Law:Title 7. Mental Health And Mental Retardation. Subtitle E. Special Provisions Relating To Mental Illness And Mental Retardation from Chapter 614. Texas Correctional Office On Offenders With Medical Or Mental Impairments (Texas)

From Law Delta

Jump to: navigation, search

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

Contents

Chapter 614. Texas Correctional Office On Offenders With Medical Or Mental Impairments

Section  614.001.  Definitions.

In this chapter:

(1)  "Board" means the Texas Board of Criminal Justice.

(2)  "Case management" means a process by which a person or team responsible for establishing and continuously maintaining contact with a person with mental illness, a developmental disability, or mental retardation provides that person with access to services required by the person and ensures the coordinated delivery of those services to the person.

(3)  "Committee" means the Advisory Committee to the Texas Board of Criminal Justice on Offenders with Medical or Mental Impairments.

(3-a)  "Continuity of care and services" refers to the process of:

(A)  identifying the medical, psychiatric, or psychological care or treatment needs and educational or rehabilitative service needs of an offender with medical or mental impairments;

(B)  developing a plan for meeting the treatment, care, and service needs of the offender with medical or mental impairments; and

(C)  coordinating the provision of treatment, care, and services between the various agencies who provide treatment, care, or services such that they may continue to be provided to the offender at the time of arrest, while charges are pending, during post-adjudication or post-conviction custody or criminal justice supervision, and for pretrial diversion.

(4)  "Developmental disability" means a severe, chronic disability that:

(A)  is attributable to a mental or physical impairment or a combination of physical and mental impairments;

(B)  is manifested before the person reaches 22 years of age;

(C)  is likely to continue indefinitely;

(D)  results in substantial functional limitations in three or more of the following areas of major life activity:

(i)  self-care;

(ii)  self-direction;

(iii)  learning;

(iv)  receptive and expressive language;

(v)  mobility;

(vi)  capacity for independent living; or

(vii)  economic self-sufficiency; and

(E)  reflects the person's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services of extended or lifelong duration that are individually planned and coordinated.

(5)  "Mental illness" has the meaning assigned by Section 571.003.

(6)  "Mental impairment" means a mental illness, mental retardation, or a developmental disability.

(7)  "Mental retardation" has the meaning assigned by Section 591.003.

(8)  "Offender with a medical or mental impairment" means a juvenile or adult who is arrested or charged with a criminal offense and who:

(A)  has a mental impairment; or

(B)  is elderly, physically disabled, terminally ill, or significantly ill.

(9)  "Office" means the Texas Correctional Office on Offenders with Medical or Mental Impairments.

(10)  "Person with mental retardation" means a juvenile or adult with mental retardation that is not a mental disorder who, because of the mental deficit, requires special training, education, supervision, treatment, care, or control in the person's home or community or in a private or state school for persons with mental retardation.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.52, eff. Aug. 30, 1993; Acts 2003, 78th Leg., ch. 856, Sec. 2, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1306, Sec. 1, eff. September 1, 2007.



Section  614.002.  Composition Of Committee; Duties.

(a) The Advisory Committee to the Texas Board of Criminal Justice on Offenders with Medical or Mental Impairments is composed of 31 members.

(b)  The governor shall appoint, with the advice and consent of the senate:

(1)  four at-large members who have expertise in mental health, mental retardation, or developmental disabilities, three of whom must be forensic psychiatrists or forensic psychologists;

(2)  one at-large member who is the judge of a district court with criminal jurisdiction;

(3)  one at-large member who is a prosecuting attorney;

(4)  one at-large member who is a criminal defense attorney;

(5)  two at-large members who have expertise in the juvenile justice or criminal justice system; and

(6)  one at-large member whose expertise can further the mission of the committee.

(c)(1) The following entities, by September 1 of each even-numbered year, shall submit to the governor for consideration a list of five candidates from their respective fields for at-large membership on the committee:

(A)  the Texas District and County Attorneys Association;

(B)  the Texas Criminal Defense Lawyers Association;

(C)  the Texas Association of Counties;

(D)  the Texas Medical Association;

(E)  the Texas Society of Psychiatric Physicians;

(F)  the Texas Psychological Association;

(G)  the Sheriffs' Association of Texas;

(H)  the court of criminal appeals;

(I)  the County Judges and Commissioners Association of Texas; and

(J)  the Texas Conference of Urban Counties.

