] the offense that the person is accused of is
31	31	a misdemeanor, other than a misdemeanor involving violence; and
32	32	(3) [(4)] the mental health crisis or substance abuse
33	33	issue is suspected to be the reason the person committed the alleged
34	34	offense.
35	35	(c) [(b)] Subsection (a) does not apply to a person who is
36	36	accused of an offense under Section 49.04, 49.045, 49.05, 49.06,
37	37	49.061, 49.065, 49.07, or 49.08, Penal Code.
38	38	(d) Each local law enforcement agency shall adopt a plan for
39	39	diverting a person suffering a mental health crisis or suffering
40	40	from the effects of substance abuse in accordance with this article
41	41	and shall submit an annual report on the plan, including any changes
42	42	to the plan, to the:
43	43	(1) governing body of each county or municipality
44	44	served by the agency; and
45	45	(2) Texas Commission on Law Enforcement.
46	46	SECTION 2. Subchapter C, Chapter 45A, Code of Criminal
47	47	Procedure, is amended by adding Article 45A.109 to read as follows:
48	48	Art. 45A.109. DISMISSAL BASED ON DEFENDANT'S LACK OF
49	49	CAPACITY. (a) On motion by the state, the defendant, or a person
50	50	standing in parental relation to the defendant, or on the court's
51	51	own motion, a justice or judge shall determine whether probable
52	52	cause exists to believe that a defendant, including a defendant who
53	53	is a child as defined by Article 45A.453(a) or a defendant with a
54	54	mental illness or intellectual or developmental disability, lacks
55	55	the capacity to understand the proceedings in criminal court or to
56	56	assist in the defendant's own defense and is unfit to proceed.
57	57	(b) If the justice or judge determines that probable cause
58	58	exists for a finding under Subsection (a), after providing notice
59	59	to the state, the justice or judge may dismiss the complaint.
60	60	(c) A dismissal of a complaint under Subsection (b) may be
61	61	appealed as provided by Article 45A.202.
62	62	SECTION 3. Article 46B.025(b), Code of Criminal Procedure,
63	63	is amended to read as follows:
64	64	(b) If in the opinion of an expert appointed under Article
65	65	46B.021 the defendant is incompetent to proceed, the expert shall
66	66	state in the report:
67	67	(1) the symptoms, exact nature, severity, and expected
68	68	duration of the deficits resulting from the defendant's mental
69	69	illness or intellectual disability, if any, and the impact of the
70	70	identified condition on the factors listed in Article 46B.024;
71	71	(2) an estimate of the period needed to restore the
72	72	defendant's competency;
73	73	(3) [, including] whether the defendant is likely to
74	74	be restored to competency in the initial restoration period
75	75	authorized under Subchapter D, including any possible extension
76	76	under Article 46B.080 [foreseeable future]; and
77	77	(4) [(3)] prospective treatment options, if any,
78	78	appropriate for the defendant.
79	79	SECTION 4. Article 46B.055, Code of Criminal Procedure, is
80	80	amended to read as follows:
81	81	Art. 46B.055. PROCEDURE AFTER FINDING OF INCOMPETENCY. If
82	82	the defendant is found incompetent to stand trial, the court shall:
83	83	(1) proceed under Subchapter D if the court determines
84	84	that the defendant is likely to be restored to competency in the
85	85	restoration period authorized under that subchapter, including any
86	86	possible extension under Article 46B.080; or
87	87	(2) for a defendant whom the court determines is
88	88	unlikely to be restored to competency in the period described by
89	89	Subdivision (1):
90	90	(A) proceed under Subchapter E or F; or
91	91	(B) release the defendant on bail as permitted
92	92	under Chapter 17.
93	93	SECTION 5. Article 46B.071(a), Code of Criminal Procedure,
94	94	is amended to read as follows:
95	95	(a) On [Except as provided by Subsection (b), on] a
96	96	determination under Article 46B.055(1) that a defendant is
97	97	incompetent to stand trial and is likely to be restored to
98	98	competency in the period authorized under this subchapter,
99	99	including any possible extension under Article 46B.080, the court
100	100	shall:
101	101	(1) if the defendant is charged with an offense
102	102	punishable as a Class B misdemeanor, or is charged with an offense
103	103	punishable as a Class A misdemeanor that did not result in bodily
104	104	injury to another person and the defendant has not been convicted in
105	105	the preceding two years of an offense that resulted in bodily injury
106	106	to another person:
107	107	(A) release the defendant on bail under Article
108	108	46B.0711; or
109	109	(B) if an outpatient competency restoration
110	110	program is unavailable or the defendant cannot be placed in an
111	111	outpatient competency restoration program before the 14th day after
112	112	the date of the court's order:
113	113	(i) on the motion of the attorney
114	114	representing the state, dismiss the charge and proceed under
115	115	Subchapter F; or
116	116	(ii) on the motion of the attorney
117	117	representing the defendant and notice to the attorney representing
118	118	the state:
119	119	(a) set the matter to be heard not
120	120	later than the 10th day after the date of filing of the motion; and
121	121	(b) dismiss the charge and proceed
122	122	under Subchapter F on a finding that an outpatient competency
123	123	restoration program is unavailable or that the defendant cannot be
124	124	placed in an outpatient competency restoration program before the
125	125	14th day after the date of the court's order; or
126	126	[(B) commit the defendant to:
127	127	[(i) a jail-based competency restoration
128	128	program under Article 46B.073(e); or
129	129	[(ii) a mental health facility or
130	130	residential care facility under Article 46B.073(f); or]
131	131	(2) if the defendant is charged with an offense
132	132	punishable as a Class A misdemeanor that resulted in bodily injury
133	133	to another person or any higher category of offense or if the
134	134	defendant is charged with an offense punishable as a Class A
135	135	misdemeanor that did not result in bodily injury to another person
136	136	and the defendant has been convicted in the preceding two years of
137	137	an offense that resulted in bodily injury to another person:
138	138	(A) release the defendant on bail under Article
139	139	46B.072; or
140	140	(B) commit the defendant to a facility or a
141	141	jail-based competency restoration program under Article 46B.073(b)
142	142	[46B.073(c) or (d)].
143	143	SECTION 6. The heading to Article 46B.0711, Code of
144	144	Criminal Procedure, is amended to read as follows:
145	145	Art. 46B.0711. RELEASE ON BAIL: CERTAIN OFFENSES NOT
146	146	INVOLVING BODILY INJURY [FOR CLASS B MISDEMEANOR].
