Relating to procedures regarding certain persons who are or may be persons with a mental illness or intellectual or developmental disability.

89(R) HB 5465 - House Committee Report version - Bill Text

89R5564 EAS-D

By: Moody

H.B. No. 5465

A BILL TO BE ENTITLED

AN ACT

relating to procedures regarding certain persons who are or may be

persons with a mental illness or intellectual or developmental

disability.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 16.23, Code of Criminal Procedure, is

amended to read as follows:

Art. 16.23. DIVERSION OF PERSONS SUFFERING MENTAL HEALTH

CRISIS OR SUBSTANCE ABUSE ISSUE. (a) Each
local
law enforcement

agency shall make a good faith effort to divert a person suffering a

mental health crisis or suffering from the effects of substance

abuse to a
facility or program where the person can receive

treatment or services for the person's mental health crisis or

substance abuse issue.

(b)

Diversion for treatment or services is appropriate

under this article
[
proper treatment center in the agency's

jurisdiction
] if:

(1) [
there is an available and appropriate treatment

center in the agency's jurisdiction to which the agency may divert

the person;

[
(2)
] it is reasonable
under the circumstances
to

divert the person;

(2)
[
(3)
] the offense that the person is accused of is

a misdemeanor, other than a misdemeanor involving violence; and

(3)
[
(4)
] the mental health crisis or substance abuse

issue is suspected to be the reason the person committed the alleged

offense.

(c)
[
(b)
] Subsection (a) does not apply to a person who is

accused of an offense under Section 49.04, 49.045, 49.05, 49.06,

49.061, 49.065, 49.07, or 49.08, Penal Code.

(d)

Each local law enforcement agency shall adopt a plan for

diverting a person suffering a mental health crisis or suffering

from the effects of substance abuse in accordance with this article

and shall submit an annual report on the plan, including any changes

to the plan, to the:

(1)

governing body of each county or municipality

served by the agency; and

(2) Texas Commission on Law Enforcement.

SECTION 2. Subchapter C, Chapter 45A, Code of Criminal

Procedure, is amended by adding Article 45A.109 to read as follows:

Art.

45A.109.

DISMISSAL BASED ON DEFENDANT'S LACK OF

CAPACITY. (a) On motion by the state, the defendant, or a person

standing in parental relation to the defendant, or on the court's

own motion, a justice or judge shall determine whether probable

cause exists to believe that a defendant, including a defendant who

is a child as defined by Article 45A.453(a) or a defendant with a

mental illness or intellectual or developmental disability, lacks

the capacity to understand the proceedings in criminal court or to

assist in the defendant's own defense and is unfit to proceed.

(b)

If the justice or judge determines that probable cause

exists for a finding under Subsection (a), after providing notice

to the state, the justice or judge may dismiss the complaint.

(c)

A dismissal of a complaint under Subsection (b) may be

appealed as provided by Article 45A.202.

SECTION 3. Article 46B.025(b), Code of Criminal Procedure,

is amended to read as follows:

(b) If in the opinion of an expert appointed under Article

46B.021 the defendant is incompetent to proceed, the expert shall

state in the report:

(1) the symptoms, exact nature, severity, and expected

duration of the deficits resulting from the defendant's mental

illness or intellectual disability, if any, and the impact of the

identified condition on the factors listed in Article 46B.024;

(2) an estimate of the period needed to restore the

defendant's competency
;

(3)
[
, including
] whether the defendant is likely to

be restored to competency in the
initial restoration period

authorized under Subchapter D, including any possible extension

under Article 46B.080
[
foreseeable future
]; and

(4)
[
(3)
] prospective treatment options, if any,

appropriate for the defendant.

SECTION 4. Article 46B.055, Code of Criminal Procedure, is

amended to read as follows:

Art. 46B.055. PROCEDURE AFTER FINDING OF INCOMPETENCY. If

the defendant is found incompetent to stand trial, the court shall
:

(1)
proceed under Subchapter D
if the court determines

that the defendant is likely to be restored to competency in the

restoration period authorized under that subchapter, including any

possible extension under Article 46B.080; or

(2)

for a defendant whom the court determines is

unlikely to be restored to competency in the period described by

Subdivision (1):

(A) proceed under Subchapter E or F; or

(B)

release the defendant on bail as permitted

under Chapter 17
.