(2)  The Texas Medical Association, the Texas Society of Psychiatric Physicians, and the Texas Psychological Association may submit a candidate for membership only if the candidate has documented expertise and educational training in, as appropriate, medical forensics, forensic psychology, or forensic psychiatry.

(d)  A person may not be a member of the committee if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the committee.

(e)  The executive head of each of the following agencies, divisions of agencies, or associations, or that person's designated representative, shall serve as a member of the committee:

(1)  the correctional institutions division of the Texas Department of Criminal Justice;

(2)  the Department of State Health Services;

(3)  the parole division of the Texas Department of Criminal Justice;

(4)  the community justice assistance division of the Texas Department of Criminal Justice;

(5)   the Texas Juvenile Probation Commission;

(6)  the Texas Youth Commission;

(7)  the Department of Assistive and Rehabilitative Services;

(8)  the Texas Education Agency;

(9)  the Correctional Managed Health Care Committee;

(10)  the Mental Health Association in Texas;

(11)  the Board of Pardons and Paroles;

(12)  the Commission on Law Enforcement Officer Standards and Education;

(13)  the Texas Council of Community Mental Health and Mental Retardation Centers;

(14)  the Commission on Jail Standards;

(15)  the Texas Council for Developmental Disabilities;

(16)  the Texas Association for Retarded Citizens;

(17)  the National Alliance for the Mentally Ill of Texas;

(18)  the Parent Association for the Retarded of Texas, Inc.;

(19)  the Health and Human Services Commission; and

(20)  the Department of Aging and Disability Services.

(f)  In making the appointments under Subsection (b), the governor shall attempt to reflect the geographic and economic diversity of the state. Appointments to the committee shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.

(g)  It is a ground for removal from the committee that an at-large member:

(1)  does not have at the time of taking office the qualifications required by Subsection (b);

(2)  does not maintain during service on the committee the qualifications required by Subsection (b);

(3)  is ineligible for membership under Subsection (d);

(4)  cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term;

(5)  is absent from more than half of the regularly scheduled committee meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the committee; or

(6)  is absent from more than two consecutive regularly scheduled committee meetings that the member is eligible to attend.

(h)  The validity of an action of the committee is not affected by the fact that it is taken when a ground for removal of a committee member exists.

(i)  If the director of the committee has knowledge that a potential ground for removal exists, the director shall notify the presiding officer of the committee of the potential ground. The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists. If the potential ground for removal involves the presiding officer, the director shall notify the next highest ranking officer of the committee, who shall then notify the governor and the attorney general that a potential ground for removal exists.

(j)  A representative designated by the executive head of a state agency must be an officer or employee of the agency when designated and while serving on the committee.

(k)  The committee shall advise the board and the director of the Texas Correctional Office on Offenders with Medical or Mental Impairments on matters related to offenders with medical or mental impairments and perform other duties imposed by the board.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.53(a), eff. Aug. 30, 1993; Acts 1995, 74th Leg., ch. 321, Sec. 2.020, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 6.50, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 79, Sec. 5, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1188, Sec. 3.01, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 856, Sec. 3, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1170, Sec. 27.01, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 728, Sec. 9.005, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch. 1112, Sec. 1, eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 25.112, eff. September 1, 2009.



Section  614.003.  Texas Correctional Office On Offenders With Medical Or Mental Impairments; Director.

The Texas Correctional Office on Offenders with Medical or Mental Impairments shall perform duties imposed on or assigned to the office by this chapter, other law, the board, and the executive director of the Texas Department of Criminal Justice. The executive director of the Texas Department of Criminal Justice shall hire a director of the office. The director serves at the pleasure of the executive director. The director shall hire the employees for the office.

Added by Acts 1999, 76th Leg., ch. 1188, Sec. 3.02, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 856, Sec. 4, eff. Sept. 1, 2003.