147	147	SECTION 7. Article 46B.0711(b), Code of Criminal Procedure,
148	148	is amended to read as follows:
149	149	(b) Subject to conditions reasonably related to ensuring
150	150	public safety and the effectiveness of the defendant's treatment,
151	151	if the court determines that a defendant charged with an offense
152	152	punishable as a Class B misdemeanor, or charged under the
153	153	circumstances described by Article 46B.071(a)(1) with an offense
154	154	punishable as a Class A misdemeanor, and found incompetent to stand
155	155	trial is not a danger to others and may be safely treated on an
156	156	outpatient basis with the specific objective of attaining
157	157	competency to stand trial, and an appropriate outpatient competency
158	158	restoration program is available for the defendant, the court
159	159	shall:
160	160	(1) release the defendant on bail or continue the
161	161	defendant's release on bail; and
162	162	(2) order the defendant to participate in an
163	163	outpatient competency restoration program for a period not to
164	164	exceed 60 days.
165	165	SECTION 8. The heading to Article 46B.072, Code of Criminal
166	166	Procedure, is amended to read as follows:
167	167	Art. 46B.072. RELEASE ON BAIL: FELONIES; CERTAIN OFFENSES
168	168	INVOLVING BODILY INJURY [FOR FELONY OR CLASS A MISDEMEANOR].
169	169	SECTION 9. Article 46B.072(a-1), Code of Criminal
170	170	Procedure, is amended to read as follows:
171	171	(a-1) Subject to conditions reasonably related to ensuring
172	172	public safety and the effectiveness of the defendant's treatment,
173	173	[if] the court may release on bail, or continue the release on bail
174	174	of, [determines that] a defendant charged with an offense
175	175	punishable as a felony, or charged under the circumstances
176	176	described by Article 46B.071(a)(2) with an offense punishable as
177	177	[or] a Class A misdemeanor and found incompetent to stand trial if
178	178	the court determines the defendant is not a danger to others and may
179	179	be safely treated on an outpatient basis with the specific
180	180	objective of attaining competency to stand trial, and an
181	181	appropriate outpatient competency restoration program is available
182	182	for the defendant[, the court:
183	183	[(1) may release on bail a defendant found incompetent
184	184	to stand trial with respect to an offense punishable as a felony or
185	185	may continue the defendant's release on bail; and
186	186	[(2) shall release on bail a defendant found
187	187	incompetent to stand trial with respect to an offense punishable as
188	188	a Class A misdemeanor or shall continue the defendant's release on
189	189	bail].
190	190	SECTION 10. Articles 46B.073(a) and (b), Code of Criminal
191	191	Procedure, are amended to read as follows:
192	192	(a) This article applies only to a defendant not released on
193	193	bail who is subject to an initial restoration period based on
194	194	Article 46B.071(a)(2)(B) [46B.071].
195	195	(b) For purposes of further examination and competency
196	196	restoration services with the specific objective of the defendant
197	197	attaining competency to stand trial, the court shall commit a
198	198	defendant described by Subsection (a) to a mental health facility
199	199	or [,] residential care facility designated by the commission[,] or
200	200	a jail-based competency restoration program for the applicable
201	201	period as follows:
202	202	(1) a period of not more than 60 days, if the defendant
203	203	is charged with an offense punishable as a Class A misdemeanor; or
204	204	(2) a period of not more than 120 days, if the
205	205	defendant is charged with an offense punishable as a felony.
206	206	SECTION 11. Article 46B.077(a), Code of Criminal Procedure,
207	207	is amended to read as follows:
208	208	(a) The facility or jail-based competency restoration
209	209	program to which the defendant is committed or the outpatient
210	210	competency restoration program to which the defendant is released
211	211	on bail shall:
212	212	(1) develop an individual program of treatment;
213	213	(2) assess and evaluate whether the defendant is
214	214	likely to be restored to competency in the period authorized under
215	215	this subchapter, including any possible extension under Article
216	216	46B.080 [foreseeable future]; and
217	217	(3) report to the court and to the local mental health
218	218	authority or to the local intellectual and developmental disability
219	219	authority on the defendant's progress toward achieving competency.
220	220	SECTION 12. Articles 46B.079(b) and (b-1), Code of Criminal
221	221	Procedure, are amended to read as follows:
222	222	(b) The head of the facility or jail-based competency
223	223	restoration program provider shall promptly notify the court when
224	224	the head of the facility or program provider believes that:
225	225	(1) the defendant is clinically ready and can be
226	226	safely transferred to a competency restoration program for
227	227	education services but has not yet attained competency to stand
228	228	trial;
229	229	(2) the defendant has attained competency to stand
230	230	trial; or
231	231	(3) the defendant is not likely to attain competency
232	232	in the period authorized under this subchapter, including any
233	233	possible extension under Article 46B.080 [foreseeable future].
234	234	(b-1) The outpatient competency restoration program
235	235	provider shall promptly notify the court when the program provider
236	236	believes that:
237	237	(1) the defendant has attained competency to stand
238	238	trial; or
239	239	(2) the defendant is not likely to attain competency
240	240	in the period authorized under this subchapter, including any
241	241	possible extension under Article 46B.080 [foreseeable future].
242	242	SECTION 13. Articles 46B.084(a-1) and (b), Code of Criminal
243	243	Procedure, are amended to read as follows:
244	244	(a-1)(1) Following the defendant's return to the court, the
245	245	court shall make a determination with regard to the defendant's
246	246	competency to stand trial. The court may make the determination
247	247	based only on the most recent report that is filed under Article
248	248	46B.079(c) and based on notice under that article, other than
249	249	notice under Subsection (b)(1) of that article, and on other
250	250	medical information or personal history information relating to the
251	251	defendant. A party may object in writing or in open court to the
252	252	findings of the most recent report not later than the 15th day after
253	253	the date on which the court received the applicable notice under
254	254	Article 46B.079. If no party objects to the findings of the most
255	255	recent report within that period, the [The] court shall make the
256	256	determination not later than the 20th day after the date on which
257	257	the court received the applicable notice under Article 46B.079, or
258	258	not later than the fifth day after the date of the defendant's
259	259	return to court, whichever occurs first [, regardless of whether a
260	260	party objects to the report as described by this subsection and the
261	261	issue is set for hearing under Subsection (b)].
262	262	(2) Notwithstanding Subdivision (1), in a county with
263	263	a population of less than 1.2 million or in a county with a
264	264	population of four million or more, if no party objects to the
265	265	findings of the most recent report within the period specified by
266	266	that subdivision, the court shall make the determination described
267	267	by that subdivision not later than the 20th day after the date on
268	268	which the court received notification under Article 46B.079 [,
269	269	regardless of whether a party objects to the report as described by
270	270	that subdivision and the issue is set for a hearing under Subsection
271	271	(b)].
272	272	(b) If a party objects as provided by [under] Subsection
273	273	(a-1) and raises a suggestion that the defendant may no longer be
274	274	competent to stand trial, the court shall determine, by informal
275	275	inquiry not later than the fifth day after the date of the
276	276	objection, whether there exists any evidence from a credible source
277	277	that the defendant may no longer be competent. If, after an
278	278	informal inquiry, the court determines that evidence from a
279	279	credible source exists to support a finding of incompetency, the
280	280	court shall order a further examination under Subchapter B to
281	281	determine whether the defendant is incompetent to stand trial.