SECTION 5. Article 46B.071(a), Code of Criminal Procedure,

is amended to read as follows:

(a)
On
[
Except as provided by Subsection (b), on
] a

determination
under Article 46B.055(1)
that a defendant is

incompetent to stand trial
and is likely to be restored to

competency in the period authorized under this subchapter,

including any possible extension under Article 46B.080
, the court

shall:

(1) if the defendant is charged with an offense

punishable as a Class B misdemeanor
, or is charged with an offense

punishable as a Class A misdemeanor that did not result in bodily

injury to another person and the defendant has not been convicted in

the preceding two years of an offense that resulted in bodily injury

to another person
:

(A) release the defendant on bail under Article

46B.0711; or

(B)

if an outpatient competency restoration

program is unavailable or the defendant cannot be placed in an

outpatient competency restoration program before the 14th day after

the date of the court's order:

(i)

on the motion of the attorney

representing the state, dismiss the charge and proceed under

Subchapter F; or

(ii)

on the motion of the attorney

representing the defendant and notice to the attorney representing

the state:

(a)

set the matter to be heard not

later than the 10th day after the date of filing of the motion; and

(b)

dismiss the charge and proceed

under Subchapter F on a finding that an outpatient competency

restoration program is unavailable or that the defendant cannot be

placed in an outpatient competency restoration program before the

14th day after the date of the court's order; or

[
(B) commit the defendant to:

[
(i)

a jail-based competency restoration

program under Article 46B.073(e); or

[
(ii)

a mental health facility or

residential care facility under Article 46B.073(f); or
]

(2) if the defendant is charged with an offense

punishable as a Class A misdemeanor
that resulted in bodily injury

to another person
or any higher category of offense
or if the

defendant is charged with an offense punishable as a Class A

misdemeanor that did not result in bodily injury to another person

and the defendant has been convicted in the preceding two years of

an offense that resulted in bodily injury to another person
:

(A) release the defendant on bail under Article

46B.072; or

(B) commit the defendant to a facility or a

jail-based competency restoration program under Article
46B.073(b)

[
46B.073(c) or (d)
].

SECTION 6. The heading to Article 46B.0711, Code of

Criminal Procedure, is amended to read as follows:

Art. 46B.0711. RELEASE ON BAIL
: CERTAIN OFFENSES NOT

INVOLVING BODILY INJURY
[
FOR CLASS B MISDEMEANOR
].

SECTION 7. Article 46B.0711(b), Code of Criminal Procedure,

is amended to read as follows:

(b) Subject to conditions reasonably related to ensuring

public safety and the effectiveness of the defendant's treatment,

if the court determines that a defendant charged with an offense

punishable as a Class B misdemeanor
, or charged under the

circumstances described by Article 46B.071(a)(1) with an offense

punishable as a Class A misdemeanor,
and found incompetent to stand

trial is not a danger to others and may be safely treated on an

outpatient basis with the specific objective of attaining

competency to stand trial, and an appropriate outpatient competency

restoration program is available for the defendant, the court

shall:

(1) release the defendant on bail or continue the

defendant's release on bail; and

(2) order the defendant to participate in an

outpatient competency restoration program for a period not to

exceed 60 days.

SECTION 8. The heading to Article 46B.072, Code of Criminal

Procedure, is amended to read as follows:

Art. 46B.072. RELEASE ON BAIL
: FELONIES; CERTAIN OFFENSES

INVOLVING BODILY INJURY
[
FOR FELONY OR CLASS A MISDEMEANOR
].

SECTION 9. Article 46B.072(a-1), Code of Criminal

Procedure, is amended to read as follows:

(a-1) Subject to conditions reasonably related to ensuring

public safety and the effectiveness of the defendant's treatment,

[
if
] the court
may release on bail, or continue the release on bail

of,
[
determines that
] a defendant charged with an offense

punishable as a felony
, or charged under the circumstances

described by Article 46B.071(a)(2) with an offense punishable as

[
or
] a Class A misdemeanor and found incompetent to stand trial
if

the court determines the defendant
is not a danger to others and may

be safely treated on an outpatient basis with the specific

objective of attaining competency to stand trial, and an

appropriate outpatient competency restoration program is available

for the defendant[
, the court:

[
(1)

may release on bail a defendant found incompetent

to stand trial with respect to an offense punishable as a felony or

may continue the defendant's release on bail; and

[
(2)

shall release on bail a defendant found

incompetent to stand trial with respect to an offense punishable as

a Class A misdemeanor or shall continue the defendant's release on

bail
].

SECTION 10. Articles 46B.073(a) and (b), Code of Criminal

Procedure, are amended to read as follows:

(a) This article applies only to a defendant not released on

bail who is subject to an initial restoration period based on

Article
46B.071(a)(2)(B)
[
46B.071
].

(b) For purposes of further examination and competency

restoration services with the specific objective of the defendant

attaining competency to stand trial, the court shall commit a

defendant described by Subsection (a) to a mental health facility

or
[
,
] residential care facility
designated by the commission
[
,
] or

a
jail-based competency restoration program for the applicable

period as follows:

(1) a period of not more than 60 days, if the defendant

is charged with an offense punishable as a
Class A
misdemeanor; or

(2) a period of not more than 120 days, if the

defendant is charged with an offense punishable as a felony.