Section  614.0031.  Training Program.

(a) A person who is appointed to and qualifies for office as a member of the committee may not vote, deliberate, or be counted as a member in attendance at a meeting of the committee until the person completes a training program that complies with this section.

(b)  The training program must provide the person with information regarding:

(1)  the legislation that created the committee and the office;

(2)  the programs operated by the committee and the office;

(3)  the role and functions of the committee and the office;

(4)  the rules of the committee and the office;

(5)  the current budget for the committee and the office;

(6)  the results of the most recent formal audit of the committee and the office;

(7)  the requirements of:

(A)  the open meetings law, Chapter 551, Government Code;

(B)  the public information law, Chapter 552, Government Code;

(C)  the administrative procedure law, Chapter 2001, Government Code; and

(D)  other laws relating to public officials, including conflict of interest laws; and

(8)  any applicable ethics policies adopted by the committee or the Texas Ethics Commission.

(c)  A person appointed to the committee is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.

Added by Acts 1999, 76th Leg., ch. 1188, Sec. 3.02, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 856, Sec. 5, eff. Sept. 1, 2003.



Section 614.0032.  Special Duties Related To Medically Recommended Supervision; Determinations Regarding Competency Or Fitness To Proceed.

(a) The office shall:

(1)  perform duties imposed on the office by Section 508.146, Government Code; and

(2)  periodically identify state jail felony defendants suitable for release under Section 15(i), Article 42.12, Code of Criminal Procedure, and perform other duties imposed on the office by that section.

(b)  The office shall:

(1)  with the special assistance of committee members appointed under Section 614.002(b)(1):

(A)  review examinations to determine the competency of defendants in criminal cases to stand trial and examinations to determine the fitness of children to proceed with respect to adjudications of delinquent conduct or conduct indicating a need for supervision; and

(B)  periodically report to the legislature and the court of criminal appeals findings made as a result of the review described by Paragraph (A); and

(2)  approve and make generally available in electronic format a standard form for use by experts in reporting competency examination results under Chapter 46B, Code of Criminal Procedure.

(c)  A district or juvenile court shall submit to the office on a monthly basis all reports based on examinations described by Subsection (b).

Added by Acts 2003, 78th Leg., ch. 856, Sec. 6, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 324, Sec. 35, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch. 1269, Sec. 3, eff. June 18, 2005.

Acts 2007, 80th Leg., R.S., Ch. 617, Sec. 2, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 8.003, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch. 1308, Sec. 44, eff. June 15, 2007.

Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 12.019, eff. September 1, 2009.



Section  614.004.  Terms.

The at-large members of the committee serve for staggered six-year terms with the terms of approximately one-third of the at-large members expiring on February 1 of each odd-numbered year.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991. Amended by Acts 2003, 78th Leg., ch. 856, Sec. 7, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1170, Sec. 27.02, eff. Sept. 1, 2003.



Section  614.005.  Officers; Meetings.

(a) The governor shall designate a member of the committee as the presiding officer of the committee to serve in that capacity at the pleasure of the governor.

(b)  The committee shall meet at least four times each year and may meet at other times at the call of the presiding officer or as provided by committee rule.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.53(a), eff. Aug. 30, 1993; Acts 1999, 76th Leg., ch. 1188, Sec. 3.03, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 856, Sec. 8, eff. Sept. 1, 2003.



Section  614.006.  Applicability Of Certain Government Code Provisions.

(a) The provisions of Chapter 2110, Government Code, other than Section 2110.002(a), apply to the committee.

(b)  A member of the committee is not entitled to compensation for performing duties on the committee but is entitled to receive reimbursement for travel and other necessary expenses incurred in performing official duties at the rate provided for state employees in the General Appropriations Act.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991. Amended by Acts 2003, 78th Leg., ch. 856, Sec. 9, eff. Sept. 1, 2003.



Section  614.007.  Powers And Duties.