282	282	Following receipt of the expert's report under that subchapter, the
283	283	issue shall be set for a hearing not later than the 10th day after
284	284	the date the report is received by the court. The hearing is before
285	285	the court, except that on motion by the defendant, the defense
286	286	counsel, the prosecuting attorney, or the court, the hearing shall
287	287	be held before a jury.
288	288	SECTION 14. Subchapter D, Chapter 46B, Code of Criminal
289	289	Procedure, is amended by adding Article 46B.0855 to read as
290	290	follows:
291	291	Art. 46B.0855. RAISING ISSUE OF INCOMPETENCY WHEN CRIMINAL
292	292	PROCEEDINGS ARE NOT TIMELY RESUMED. If the court has found the
293	293	defendant competent to stand trial under Article 46B.084, but the
294	294	criminal proceedings against the defendant were not resumed within
295	295	the period specified by Subsection (d) of that article, the court
296	296	shall, on motion of either party suggesting that the defendant may
297	297	no longer be competent to stand trial, follow the procedures
298	298	provided under Subchapters A and B, except any subsequent court
299	299	orders for treatment must be issued under Subchapter E or F. If,
300	300	following the end of the period specified by Article 46B.084(d),
301	301	the court suspects that the defendant may no longer be competent to
302	302	stand trial, the court may make that suggestion under this article
303	303	on its own motion.
304	304	SECTION 15. Article 46B.086, Code of Criminal Procedure, is
305	305	amended by amending Subsections (a), (d), and (f) and adding
306	306	Subsection (h) to read as follows:
307	307	(a) This article applies only to a defendant:
308	308	(1) who is determined under this chapter to be
309	309	incompetent to stand trial;
310	310	(2) who either:
311	311	(A) remains confined in a correctional facility,
312	312	as defined by Section 1.07, Penal Code, for a period exceeding 72
313	313	hours while awaiting transfer to an inpatient mental health
314	314	facility, a residential care facility, or an outpatient competency
315	315	restoration program;
316	316	(B) is committed to an inpatient mental health
317	317	facility, a residential care facility, or a jail-based competency
318	318	restoration program for the purpose of competency restoration;
319	319	(C) is confined in a correctional facility while
320	320	awaiting further criminal proceedings following competency
321	321	restoration; or
322	322	(D) is subject to Article 46B.072, if the court
323	323	has made the determinations required by Subsection (a-1) of that
324	324	article;
325	325	(3) for whom a correctional facility or jail-based
326	326	competency restoration program that employs or contracts with a
327	327	primary care provider to provide mental health services [licensed
328	328	psychiatrist], an inpatient mental health facility, a residential
329	329	care facility, or an outpatient competency restoration program
330	330	provider has prepared a continuity of care plan that requires the
331	331	defendant to take psychoactive medications; and
332	332	(4) who, after a hearing held under Section 574.106 or
333	333	592.156, Health and Safety Code, if applicable, has been found to
334	334	not meet the criteria prescribed by Sections 574.106(a) and (a-1)
335	335	or 592.156(a) and (b), Health and Safety Code, for court-ordered
336	336	administration of psychoactive medications.
337	337	(d) The court may issue an order under this article only if
338	338	the order is supported by the testimony of [two physicians, one of
339	339	whom is] the primary care provider [physician] at or with the
340	340	applicable facility or program who is prescribing the medication as
341	341	a component of the defendant's continuity of care plan [and another
342	342	who is not otherwise involved in proceedings against the
343	343	defendant]. The court may require the primary care provider
344	344	[either or both physicians] to examine the defendant and report on
345	345	the examination to the court.
346	346	(f) A statement made by a defendant to a primary care
347	347	provider [physician] during an examination under Subsection (d) may
348	348	not be admitted against the defendant in any criminal proceeding,
349	349	other than at:
350	350	(1) a hearing on the defendant's incompetency; or
351	351	(2) any proceeding at which the defendant first
352	352	introduces into evidence the contents of the statement.
353	353	(h) In this article, "primary care provider" has the meaning
354	354	assigned by Section 574.101, Health and Safety Code.
355	355	SECTION 16. Articles 46B.091(d), (g), (i), (j), and (j-1),
356	356	Code of Criminal Procedure, are amended to read as follows:
357	357	(d) A jail-based competency restoration program provider
358	358	must:
359	359	(1) provide jail-based competency restoration
360	360	services, through the use of a multidisciplinary treatment team,
361	361	that are [:
362	362	[(A)] directed toward the specific objective of
363	363	restoring the defendant's competency to stand trial; [and
364	364	[(B) similar to other competency restoration
365	365	programs;]
366	366	(2) employ or contract for the services of at least one
367	367	psychiatrist to oversee a defendant's medication management;
368	368	(3) provide jail-based competency restoration
369	369	services through licensed or qualified mental health
370	370	professionals;
371	371	(4) provide weekly competency restoration hours
372	372	commensurate to the hours provided as part of a competency
373	373	restoration program at an inpatient mental health facility;
374	374	(5) operate the program in the jail in a designated
375	375	space that is separate from the space used for the general
376	376	population of the jail;
377	377	(6) ensure coordination with the jail's behavioral
378	378	health provider regarding a defendant's treatment plan [of general
379	379	health care];
380	380	(7) provide mental health treatment and substance use
381	381	disorder treatment to defendants, as necessary, for competency
382	382	restoration; and
383	383	(8) ensure the provision of [supply] clinically
384	384	appropriate psychoactive medications for purposes of administering
385	385	court-ordered medication to defendants as applicable and in
386	386	accordance with Article 46B.086 of this code or Section 574.106,
387	387	Health and Safety Code.
388	388	(g) A psychiatrist or psychologist for the provider who has
389	389	the qualifications described by Article 46B.022 shall evaluate the
390	390	defendant's competency and report to the court as required by
391	391	Article 46B.079. The psychiatrist or psychologist performing the
392	392	evaluation is not required to be appointed by the court as a
393	393	disinterested expert under Article 46B.021.
394	394	(i) If at any time during a defendant's commitment to a
395	395	program implemented under this article the psychiatrist or
396	396	psychologist for the provider determines that the defendant's
397	397	competency to stand trial is unlikely to be restored in the period
398	398	authorized under this subchapter, including any possible extension
399	399	under Article 46B.080 [foreseeable future]:
400	400	(1) the psychiatrist or psychologist for the provider
401	401	shall promptly issue and send to the court a report demonstrating
402	402	that fact; and
403	403	(2) the court shall:
404	404	(A) proceed under Subchapter E or F and order the
405	405	transfer of the defendant, without unnecessary delay, to the first
406	406	available facility that is appropriate for that defendant, as
407	407	provided under Subchapter E or F, as applicable; or
408	408	(B) release the defendant on bail as permitted
409	409	under Chapter 17.