SECTION 11. Article 46B.077(a), Code of Criminal Procedure,

is amended to read as follows:

(a) The facility or jail-based competency restoration

program to which the defendant is committed or the outpatient

competency restoration program to which the defendant is released

on bail shall:

(1) develop an individual program of treatment;

(2) assess and evaluate whether the defendant is

likely to be restored to competency in the
period authorized under

this subchapter, including any possible extension under Article

46B.080
[
foreseeable future
]; and

(3) report to the court and to the local mental health

authority or to the local intellectual and developmental disability

authority on the defendant's progress toward achieving competency.

SECTION 12. Articles 46B.079(b) and (b-1), Code of Criminal

Procedure, are amended to read as follows:

(b) The head of the facility or jail-based competency

restoration program provider shall promptly notify the court when

the head of the facility or program provider believes that:

(1) the defendant is clinically ready and can be

safely transferred to a competency restoration program for

education services but has not yet attained competency to stand

trial;

(2) the defendant has attained competency to stand

trial; or

(3) the defendant is not likely to attain competency

in the
period authorized under this subchapter, including any

possible extension under Article 46B.080
[
foreseeable future
].

(b-1) The outpatient competency restoration program

provider shall promptly notify the court when the program provider

believes that:

(1) the defendant has attained competency to stand

trial; or

(2) the defendant is not likely to attain competency

in the
period authorized under this subchapter, including any

possible extension under Article 46B.080
[
foreseeable future
].

SECTION 13. Articles 46B.084(a-1) and (b), Code of Criminal

Procedure, are amended to read as follows:

(a-1)(1) Following the defendant's return to the court, the

court shall make a determination with regard to the defendant's

competency to stand trial. The court may make the determination

based only on the most recent report that is filed under Article

46B.079(c) and based on notice under that article, other than

notice under Subsection (b)(1) of that article, and on other

medical information or personal history information relating to the

defendant. A party may object in writing or in open court to the

findings of the most recent report not later than the 15th day after

the date on which the court received the applicable notice under

Article 46B.079.
If no party objects to the findings of the most

recent report within that period, the
[
The
] court shall make the

determination not later than the 20th day after the date on which

the court received the applicable notice under Article 46B.079, or

not later than the fifth day after the date of the defendant's

return to court, whichever occurs first [
, regardless of whether a

party objects to the report as described by this subsection and the

issue is set for hearing under Subsection (b)
].

(2) Notwithstanding Subdivision (1), in a county with

a population of less than 1.2 million or in a county with a

population of four million or more,
if no party objects to the

findings of the most recent report within the period specified by

that subdivision,
the court shall make the determination described

by that subdivision not later than the 20th day after the date on

which the court received notification under Article 46B.079 [
,

regardless of whether a party objects to the report as described by

that subdivision and the issue is set for a hearing under Subsection

(b)
].

(b) If a party objects
as provided by
[
under
] Subsection

(a-1)
and raises a suggestion that the defendant may no longer be

competent to stand trial, the court shall determine, by informal

inquiry not later than the fifth day after the date of the

objection, whether there exists any evidence from a credible source

that the defendant may no longer be competent. If, after an

informal inquiry, the court determines that evidence from a

credible source exists to support a finding of incompetency, the

court shall order a further examination under Subchapter B to

determine whether the defendant is incompetent to stand trial.

Following receipt of the expert's report under that subchapter
, the

issue shall be set for a hearing
not later than the 10th day after

the date the report is received by the court
. The hearing is before

the court, except that on motion by the defendant, the defense

counsel, the prosecuting attorney, or the court, the hearing shall

be held before a jury.

SECTION 14. Subchapter D, Chapter 46B, Code of Criminal

Procedure, is amended by adding Article 46B.0855 to read as

follows:

Art.

46B.0855.

RAISING ISSUE OF INCOMPETENCY WHEN CRIMINAL

PROCEEDINGS ARE NOT TIMELY RESUMED.

If the court has found the

defendant competent to stand trial under Article 46B.084, but the

criminal proceedings against the defendant were not resumed within

the period specified by Subsection (d) of that article, the court

shall, on motion of either party suggesting that the defendant may

no longer be competent to stand trial, follow the procedures

provided under Subchapters A and B, except any subsequent court

orders for treatment must be issued under Subchapter E or F.

If,

following the end of the period specified by Article 46B.084(d),

the court suspects that the defendant may no longer be competent to

stand trial, the court may make that suggestion under this article

on its own motion.