The office shall:

(1)  determine the status of offenders with medical or mental impairments in the state criminal justice system;

(2)  identify needed services for offenders with medical or mental impairments;

(3)  develop a plan for meeting the treatment, rehabilitative, and educational needs of offenders with medical or mental impairments that includes a case management system and the development of community-based alternatives to incarceration;

(4)  cooperate in coordinating procedures of represented agencies for the orderly provision of services for offenders with medical or mental impairments;

(5)  evaluate programs in this state and outside this state for offenders with medical or mental impairments and recommend to the directors of state programs methods of improving the programs;

(6)  collect and disseminate information about available programs to judicial officers, law enforcement officers, probation and parole officers, providers of social services or treatment, and the public;

(7)  provide technical assistance to represented agencies and organizations in the development of appropriate training programs;

(8)  apply for and receive money made available by the federal or state government or by any other public or private source to be used by the office to perform its duties;

(9)  distribute to political subdivisions, private organizations, or other persons money appropriated by the legislature to be used for the development, operation, or evaluation of programs for offenders with medical or mental impairments;

(10)  develop and implement pilot projects to demonstrate a cooperative program to identify, evaluate, and manage outside of incarceration offenders with medical or mental impairments; and

(11)  assess the need for demonstration projects and provide management for approved projects.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.53(a), eff. Aug. 30, 1993; Acts 1997, 75th Leg., ch. 312, Sec. 6, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1188, Sec. 3.04, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 856, Sec. 10, eff. Sept. 1, 2003.



Section  614.008.  Community-based Diversion Program For Offenders With Medical Or Mental Impairments.

(a) The office may maintain at least one program in a county selected by the office to employ a cooperative community-based alternative system to divert from the state criminal justice system offenders with mental impairments or offenders who are identified as being elderly, physically disabled, terminally ill, or significantly ill and to rehabilitate those offenders.

(b)  The office may contract for or employ and train a case management team to carry out the purposes of the program and to coordinate the joint efforts of agencies represented on the committee.

(c)  The agencies represented on the committee shall perform duties and offer services as required by the office to further the purposes of the program and the office.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.53(a), eff. Aug. 30, 1993; Acts 2003, 78th Leg., ch. 856, Sec. 11, eff. Sept. 1, 2003.



Section 614.009.  Biennial Report.

Not later than February 1 of each odd-numbered year, the office shall present to the board and file with the governor, lieutenant governor, and speaker of the house of representatives a report giving the details of the office's activities during the preceding biennium.  The report must include:

(1)  an evaluation of any demonstration project undertaken by the office;

(2)  an evaluation of the progress made by the office toward developing a plan for meeting the treatment, rehabilitative, and educational needs of offenders with special needs;

(3)  recommendations of the office made in accordance with Section 614.007(5);

(4)  an evaluation of the development and implementation of the continuity of care and service programs established under Sections 614.013, 614.014, 614.015, 614.016, and 614.018, changes in rules, policies, or procedures relating to the programs, future plans for the programs, and any recommendations for legislation; and

(5)  any other recommendations that the office considers appropriate.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991. Amended by Acts 1993, 73rd Leg., ch. 488, Sec. 2, eff. Sept. 1, 1993; Acts 2003, 78th Leg., ch. 856, Sec. 12, eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 4.009, eff. June 19, 2009.



Section  614.0101.  Public Access.

The committee shall develop and implement policies that provide the public with a reasonable opportunity to appear before the committee and to speak on any issue under the jurisdiction of the committee or office.

Added by Acts 1999, 76th Leg., ch. 1188, Sec. 3.05, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 856, Sec. 13, eff. Sept. 1, 2003.



Section  614.0102.  Complaints.

(a) The office shall maintain a file on each written complaint filed with the office. The file must include:

(1)  the name of the person who filed the complaint;

(2)  the date the complaint is received by the office;

(3)  the subject matter of the complaint;

(4)  the name of each person contacted in relation to the complaint;

(5)  a summary of the results of the review or investigation of the complaint; and

(6)  an explanation of the reason the file was closed, if the office closed the file without taking action other than to investigate the complaint.