410	410	(j) Based on a review of the defendant's progress toward
411	411	achieving competency, if the jail-based competency restoration
412	412	program provider believes that a defendant [If the psychiatrist or
413	413	psychologist for the provider determines that a defendant committed
414	414	to a program implemented under this article] has not been restored
415	415	to competency by the end of the 60th day after the date the
416	416	defendant began to receive services in the program, the provider
417	417	[jail-based competency restoration program] shall continue to
418	418	provide competency restoration services to the defendant for the
419	419	period authorized by Article 46B.073(b) [by this subchapter],
420	420	including any extension ordered under Article 46B.080, unless:
421	421	(1) the provider [jail-based competency restoration
422	422	program] is notified that space at an inpatient mental health
423	423	facility or residential care facility [a facility or outpatient
424	424	competency restoration program] appropriate for the defendant is
425	425	available or the provider believes that the defendant is clinically
426	426	ready and can be safely transferred to an outpatient competency
427	427	restoration program; and
428	428	(2) [,] as applicable based on the period for which the
429	429	services are authorized:
430	430	(A) [(1)] for a defendant charged with a felony,
431	431	not less than 45 days are remaining in the initial restoration
432	432	period; or
433	433	(B) [(2)] for a defendant charged with a felony
434	434	or a misdemeanor, an extension has been ordered under Article
435	435	46B.080 and not less than 45 days are remaining under the extension
436	436	order.
437	437	(j-1) After receipt of a notice under Subsection (j) that
438	438	space at an inpatient mental health facility or residential care
439	439	facility is available, the defendant shall be transferred without
440	440	unnecessary delay to the appropriate mental health facility or [,]
441	441	residential care facility [, or outpatient competency restoration
442	442	program] for the remainder of the period permitted by Article
443	443	46B.073(b) [this subchapter], including any extension that may be
444	444	ordered under Article 46B.080 if an extension has not previously
445	445	been ordered under that article. If the provider believes that the
446	446	defendant is clinically ready and can be safely transferred to an
447	447	outpatient competency restoration program, the provider must
448	448	promptly notify the court to allow the court to evaluate whether to
449	449	order the transfer of the defendant to an outpatient competency
450	450	restoration program in accordance with Subsection (m). If the
451	451	defendant is not transferred, and if the psychiatrist or
452	452	psychologist for the provider determines that the defendant has not
453	453	been restored to competency by the end of the period authorized by
454	454	this subchapter, the defendant shall be returned to the court for
455	455	further proceedings. For a defendant charged with a felony or a
456	456	misdemeanor, the court may:
457	457	(1) proceed under Subchapter E or F;
458	458	(2) release the defendant on bail as permitted under
459	459	Chapter 17; or
460	460	(3) dismiss any misdemeanor charge [the charges] in
461	461	accordance with Article 46B.010.
462	462	SECTION 17. Article 46B.101, Code of Criminal Procedure, is
463	463	amended to read as follows:
464	464	Art. 46B.101. APPLICABILITY. This subchapter applies to a
465	465	defendant against whom a court is required to proceed according to
466	466	Article 46B.084(e) or 46B.0855 or according to the court's
467	467	appropriate determination under Article 46B.055(2) [46B.071].
468	468	SECTION 18. Article 46B.103(c), Code of Criminal Procedure,
469	469	is amended to read as follows:
470	470	(c) If the court enters an order committing the defendant to
471	471	a residential care facility, the defendant shall be:
472	472	(1) treated and released in accordance with Subtitle
473	473	D, Title 7, Health and Safety Code, except as otherwise provided by
474	474	this chapter; and
475	475	(2) released in conformity with Article 46B.1075
476	476	[46B.107].
477	477	SECTION 19. Article 46B.104, Code of Criminal Procedure, is
478	478	amended to read as follows:
479	479	Art. 46B.104. CIVIL COMMITMENT PLACEMENT: FINDING OF
480	480	VIOLENCE. (a) This article applies to a [A] defendant committed to
481	481	a commission-designated facility as a result of proceedings
482	482	initiated under this chapter [shall be committed to the facility
483	483	designated by the commission] if:
484	484	(1) the defendant is charged with an offense listed in
485	485	Article 17.032(a); or
486	486	(2) the indictment charging the offense alleges an
487	487	affirmative finding under Article 42A.054(c) or (d).
488	488	(b) The court shall send a copy of the order of commitment to
489	489	the applicable facility.
490	490	(c) For a defendant whose initial commitment is under this
491	491	subchapter as provided by Article 46B.055(2), the court shall:
492	492	(1) provide to the facility copies of the following
493	493	items made available to the court during the incompetency trial:
494	494	(A) reports of each expert;
495	495	(B) psychiatric, psychological, or social work
496	496	reports that relate to the current mental condition of the
497	497	defendant;
498	498	(C) documents provided by the attorney
499	499	representing the state or the defendant's attorney that relate to
500	500	the defendant's current or past mental condition;
501	501	(D) copies of the indictment or information and
502	502	any supporting documents used to establish probable cause in the
503	503	case;
504	504	(E) the defendant's criminal history record
505	505	information; and
506	506	(F) the addresses of the attorney representing
507	507	the state and the defendant's attorney; and
508	508	(2) direct the court reporter to promptly prepare and
509	509	provide to the facility transcripts of all medical testimony
510	510	received by the jury or court.
511	511	SECTION 20. Article 46B.1055, Code of Criminal Procedure,
512	512	is amended by amending Subsections (b), (c), (d), (g), and (i) and
513	513	adding Subsections (b-1) and (c-1) to read as follows:
514	514	(b) The defendant, the head of the mental health facility to
515	515	which the defendant is committed, or the attorney representing the
516	516	state may request that the court modify an order for inpatient
517	517	mental health treatment [or residential care] to order the
518	518	defendant to participate in an outpatient treatment program.
519	519	(b-1) The defendant, the head of the residential care
520	520	facility to which the defendant is committed, or the attorney
521	521	representing the state may request that the court modify an order
522	522	for commitment to a residential care facility.
523	523	(c) If the head of the mental health facility to which the
524	524	defendant is committed makes a request under Subsection (b), not
525	525	later than the 14th day after the date of the request the court
526	526	shall hold a hearing to determine whether the court should modify
527	527	the order for inpatient mental health treatment [or residential
528	528	care] in accordance with Subtitle C, Title 7, Health and Safety
529	529	Code.
530	530	(c-1) If the head of the residential care facility to which
531	531	the defendant is committed makes a request under Subsection (b-1),
532	532	not later than the 14th day after the date of the request the court
533	533	shall hold a hearing to determine whether the court should modify
534	534	the order for commitment to a residential care facility in
535	535	accordance with Article 46B.1075.
536	536	(d) If the defendant or the attorney representing the state
537	537	makes a request under Subsection (b) or (b-1), not later than the
538	538	14th day after the date of the request the court shall grant the
539	539	request, deny the request, or hold a hearing on the request to
540	540	determine whether the court should modify the order for inpatient
541	541	mental health treatment or for residential care. A court is not
542	542	required to hold a hearing under this subsection unless the request
543	543	and any supporting materials provided to the court provide a basis
544	544	for believing modification of the order may be appropriate.
