Texas SB 362: Relating to court-ordered mental health services.

Bill Text

By:AAHuffman S.B.ANo.A362
A BILL TO BE ENTITLED
AN ACT
relating to court-ordered mental health services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONA1.AAChapter 46B, Code of Criminal Procedure, is
amended by adding Subchapter B-1 to read as follows:
SUBCHAPTER B-1. CIVIL COMMITMENT FOR OUTPATIENT MENTAL HEALTH
SERVICES: CHARGES PENDING
Art.A46B.041.AAOUTPATIENT MENTAL HEALTH SERVICES BEFORE
INCOMPETENCY TRIAL FOR CLASS B MISDEMEANOR. (a) This article
applies only to a defendant who is charged with an offense
punishable as a Class B misdemeanor and who the court determines is
not a danger to others and may be safely released on bail and
treated on an outpatient basis while charges remain pending.
(b)AAOn the motion of the attorney representing the state, if
it appears based on the court’s examination of the defendant under
Subchapter B that the defendant is a person with mental illness or a
person with an intellectual or developmental disability, and
subject to conditions reasonably related to ensuring public safety
and the effectiveness of the defendant’s treatment, the court may
release the defendant on bail while charges against the defendant
remain pending and enter an order transferring the defendant to the
appropriate court for proceedings to commit the defendant to a
course of outpatient mental health services to occur before the
court proceeds under this chapter or with the trial of the offense.
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(c)AAOn the motion of the attorney representing the state, if
the court determines the defendant has complied with appropriate
court-ordered outpatient treatment, the court may dismiss the
charges pending against the defendant and discharge the defendant.
(d)AAOn the motion of the attorney representing the state, if
the court determines the defendant has failed to comply with
appropriate court-ordered outpatient treatment, the court shall
proceed under this chapter or with the trial of the offense.
SECTIONA2.AASection 574.001, Health and Safety Code, is
amended by adding Subsection (g) to read as follows:
(g)AAAn order transferring a criminal defendant against whom
charges have not been dismissed to the appropriate court for a
hearing on court-ordered mental health services in accordance with
Subchapter B-1, Chapter 46B, Code of Criminal Procedure, serves as
an application under this section.
SECTIONA3.AASections 574.034(b) and (e), Health and Safety
Code, are amended to read as follows:
(b)AAThe judge may order a proposed patient to receive
court-ordered temporary outpatient mental health services only if:
(1)AAthe judge finds that appropriate mental health
services are available to the proposed patient; and
(2)AAthe judge or jury finds, from clear and convincing
evidence, that:
(A)AAthe proposed patient is a person with mental
illness;
(B)AAas a result of mental illness, the proposed
patient is unlikely to voluntarily participate in treatment that
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the court determines is necessary to prevent a relapse or harmful
deterioration of the proposed patient’s condition [the nature of
the mental illness is severe and persistent]; and
(C)AAthe proposed patient has demonstrated
noncompliance with mental health treatment, as shown by one or more
of the following events having occurred during the 48 months
immediately preceding the current proceeding [as a result of the
mental illness, the proposed patient will, if not treated, continue
to]:
(i)AAthe proposed patient was committed by a
court to receive inpatient mental health services two or more times
[suffer severe and abnormal mental, emotional, or physical
distress]; [and]
(ii)AAthe proposed patient was incarcerated
two or more times [experience deterioration of the ability to
function independently to the extent that the proposed patient will
be unable to live safely in the community without court-ordered
outpatient mental health services]; or [and]
(iii)AAthe proposed patient has committed
one or more acts, attempts, or threats of serious violence
[(D) the proposed patient has an inability to
participate in outpatient treatment services effectively and
voluntarily, demonstrated by:
[(i)AAany of the proposed patient’s actions
occurring within the two-year period which immediately precedes the
hearing; or
[(ii) specific characteristics of the
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proposed patient’s clinical condition that make impossible a
rational and informed decision whether to submit to voluntary
outpatient treatment].
(e)AATo be clear and convincing under Subsection
[Subdivision] (b)(2), the evidence must include expert testimony
[and, unless waived, evidence of a recent overt act or a continuing
pattern of behavior that tends to confirm:
[(1) the proposed patient’s distress;
[(2) the deterioration of ability to function
indepe