(b)  The office shall provide to the person filing the complaint and to each person who is a subject of the complaint a copy of the office's policies and procedures relating to complaint investigation and resolution.

(c)  The office, at least quarterly until final disposition of the complaint, shall notify the person filing the complaint and each person who is a subject of the complaint of the status of the investigation unless the notice would jeopardize an undercover investigation.

Added by Acts 1999, 76th Leg., ch. 1188, Sec. 3.05, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 856, Sec. 14, eff. Sept. 1, 2003.



Section  614.013.  Continuity Of Care For Offenders With Mental Impairments.

(a) The Texas Department of Criminal Justice, the Department of State Health Services, the bureau of identification and records of the Department of Public Safety, representatives of local mental health or mental retardation authorities appointed by the commissioner of the Department of State Health Services, and the directors of community supervision and corrections departments shall adopt a memorandum of understanding that establishes their respective responsibilities to institute a continuity of care and service program for offenders with mental impairments in the criminal justice system.  The office shall coordinate and monitor the development and implementation of the memorandum of understanding.

(b)  The memorandum of understanding must establish methods for:

(1)  identifying offenders with mental impairments in the criminal justice system and collecting and reporting prevalence rate data to the office;

(2)  developing interagency rules, policies, procedures, and standards for the coordination of care of and the exchange of information on offenders with mental impairments by local and state criminal justice agencies, the Texas Department of Mental Health and Mental Retardation, local mental health or mental retardation authorities, the Commission on Jail Standards, and local jails;

(3)  identifying the services needed by offenders with mental impairments to reenter the community successfully; and

(4)  establishing a process to report implementation activities to the office.

(c)  The Texas Department of Criminal Justice, the Department of State Health Services, local mental health or mental retardation authorities, and community supervision and corrections departments shall:

(1)  operate the continuity of care and service program for offenders with mental impairments in the criminal justice system with funds appropriated for that purpose; and

(2)  actively seek federal grants or funds to operate and expand the program.

(d)  Local and state criminal justice agencies shall, whenever possible, contract with local mental health or mental retardation authorities to maximize Medicaid funding and improve on the continuity of care and service program for offenders with mental impairments in the criminal justice system.

(e)  The office, in coordination with each state agency identified in Subsection (b)(2), shall develop a standardized process for collecting and reporting the memorandum of understanding implementation outcomes by local and state criminal justice agencies and local and state mental health or mental retardation authorities. The findings of these reports shall be submitted to the office by September 1 of each even-numbered year and shall be included in recommendations to the board in the office's biennial report under Section 614.009.

Added by Acts 1993, 73rd Leg., ch. 488, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 312, Sec. 7, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 165, Sec. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 856, Sec. 15, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1306, Sec. 2, eff. September 1, 2007.



Section  614.014.  Continuity Of Care For Elderly Offenders.

(a) The Texas Department of Criminal Justice, the Texas Department of Human Services, and the Texas Department on Aging by rule shall adopt a memorandum of understanding that establishes their respective responsibilities to institute a continuity of care and service program for elderly offenders in the criminal justice system. The office shall coordinate and monitor the development and implementation of the memorandum of understanding.

(b)  The memorandum of understanding must establish methods for:

(1)  identifying elderly offenders in the criminal justice system;

(2)  developing interagency rules, policies, and procedures for the coordination of care of and the exchange of information on elderly offenders by local and state criminal justice agencies, the Texas Department of Human Services, and the Texas Department on Aging; and

(3)  identifying the services needed by elderly offenders to reenter the community successfully.

(c)  The Texas Department of Criminal Justice, the Texas Department of Human Services, and the Texas Department on Aging shall:

(1)  operate the continuity of care and service program for elderly offenders in the criminal justice system with funds appropriated for that purpose; and

(2)  actively seek federal grants or funds to operate and expand the program.

Added by Acts 1993, 73rd Leg., ch. 488, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2003, 78th Leg., ch. 856, Sec. 16, eff. Sept. 1, 2003.



Section 614.015.  Continuity Of Care For Physically Disabled, Terminally Ill, Or Significantly Ill Offenders.