545	545	(g) If a request under Subsection (b) is made by a defendant
546	546	before the 91st day after the date the court makes a determination
547	547	on a previous request under that subsection, the court is not
548	548	required to act on the request until the earlier of:
549	549	(1) the expiration of the current order for inpatient
550	550	mental health treatment [or residential care]; or
551	551	(2) the 91st day after the date of the court's previous
552	552	determination.
553	553	(i) The court shall rule on a request made under Subsection
554	554	(b) or (b-1) as soon as practicable after a hearing on the request,
555	555	but not later than the 14th day after the date of the request.
556	556	SECTION 21. The heading to Article 46B.107, Code of
557	557	Criminal Procedure, is amended to read as follows:
558	558	Art. 46B.107. RELEASE OF DEFENDANT AFTER CIVIL COMMITMENT:
559	559	MENTAL ILLNESS.
560	560	SECTION 22. Article 46B.107, Code of Criminal Procedure, is
561	561	amended by amending Subsections (a) and (d) and adding Subsection
562	562	(a-1) to read as follows:
563	563	(a) This article applies only to a defendant who has been
564	564	committed under Article 46B.102.
565	565	(a-1) The release of a defendant committed under this
566	566	chapter from the commission, an outpatient treatment program, or
567	567	another facility is subject to disapproval by the committing court
568	568	if the court or the attorney representing the state has notified the
569	569	head of the facility or outpatient treatment provider, as
570	570	applicable, to which the defendant has been committed that a
571	571	criminal charge remains pending against the defendant.
572	572	(d) The court shall, on receiving notice from the head of a
573	573	facility or outpatient treatment provider of intent to release the
574	574	defendant under Subsection (b), hold a hearing to determine whether
575	575	release is appropriate under the applicable criteria in Subtitle C
576	576	[or D], Title 7, Health and Safety Code. The court may, on motion
577	577	of the attorney representing the state or on its own motion, hold a
578	578	hearing to determine whether release is appropriate under the
579	579	applicable criteria in Subtitle C [or D], Title 7, Health and Safety
580	580	Code, regardless of whether the court receives notice that the head
581	581	of a facility or outpatient treatment provider provides notice of
582	582	intent to release the defendant under Subsection (b). The court
583	583	may conduct the hearing:
584	584	(1) at the facility; or
585	585	(2) by means of an electronic broadcast system as
586	586	provided by Article 46B.013.
587	587	SECTION 23. Subchapter E, Chapter 46B, Code of Criminal
588	588	Procedure, is amended by adding Article 46B.1075 to read as
589	589	follows:
590	590	Art. 46B.1075. RELEASE OF DEFENDANT AFTER CIVIL COMMITMENT:
591	591	INTELLECTUAL DISABILITY. (a) This article applies only to a
592	592	defendant who has been committed under Article 46B.103.
593	593	(b) The release of a defendant committed to a residential
594	594	care facility under this chapter is subject to disapproval by the
595	595	committing court if the court or the attorney representing the
596	596	state has notified the head of the residential care facility that a
597	597	criminal charge remains pending against the defendant.
598	598	(c) If the head of the residential care facility determines
599	599	that the defendant should be released from the facility, the head of
600	600	the facility shall notify the committing court and the sheriff of
601	601	the county from which the defendant was committed in writing of the
602	602	release not later than the 14th day before the date on which the
603	603	residential care facility intends to release the defendant.
604	604	(d) The head of the residential care facility shall provide
605	605	with the notice:
606	606	(1) a written statement that states an opinion
607	607	regarding whether the defendant has attained competency to stand
608	608	trial; and
609	609	(2) the interdisciplinary team recommendation
610	610	prepared for the defendant under Section 593.013, Health and Safety
611	611	Code.
612	612	(e) The defendant, the head of the residential care
613	613	facility, or the attorney representing the state may request that
614	614	the court approve the release of the defendant or approve the
615	615	release and require the defendant's participation in a
616	616	community-based living plan.
617	617	(f) Not later than the 14th day after the date of a request
618	618	under Subsection (e), the court shall hold a hearing to determine
619	619	whether the court should deny the request to release the defendant
620	620	from the residential care facility, grant the request, or grant the
621	621	request and require the defendant's participation in a
622	622	community-based living plan. Notice of the hearing must be
623	623	provided in accordance with Section 593.048, Health and Safety
624	624	Code.
625	625	(g) The court may conduct the hearing:
626	626	(1) at the residential care facility; or
627	627	(2) by means of an electronic broadcast system as
628	628	provided by Article 46B.013.
629	629	(h) On receipt of a request to release the defendant under
630	630	Subsection (e), the court shall require the residential care
631	631	facility to submit:
632	632	(1) a report indicating whether:
633	633	(A) the defendant's continued placement at the
634	634	residential care facility is appropriate for the defendant's
635	635	individual needs;
636	636	(B) the defendant can adequately and
637	637	appropriately reside in another setting; and
638	638	(C) appropriate community-based services are
639	639	available to the defendant; and
640	640	(2) a community living discharge plan for the
641	641	defendant.
642	642	(i) If, after a hearing, the preponderance of evidence shows
643	643	that the defendant's continued placement at the facility is no
644	644	longer appropriate for the defendant's individual needs, the
645	645	defendant can adequately and appropriately reside in another
646	646	setting, and appropriate community-based services are available to
647	647	the defendant, the court shall enter an order that grants the
648	648	release of the defendant from the facility. The court may also
649	649	require the defendant to participate in a community-based living
650	650	plan based on the community living discharge plan submitted under
651	651	Subsection (h)(2). If the court requires the defendant to
652	652	participate in a community-based living plan, the court shall
653	653	designate the local intellectual and developmental disability
654	654	authority responsible for supervising the community-based living
655	655	plan.
656	656	(j) The community-based living plan may be amended, without
657	657	court approval, by the residential care facility or the local
658	658	intellectual and developmental disability authority to address the
659	659	defendant's ongoing needs.
660	660	(k) The court shall rule on a request made under Subsection
661	661	(e) as soon as practicable after a hearing on the request but not
662	662	later than the 14th day after the date of the request. If a hearing
663	663	is not held during that period, the request to release the defendant
664	664	is automatically granted.
665	665	(l) An order authorizing the release of the defendant and
666	666	requiring the defendant to participate in a community-based living
667	667	plan must specify a period of participation that may not exceed 12
668	668	months, and the court may not order the defendant to participate in
669	669	any subsequent community-based living plan in connection with the
670	670	same offense.
671	671	(m) If a request under Subsection (e) is made by a defendant
672	672	before the 91st day after the date the court makes a determination
673	673	on a previous request under that subsection, the court is not
674	674	required to act on the request until the 91st day after the date of
675	675	the court's previous determination.
