Law:Title 7. Mental Health And Mental Retardation. Subtitle E. Special Provisions Relating To Mental Illness And Mental Retardation from Chapter 616. Mental Health Court Programs (Texas)

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Subtitle E. Special Provisions Relating To Mental Illness And Mental Retardation

Contents

Chapter 616. Mental Health Court Programs

Section  616.001.  Mental Health Court Program Defined.

In this chapter, "mental health court program" means a program that has the following essential characteristics:

(1)  the integration of mental illness treatment services and mental retardation services in the processing of cases in the judicial system;

(2)  the use of a nonadversarial approach involving prosecutors and defense attorneys to promote public safety and to protect the due process rights of program participants;

(3)  early identification and prompt placement of eligible participants in the program;

(4)  access to mental illness treatment services and mental retardation services;

(5)  ongoing judicial interaction with program participants;

(6)  diversion of potentially mentally ill or mentally retarded defendants to needed services as an alternative to subjecting 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 mental retardation authorities.

Added by Acts 2003, 78th Leg., ch. 1120, Sec. 1, eff. Sept. 1, 2003.



Section 616.002.  Authority To Establish Program.

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 mental retardation.

Added by Acts 2003, 78th Leg., ch. 1120, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 1130, Sec. 1, eff. June 18, 2005.



Section 616.003.  Program. (a)

A mental health court program established under Section 616.002:

(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 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)  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.

(b)  The issues shall be handled by a magistrate, as designated by Article 2.09, Code of Criminal Procedure, who is part of a mental health court program established under Section 616.002.

Added by Acts 2003, 78th Leg., ch. 1120, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 1130, Sec. 2, eff. June 18, 2005.



Section  616.004.  Oversight. (a)

The lieutenant governor and the speaker of the house of representatives may assign to appropriate legislative committees duties relating to the oversight of mental health court programs established under Section 616.002.

(b)  A legislative committee or the governor may request the state auditor to perform a management, operations, or financial or accounting audit of a mental health court program established under Section 616.002.

Added by Acts 2003, 78th Leg., ch. 1120, Sec. 1, eff. Sept. 1, 2003.



Section  616.005.  Participant Payment For Treatment And Services.

A mental health court program may require a participant to pay the cost of all treatment and services received while participating in the program, based on the participant's ability to pay.

Added by Acts 2003, 78th Leg., ch. 1120, Sec. 1, eff. Sept. 1, 2003.


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