(a) The Texas Department of Criminal Justice, the Department of Assistive and Rehabilitative Services, the Department of State Health Services, and the Department of Aging and Disability Services by rule shall adopt a memorandum of understanding that establishes their respective responsibilities to institute a continuity of care and service program for offenders in the criminal justice system who are physically disabled, terminally ill, or significantly ill.  The council shall coordinate and monitor the development and implementation of the memorandum of understanding.

(b)  The memorandum of understanding must establish methods for:

(1)  identifying offenders in the criminal justice system who are physically disabled, terminally ill, or significantly ill;

(2)  developing interagency rules, policies, and procedures for the coordination of care of and the exchange of information on offenders who are physically disabled, terminally ill, or significantly ill by local and state criminal justice agencies, the Texas Department of Criminal Justice, the Department of Assistive and Rehabilitative Services, the Department of State Health Services, and the Department of Aging and Disability Services; and

(3)  identifying the services needed by offenders who are physically disabled, terminally ill, or significantly ill to reenter the community successfully.

(c)  The Texas Department of Criminal Justice, the Department of Assistive and Rehabilitative Services, the Department of State Health Services, and the Department of Aging and Disability Services shall:

(1)  operate, with funds appropriated for that purpose, the continuity of care and service program for offenders in the criminal justice system who are physically disabled, terminally ill, or significantly ill; and

(2)  actively seek federal grants or funds to operate and expand the program.

Added by Acts 1993, 73rd Leg., ch. 488, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 835, Sec. 26, eff. Sept. 1, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1306, Sec. 3, eff. September 1, 2007.



Section  614.016.  Continuity Of Care For Certain Offenders By Law Enforcement And Jails.

(a) The office, the Commission on Law Enforcement Officer Standards and Education, the bureau of identification and records of the Department of Public Safety, and the Commission on Jail Standards by rule shall adopt a memorandum of understanding that establishes their respective responsibilities to institute a continuity of care and service program for offenders in the criminal justice system who are mentally impaired, elderly, physically disabled, terminally ill, or significantly ill.

(b)  The memorandum of understanding must establish methods for:

(1)  identifying offenders in the criminal justice system who are mentally impaired, elderly, physically disabled, terminally ill, or significantly ill;

(2)  developing procedures for the exchange of information relating to offenders who are mentally impaired, elderly, physically disabled, terminally ill, or significantly ill by the office, the Commission on Law Enforcement Officer Standards and Education, and the Commission on Jail Standards for use in the continuity of care and services program; and

(3)  adopting rules and standards that assist in the development of a continuity of care and services program for offenders who are mentally impaired, elderly, physically disabled, terminally ill, or significantly ill.

Added by Acts 1993, 73rd Leg., ch. 488, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2003, 78th Leg., ch. 856, Sec. 17, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1306, Sec. 4, eff. September 1, 2007.



Section 614.017.  Exchange Of Information.

(a) An agency shall:

(1)  accept information relating to a special needs offender or a juvenile with a mental impairment that is sent to the agency to serve the purposes of continuity of care and services regardless of whether other state law makes that information confidential; and

(2)  disclose information relating to a special needs offender or a juvenile with a mental impairment, including information about the offender's or juvenile's identity, needs, treatment, social, criminal, and vocational history, supervision status and compliance with conditions of supervision, and medical and mental health history, if the disclosure serves the purposes of continuity of care and services.

(b)  Information obtained under this section may not be used as evidence in any juvenile or criminal proceeding, unless obtained and introduced by other lawful evidentiary means.