676	676	(n) A proceeding for granting the release of the defendant
677	677	and requiring the defendant's participation in a community-based
678	678	living plan is governed by Subtitle D, Title 7, Health and Safety
679	679	Code, to the extent that subtitle applies and does not conflict with
680	680	this chapter, except that the criminal court shall conduct the
681	681	proceeding regardless of whether the criminal court is also the
682	682	county court.
683	683	(o) A defendant is entitled to an appeal from an order
684	684	denying the defendant's release or requiring the defendant's
685	685	participation in a community-based living plan.
686	686	(p) The local intellectual and developmental disability
687	687	authority responsible for supervising a defendant's
688	688	community-based living plan shall inform the court if the authority
689	689	determines the defendant's return to the residential care facility
690	690	is necessary at any time during the period provided by Subsection
691	691	(l).
692	692	SECTION 24. Article 46B.109(b), Code of Criminal Procedure,
693	693	is amended to read as follows:
694	694	(b) The head of the facility or outpatient treatment
695	695	provider shall provide with the request a written statement that in
696	696	their opinion the defendant is competent to stand trial and shall
697	697	file with the court as provided by Article 46B.025 a report stating
698	698	the reason why the facility or provider believes the defendant has
699	699	been restored to competency. The head of the facility or outpatient
700	700	treatment provider must include with the report a list of the types
701	701	and dosages of medications prescribed for the defendant while the
702	702	defendant was receiving services in the facility or through the
703	703	outpatient treatment program. The court shall provide copies of
704	704	the written statement and report to the attorney representing the
705	705	state and the defendant's attorney. Either party may object to the
706	706	findings in the written statement or report as provided by Article
707	707	46B.1115.
708	708	SECTION 25. Subchapter E, Chapter 46B, Code of Criminal
709	709	Procedure, is amended by adding Article 46B.1115 to read as
710	710	follows:
711	711	Art. 46B.1115. PROCEEDINGS TO DETERMINE RESTORATION OF
712	712	COMPETENCY. The periods for objecting to the written statement and
713	713	report filed under Article 46B.109(b) and for conducting a hearing
714	714	on the defendant's competency under this subchapter are the same as
715	715	those specified under Article 46B.084.
716	716	SECTION 26. Article 46B.114, Code of Criminal Procedure, is
717	717	amended to read as follows:
718	718	Art. 46B.114. TRANSPORTATION OF DEFENDANT TO COURT. (a) If
719	719	the hearing is not conducted at the facility to which the defendant
720	720	has been committed under this chapter or conducted by means of an
721	721	electronic broadcast system as described by this subchapter, an
722	722	order setting a hearing to determine whether the defendant has been
723	723	restored to competency shall direct that [, as soon as practicable
724	724	but not earlier than 72 hours before the date the hearing is
725	725	scheduled,] the defendant be placed in the custody of the sheriff of
726	726	the county in which the committing court is located or the sheriff's
727	727	designee for prompt transportation to the court. [The sheriff or
728	728	the sheriff's designee may not take custody of the defendant under
729	729	this article until 72 hours before the date the hearing is
730	730	scheduled.]
731	731	(b) If before the 15th day after the date on which the court
732	732	received notification under Article 46B.109 that a defendant
733	733	committed to a facility or ordered to participate in an outpatient
734	734	treatment program has not been transported to the court that issued
735	735	the order under this subchapter, the head of the facility or
736	736	outpatient treatment provider shall cause the defendant to be
737	737	promptly transported to the court and placed in the custody of the
738	738	sheriff of the county in which the court is located. The county in
739	739	which the court is located shall reimburse the commission or
740	740	outpatient treatment provider, as appropriate, for the mileage and
741	741	per diem expenses of the personnel required to transport the
742	742	defendant, calculated in accordance with rates provided in the
743	743	General Appropriations Act for state employees.
744	744	SECTION 27. Article 46B.151(a), Code of Criminal Procedure,
745	745	is amended to read as follows:
746	746	(a) If a court is required by Article 46B.084(f) or 46B.0855
747	747	or by its appropriate determination under Article 46B.055(2)
748	748	[46B.071] to proceed under this subchapter, or if the court is
749	749	permitted by Article 46B.004(e) to proceed under this subchapter,
750	750	the court shall determine whether there is evidence to support a
751	751	finding that the defendant is either a person with mental illness or
752	752	a person with an intellectual disability.
753	753	SECTION 28. Chapter 121, Government Code, is amended by
754	754	adding Section 121.005 to read as follows:
755	755	Sec. 121.005. JURISDICTION AND AUTHORITY OF JUDGE OR
756	756	MAGISTRATE IN NON-REGIONAL SPECIALTY COURT PROGRAM. (a) This
757	757	section applies to a specialty court established under this
758	758	subtitle by a single county or municipality.
759	759	(b) For a case properly transferred to the program, the
760	760	judge or magistrate of a specialty court program to which this
761	761	section applies may:
762	762	(1) enter orders, judgments, and decrees for the case;
763	763	(2) sign orders of detention, order community service,
764	764	or impose other reasonable and necessary sanctions;
765	765	(3) send recommendations for dismissal and expunction
766	766	to the originating trial court for a defendant who successfully
767	767	completes the program; and
768	768	(4) return the case and documentation required by this
769	769	subtitle to the originating trial court for final disposition on a
770	770	defendant's successful completion of or removal from the program.
771	771	(c) A visiting judge assigned to preside over a specialty
772	772	court program to which this section applies has the same authority
773	773	as the judge or magistrate appointed to preside over the program.
774	774	SECTION 29. Section 125.001, Government Code, is amended to
775	775	read as follows:
776	776	Sec. 125.001. MENTAL HEALTH COURT PROGRAM DEFINED;
777	777	PROCEDURES FOR CERTAIN DEFENDANTS. (a) In this chapter, "mental
778	778	health court program" means:
779	779	(1) a program under the supervision and direction of a
780	780	court with criminal jurisdiction; or
781	781	(2) an assisted outpatient treatment court program for
782	782	persons subject to court-ordered outpatient mental health services
783	783	under Chapter 574, Health and Safety Code.
784	784	(b) A mental health court program as defined by Subsection
785	785	(a) [that] has the following essential characteristics:
786	786	(1) the integration of mental illness treatment
787	787	services and intellectual disability services in the processing of
788	788	cases in the judicial system;
789	789	(2) the use of a nonadversarial approach involving
790	790	prosecutors and defense attorneys, or involving attorneys
791	791	representing proposed patients and attorneys requesting
792	792	court-ordered outpatient mental health services under Chapter 574,
793	793	Health and Safety Code, to promote public safety and to protect the
794	794	due process rights of program participants;
795	795	(3) early identification and prompt placement of
796	796	eligible participants in a [the] program;
797	797	(4) access to mental illness treatment services and
798	798	intellectual disability services;
799	799	(5) ongoing judicial interaction with program
800	800	participants;
801	801	(6) diversion or potential diversion of a defendant in
802	802	any pending criminal case [defendants] who has [potentially have] a
803	803	mental illness or an intellectual disability to needed services as
804	804	an alternative to subjecting the defendant [those defendants] to
805	805	the criminal justice system;
806	806	(7) monitoring and evaluation of program goals and
807	807	effectiveness;
808	808	(8) continuing interdisciplinary education to promote
809	809	effective program planning, implementation, and operations; and
810	810	(9) development of partnerships with public agencies
811	811	and community organizations, including local intellectual and
812	812	developmental disability authorities.
813	813	(c) [(b)] If a defendant with a pending criminal case
814	814	successfully completes a mental health court program, after notice
815	815	to the attorney representing the state and a hearing in the mental
816	816	health court at which that court determines that a dismissal is in
817	817	the best interest of justice, the mental health court shall provide
818	818	to the court in which the criminal case is pending information about
819	819	the dismissal and shall include all of the information required
820	820	about the defendant for a petition for expunction under Article
821	821	55A.253, Code of Criminal Procedure. The court in which the
822	822	criminal case is pending shall dismiss the case against the
823	823	defendant and:
824	824	(1) if that trial court is a district court, the court
825	825	may, with the consent of the attorney representing the state, enter
826	826	an order of expunction on behalf of the defendant under Article
827	827	55A.203(b), Code of Criminal Procedure; or
828	828	(2) if that trial court is not a district court, the
829	829	court may, with the consent of the attorney representing the state,
830	830	forward the appropriate dismissal and expunction information to
831	831	enable a district court with jurisdiction to enter an order of
832	832	expunction on behalf of the defendant under Article 55A.203(b),
833	833	Code of Criminal Procedure.
834	834	SECTION 30. Section 125.002, Government Code, is amended to
835	835	read as follows:
836	836	Sec. 125.002. AUTHORITY TO ESTABLISH PROGRAM. (a) The
837	837	commissioners court of a county may establish a mental health court
838	838	program for persons who:
839	839	(1) have been arrested for or charged with a
840	840	misdemeanor or felony; and
841	841	(2) are suspected by a law enforcement agency or a
842	842	court of having a mental illness or an intellectual disability.
843	843	(b) The commissioners court of a county may establish a
844	844	mental health court program for persons who:
845	845	(1) have a mental illness;
846	846	(2) have demonstrated an inability to effectively
847	847	participate in outpatient mental health services voluntarily; and
848	848	(3) meet the criteria for court-ordered outpatient
849	849	mental health services under Chapter 574, Health and Safety Code.
850	850	SECTION 31. Section 125.003(a), Government Code, is amended
851	851	to read as follows:
852	852	(a) A mental health court program established under Section
853	853	125.002:
854	854	(1) may handle all issues arising under Articles 16.22
855	855	and 17.032, Code of Criminal Procedure, and Chapter 46B, Code of
856	856	Criminal Procedure; and
857	857	(2) must:
858	858	(A) ensure a person eligible for the program is
859	859	provided legal counsel before volunteering to proceed through the
860	860	mental health court program and while participating in the program;
861	861	(B) allow a defendant in a pending criminal case
862	862	[person], if eligible for the program, to choose whether to proceed
863	863	through the mental health court program or proceed through the
864	864	regular criminal justice system;
865	865	(C) if applicable, allow a participant to
866	866	withdraw from the mental health court program at any time before a
867	867	trial on the merits has been initiated;
868	868	(D) provide a participant with a court-ordered
869	869	individualized treatment plan indicating the services that will be
870	870	provided to the participant; and
871	871	(E) ensure that the jurisdiction of the mental
872	872	health court extends at least six months but does not extend beyond
873	873	the probationary period for the offense charged if the probationary
874	874	period is longer than six months.
875	875	SECTION 32. Section 125.005(a), Government Code, is amended
876	876	to read as follows:
877	877	(a) The commissioners court of a county with a population of
878	878	more than 200,000 shall:
879	879	(1) under the supervision and direction of a court
880	880	with criminal jurisdiction, establish a mental health court program
881	881	under Section 125.002; and
882	882	(2) direct the judge, magistrate, or coordinator to
883	883	comply with Section 121.002(c)(1).
884	884	SECTION 33. Section 574.101, Health and Safety Code, is
885	885	amended by adding Subdivision (2-a) to read as follows:
886	886	(2-a) "Primary care provider" means a health care
887	887	professional, including a physician, advanced practice registered
888	888	nurse, or physician assistant licensed in this state.
889	889	SECTION 34. The heading to Section 574.104, Health and
890	890	Safety Code, is amended to read as follows:
891	891	Sec. 574.104. PRIMARY CARE PROVIDER'S [PHYSICIAN'S]
892	892	APPLICATION FOR ORDER TO AUTHORIZE PSYCHOACTIVE MEDICATION; DATE
893	893	OF HEARING.
894	894	SECTION 35. Sections 574.104(a) and (b), Health and Safety
895	895	Code, are amended to read as follows:
896	896	(a) A primary care provider [physician] who is treating a
897	897	patient may, on behalf of the state, file an application in a
898	898	probate court or a court with probate jurisdiction for an order to
899	899	authorize the administration of a psychoactive medication
900	900	regardless of the patient's refusal if:
901	901	(1) the primary care provider [physician] believes
902	902	that the patient lacks the capacity to make a decision regarding the
903	903	administration of the psychoactive medication;
904	904	(2) the primary care provider [physician] determines
905	905	that the medication is the proper course of treatment for the
906	906	patient;
907	907	(3) the patient is under an order for inpatient mental
908	908	health services under this chapter or other law or an application
909	909	for court-ordered mental health services under Section 574.034,
910	910	574.0345, 574.035, or 574.0355 has been filed for the patient; and
911	911	(4) the patient, verbally or by other indication,
912	912	refuses to take the medication voluntarily.
913	913	(b) An application filed under this section must state:
914	914	(1) that the primary care provider [physician]
915	915	believes that the patient lacks the capacity to make a decision
916	916	regarding administration of the psychoactive medication and the
917	917	reasons for that belief;
918	918	(2) each medication the primary care provider
919	919	[physician] wants the court to compel the patient to take;
920	920	(3) whether an application for court-ordered mental
921	921	health services under Section 574.034, 574.0345, 574.035, or
922	922	574.0355 has been filed;
923	923	(4) whether a court order for inpatient mental health
924	924	services for the patient has been issued and, if so, under what
925	925	authority it was issued;
926	926	(5) the primary care provider's [physician's]
927	927	diagnosis of the patient; and
928	928	(6) the proposed method for administering the
929	929	medication and, if the method is not customary, an explanation
930	930	justifying the departure from the customary methods.
931	931	SECTION 36. Sections 574.106(a) and (a-1), Health and
932	932	Safety Code, are amended to read as follows:
933	933	(a) The court may issue an order authorizing the
934	934	administration of one or more classes of psychoactive medication to
935	935	a patient who:
936	936	(1) is under a court order to receive inpatient mental
937	937	health services; or
938	938	(2) is in custody awaiting trial in a criminal
939	939	proceeding and was ordered to receive inpatient mental health
940	940	services [in the six months preceding a hearing under this
941	941	section].