(c)  In this section:

(1)  "Agency" includes any of the following entities and individuals, a person with an agency relationship with one of the following entities or individuals, and a person who contracts with one or more of the following entities or individuals:

(A)  the Texas Department of Criminal Justice and the Correctional Managed Health Care Committee;

(B)  the Board of Pardons and Paroles;

(C)  the Department of State Health Services;

(D)  the Texas Juvenile Probation Commission;

(E)  the Texas Youth Commission;

(F)  the Department of Assistive and Rehabilitative Services;

(G)  the Texas Education Agency;

(H)  the Commission on Jail Standards;

(I)  the Department of Aging and Disability Services;

(J)  the Texas School for the Blind and Visually Impaired;

(K)  community supervision and corrections departments and local juvenile probation departments;

(L)  personal bond pretrial release offices established under Article 17.42, Code of Criminal Procedure;

(M)  local jails regulated by the Commission on Jail Standards;

(N)  a municipal or county health department;

(O)  a hospital district;

(P)  a judge of this state with jurisdiction over juvenile or criminal cases;

(Q)  an attorney who is appointed or retained to represent a special needs offender or a juvenile with a mental impairment;

(R)  the Health and Human Services Commission;

(S)  the Department of Information Resources;

(T)  the bureau of identification and records of the Department of Public Safety, for the sole purpose of providing real-time, contemporaneous identification of individuals in the Department of State Health Services client data base; and

(U)  the Department of Family and Protective Services.

(2)  "Special needs offender" includes an individual for whom criminal charges are pending or who after conviction or adjudication is in custody or under any form of criminal justice supervision.

(3)  "Juvenile with a mental impairment" means a juvenile with a mental impairment in the juvenile justice system.

(d)  An agency shall manage confidential information accepted or disclosed under this section prudently so as to maintain, to the extent possible, the confidentiality of that information.

(e)  A person commits an offense if the person releases or discloses confidential information obtained under this section for purposes other than continuity of care and services, except as authorized by other law or by the consent of the person to whom the information relates.  An offense under this subsection is a Class B misdemeanor.

Added by Acts 1995, 74th Leg., ch. 321, Sec. 1.107, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 312, Sec. 8, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1067, Sec. 1, eff. June 18, 1999; Acts 1999, 76th Leg., ch. 1188, Sec. 3.06, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 247, Sec. 1, eff. May 22, 2001; Acts 2003, 78th Leg., ch. 6, Sec. 1, 2, 6, eff. April 10, 2003; Acts 2003, 78th Leg., ch. 856, Sec. 18, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 706, Sec. 1, eff. June 17, 2005.

Acts 2007, 80th Leg., R.S., Ch. 1306, Sec. 5, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 4.007, eff. June 19, 2009.

Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 4.008, eff. June 19, 2009.



Section 614.018.  Continuity Of Care For Juveniles With Mental Impairments.

(a) The Texas Juvenile Probation Commission, the Texas Youth Commission, the Department of Public Safety, the Department of State Health Services, the Department of Aging and Disability Services, the Department of Family and Protective Services, the Texas Education Agency, and local juvenile probation departments shall adopt a memorandum of understanding that establishes their respective responsibilities to institute a continuity of care and service program for juveniles with mental impairments in the juvenile justice system.  The Texas Correctional Office on Offenders with Medical and Mental Impairments shall coordinate and monitor the development and implementation of the memorandum of understanding.

(b)  The memorandum of understanding must establish methods for:

(1)  identifying juveniles with mental impairments in the juvenile justice system and collecting and reporting relevant data to the office;

(2)  developing interagency rules, policies, and procedures for the coordination of care of and the exchange of information on juveniles with mental impairments who are committed to or treated, served, or supervised by the Texas Youth Commission, the Texas Juvenile Probation Commission, the Department of Public Safety, the Department of State Health Services, the Department of Family and Protective Services, the Department of Aging and Disability Services, the Texas Education Agency, local juvenile probation departments, local mental health or mental retardation authorities, and independent school districts; and

(3)  identifying the services needed by juveniles with mental impairments in the juvenile justice system.

(c)  For purposes of this section, "continuity of care and service program" includes:

(1)  identifying the medical, psychiatric, or psychological care or treatment needs and educational or rehabilitative service needs of a juvenile with mental impairments in the juvenile justice system;

(2)  developing a plan for meeting the needs identified under Subdivision (1); and

(3)  coordinating the provision of continual treatment, care, and services throughout the juvenile justice system to juveniles with mental impairments.

Added by Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 4.006, eff. June 19, 2009.



Section 614.019.  Programs For Juveniles.