942	942	(a-1) The court may issue an order under this section only
943	943	if the court finds by clear and convincing evidence after the
944	944	hearing:
945	945	(1) that the patient lacks the capacity to make a
946	946	decision regarding the administration of the proposed medication
947	947	and treatment with the proposed medication is in the best interest
948	948	of the patient; or
949	949	(2) if the patient was ordered to receive inpatient
950	950	mental health services by a criminal court with jurisdiction over
951	951	the patient, that treatment with the proposed medication is in the
952	952	best interest of the patient and either:
953	953	(A) the patient presents a danger to the patient
954	954	or others in the inpatient mental health facility in which the
955	955	patient is being treated as a result of a mental illness [disorder
956	956	or mental defect] as determined under Section 574.1065; or
957	957	(B) the patient:
958	958	(i) has remained confined in a correctional
959	959	facility, as defined by Section 1.07, Penal Code, for a period
960	960	exceeding 72 hours while awaiting transfer for competency
961	961	restoration treatment; and
962	962	(ii) presents a danger to the patient or
963	963	others in the correctional facility as a result of a mental illness
964	964	[disorder or mental defect] as determined under Section 574.1065.
965	965	SECTION 37. Section 574.1065, Health and Safety Code, is
966	966	amended to read as follows:
967	967	Sec. 574.1065. FINDING THAT PATIENT PRESENTS A DANGER. In
968	968	making a finding under Section 574.106(a-1)(2) that, as a result of
969	969	a mental illness [disorder or mental defect], the patient presents
970	970	a danger to the patient or others in the inpatient mental health
971	971	facility in which the patient is being treated or in the
972	972	correctional facility, as applicable, the court shall consider:
973	973	(1) an assessment of the patient's present mental
974	974	condition;
975	975	(2) whether the patient has inflicted, attempted to
976	976	inflict, or made a serious threat of inflicting substantial
977	977	physical harm to the patient's self or to another while in the
978	978	facility; and
979	979	(3) whether the patient, in the six months preceding
980	980	the date the patient was placed in the facility, has inflicted,
981	981	attempted to inflict, or made a serious threat of inflicting
982	982	substantial physical harm to another that resulted in the patient
983	983	being placed in the facility.
984	984	SECTION 38. Section 574.107, Health and Safety Code, is
985	985	amended to read as follows:
986	986	Sec. 574.107. COSTS. (a) The costs for a hearing under
987	987	this subchapter for a patient committed under this chapter shall be
988	988	paid in accordance with Sections 571.017 and 571.018.
989	989	(b) The county in which the applicable criminal charges are
990	990	pending or were adjudicated shall pay as provided by Subsection (a)
991	991	the costs of a hearing that is held under Section 574.106 to
992	992	evaluate the court-ordered administration of psychoactive
993	993	medication to a person under the jurisdiction of a criminal court[:
994	994	[(1) a patient ordered to receive mental health
995	995	services as described by Section 574.106(a)(1) after having been
996	996	determined to be incompetent to stand trial or having been
997	997	acquitted of an offense by reason of insanity; or
998	998	[(2) a patient who:
999	999	[(A) is awaiting trial after having been
1000	1000	determined to be competent to stand trial; and
1001	1001	[(B) was ordered to receive mental health
1002	1002	services as described by Section 574.106(a)(2)].
1003	1003	SECTION 39. Section 574.110, Health and Safety Code, is
1004	1004	amended to read as follows:
1005	1005	Sec. 574.110. EXPIRATION OF ORDER. (a) An [Except as
1006	1006	provided by Subsection (b), an] order issued under Section 574.106
1007	1007	for a patient who is committed under this chapter expires on the
1008	1008	expiration or termination date of the order for temporary or
1009	1009	extended mental health services in effect when the order for
1010	1010	psychoactive medication is issued.
1011	1011	(b) This subsection applies only to a patient who is subject
1012	1012	to court-ordered inpatient mental health services or to a
1013	1013	jail-based competency restoration program under Chapter 46B, Code
1014	1014	of Criminal Procedure. An order issued under Section 574.106 for a
1015	1015	patient described by this subsection who, following the filing of a
1016	1016	report under Article 46B.079(b)(2) or 46B.109, Code of Criminal
1017	1017	Procedure, indicating the patient has attained competency to stand
1018	1018	trial, is returned to court or a correctional facility, as defined
1019	1019	by Section 1.07, Penal Code, to await trial in a criminal
1020	1020	proceeding, continues to be in effect until the earlier of the
1021	1021	following dates, as applicable:
1022	1022	(1) the 180th day after the date the defendant was
1023	1023	returned to the court or correctional facility;
1024	1024	(2) the date the defendant is acquitted, is convicted,
1025	1025	or enters a plea of guilty; or
1026	1026	(3) the date on which charges in the case are
1027	1027	dismissed.
1028	1028	(c) An order issued under Section 574.106 for a patient
1029	1029	described by Subsection (b) who is recommitted for competency
1030	1030	restoration is extended until the 30th day after the date of the
1031	1031	expiration of the previous order of the criminal court. A
1032	1032	subsequently issued order for psychoactive medication for a patient
1033	1033	described by Subsection (b) is extended until the 30th day after the
1034	1034	date of the expiration of the commitment order by the criminal
1035	1035	court, including any extension that may be ordered under Article
1036	1036	46B.080, Code of Criminal Procedure. A new order for psychoactive
1037	1037	medication may be sought from a court with probate jurisdiction
1038	1038	during any extension under this subsection.
1039	1039	(d) An order issued under Section 574.106 for a patient
1040	1040	subject to court-ordered inpatient mental health services under
1041	1041	Article 46C.256, Code of Criminal Procedure, is extended until the
1042	1042	30th day after the date of the expiration of the previous order of
1043	1043	the criminal court, including any renewal of the order under
1044	1044	Article 46C.261, Code of Criminal Procedure. A new order for
1045	1045	psychoactive medication may be sought from a court with probate
1046	1046	jurisdiction during any extension under this subsection.
1047	1047	SECTION 40. The following provisions are repealed:
1048	1048	(1) Article 46B.071(b), Code of Criminal Procedure;
1049	1049	(2) Articles 46B.073(c), (d), (e), and (f), Code of
1050	1050	Criminal Procedure; and
1051	1051	(3) Sections 574.035(d) and 574.0355(b), Health and
1052	1052	Safety Code.
1053	1053	SECTION 41. Not later than January 1, 2026, each local law
1054	1054	enforcement agency in this state shall submit the initial report
1055	1055	required by Article 16.23(d), Code of Criminal Procedure, as added
1056	1056	by this Act.
1057	1057	SECTION 42. This Act takes effect September 1, 2025.