(a) The office, in cooperation with the Texas Commission on Alcohol and Drug Abuse, the Texas Department of Mental Health and Mental Retardation, the Department of Protective and Regulatory Services, the Texas Juvenile Probation Commission, the Texas Youth Commission, and the Texas Education Agency, may establish and maintain programs, building on existing successful efforts in communities, to address prevention, intervention, and continuity of care for juveniles with mental health and substance abuse disorders.

(b)  A child with mental illness who is receiving continuity of care services during parole from the Texas Youth Commission and who is no longer eligible to receive services from a local mental health authority when the child becomes 17 years of age because the child does not meet the requirements of a local service area plan under Section 533.0352(a) may continue to receive continuity of care services from the office until the child completes the child's parole.

(c)  A child with mental illness or mental retardation who is discharged from the Texas Youth Commission under Section 61.077, Human Resources Code, may receive continuity of care services from the office for a minimum of 90 days after discharge from the commission and for as long as necessary for the child to demonstrate sufficient stability to transition successfully to mental health or mental retardation services provided by a local mental health or mental retardation authority.

Added by Acts 2001, 77th Leg., ch. 328, Sec. 1, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 856, Sec. 19, eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1038, Sec. 3, eff. June 19, 2009.



Section  614.020.  Youth Assertive Community Treatment Program.

(a) The office may establish and maintain in Tarrant County an assertive community treatment program to provide treatment, rehabilitation, and support services to individuals in that county who:

(1)  are under 18 years of age;

(2)  have severe and persistent mental illness;

(3)  have a history of:

(A)  multiple hospitalizations;

(B)  poor performance in school;

(C)  placement in emergency shelters or residential treatment facilities; or

(D)  chemical dependency or abuse; and

(4)  have been placed on probation by a juvenile court.

(b)  The program must be modeled after other assertive community treatment programs established by the Texas Department of Mental Health and Mental Retardation. The program is limited to serving not more than 30 program participants at any time.

(c)  If the office creates and maintains a program under this section, the office shall provide for the program a team of licensed or degreed professionals in the clinical treatment or rehabilitation field to administer the program. A team provided under this subsection must include:

(1)  a registered nurse to provide full-time direct services to the program participants; and

(2)  a psychiatrist available to the program for 10 or more hours each week.

(d)  In administering the program, the program's professional team shall:

(1)  provide psychiatric, substance abuse, and employment services to program participants;

(2)  maintain a ratio of one or more team members for each 10 program participants to the extent practicable;

(3)  be available to program participants during evening and weekend hours;

(4)  meet the needs of special populations;

(5)  maintain at all times availability for addressing and managing a psychiatric crisis of any program participant; and

(6)  cover the geographic areas served by the program.

(e)  The office and the program shall cooperate with or contract with local agencies to avoid duplication of services and to maximize federal Medicaid funding.

Added by Acts 2001, 77th Leg., ch. 1499, Sec. 1, eff. Sept. 1, 2001. Renumbered from Health & Safety Sec. 614.019 and amended by Acts 2003, 78th Leg., ch. 856, Sec. 20, eff. Sept. 1, 2003.



Section 614.021.  Services For Wrongfully Imprisoned Persons.

(a) In this section, "wrongfully imprisoned person" has the meaning assigned by Section 501.091, Government Code.

(b)  The office shall develop a plan to use existing case management functions to assist wrongfully imprisoned persons who are discharged from the Texas Department of Criminal Justice in:

(1)  accessing medical and dental services, including assistance in completing documents required for application to federal entitlement programs;

(2)  obtaining mental health treatment and related support services through the public mental health system for as long as the wrongfully imprisoned person requires assistance; and

(3)  obtaining appropriate support services, as identified by the wrongfully imprisoned person and the assigned case manager, to assist the person in making the transition from incarceration into the community.

(c)  The office shall submit an annual report to the legislature on the provision of services under this section to wrongfully imprisoned persons.

Added by Acts 2009, 81st Leg., R.S., Ch. 180, Sec. 11, eff. September 1, 2009.


Personal tools
Laws
Variants
Actions
Navigation
Toolbox