SECTION 15. Article 46B.086, Code of Criminal Procedure, is

amended by amending Subsections (a), (d), and (f) and adding

Subsection (h) to read as follows:

(a) This article applies only to a defendant:

(1) who is determined under this chapter to be

incompetent to stand trial;

(2) who either:

(A) remains confined in a correctional facility,

as defined by Section 1.07, Penal Code, for a period exceeding 72

hours while awaiting transfer to an inpatient mental health

facility, a residential care facility, or an outpatient competency

restoration program;

(B) is committed to an inpatient mental health

facility, a residential care facility, or a jail-based competency

restoration program for the purpose of competency restoration;

(C) is confined in a correctional facility while

awaiting further criminal proceedings following competency

restoration; or

(D) is subject to Article 46B.072, if the court

has made the determinations required by Subsection (a-1) of that

article;

(3) for whom a correctional facility or jail-based

competency restoration program that employs or contracts with a

primary care provider to provide mental health services
[
licensed

psychiatrist
], an inpatient mental health facility, a residential

care facility, or an outpatient competency restoration program

provider has prepared a continuity of care plan that requires the

defendant to take psychoactive medications; and

(4) who, after a hearing held under Section 574.106 or

592.156, Health and Safety Code, if applicable, has been found to

not meet the criteria prescribed by Sections 574.106(a) and (a-1)

or 592.156(a) and (b), Health and Safety Code, for court-ordered

administration of psychoactive medications.

(d) The court may issue an order under this article only if

the order is supported by the testimony of [
two physicians, one of

whom is
] the
primary care provider
[
physician
] at or with the

applicable facility or program who is prescribing the medication as

a component of the defendant's continuity of care plan [
and another

who is not otherwise involved in proceedings against the

defendant
]. The court may require
the primary care provider

[
either or both physicians
] to examine the defendant and report on

the examination to the court.

(f) A statement made by a defendant to a
primary care

provider
[
physician
] during an examination under Subsection (d) may

not be admitted against the defendant in any criminal proceeding,

other than at:

(1) a hearing on the defendant's incompetency; or

(2) any proceeding at which the defendant first

introduces into evidence the contents of the statement.

(h)

In this article, "primary care provider" has the meaning

assigned by Section 574.101, Health and Safety Code.

SECTION 16. Articles 46B.091(d), (g), (i), (j), and (j-1),

Code of Criminal Procedure, are amended to read as follows:

(d) A jail-based competency restoration program
provider

must:

(1) provide jail-based competency restoration

services
,
through the use of a multidisciplinary treatment team
,

that are [
:

[
(A)
] directed toward the specific objective of

restoring the defendant's competency to stand trial; [
and

[
(B)

similar to other competency restoration

programs;
]

(2) employ or contract for the services of at least one

psychiatrist
to oversee a defendant's medication management
;

(3) provide jail-based competency restoration

services through licensed or qualified mental health

professionals;

(4) provide weekly competency restoration hours

commensurate to the hours provided as part of a competency

restoration program at an inpatient mental health facility;

(5) operate
the program
in the jail in a designated

space that is separate from the space used for the general

population of the jail;

(6) ensure coordination
with the jail's behavioral

health provider regarding a defendant's treatment plan
[
of general

health care
];

(7) provide mental health treatment and substance use

disorder treatment to defendants, as necessary, for competency

restoration; and

(8)
ensure the provision of
[
supply
] clinically

appropriate psychoactive medications for purposes of administering

court-ordered medication to defendants as applicable and in

accordance with Article 46B.086 of this code or Section 574.106,

Health and Safety Code.

(g) A psychiatrist or psychologist for the provider who has

the qualifications described by Article 46B.022 shall evaluate the

defendant's competency and report to the court as required by

Article 46B.079.
The psychiatrist or psychologist performing the

evaluation is not required to be appointed by the court as a

disinterested expert under Article 46B.021.

(i) If at any time during a defendant's commitment to a

program implemented under this article the psychiatrist or

psychologist for the provider determines that the defendant's

competency to stand trial is unlikely to be restored in the
period

authorized under this subchapter, including any possible extension

under Article 46B.080
[
foreseeable future
]:

(1) the psychiatrist or psychologist for the provider

shall promptly issue and send to the court a report demonstrating

that fact; and

(2) the court shall:

(A) proceed under Subchapter E or F and order the

transfer of the defendant, without unnecessary delay, to the first

available facility that is appropriate for that defendant, as

provided under Subchapter E or F, as applicable; or

(B) release the defendant on bail as permitted

under Chapter 17.

(j)
Based on a review of the defendant's progress toward

achieving competency, if the jail-based competency restoration

program provider believes that a defendant
[
If the psychiatrist or

psychologist for the provider determines that a defendant committed

to a program implemented under this article
] has not been restored

to competency by the end of the 60th day after the date the

defendant began to receive services in the program, the
provider

[
jail-based competency restoration program
] shall continue to

provide competency restoration services to the defendant for the

period authorized
by Article 46B.073(b)
[
by this subchapter
],

including any extension ordered under Article 46B.080, unless
:

(1)
the
provider
[
jail-based competency restoration

program
] is notified that space at
an inpatient mental health

facility or residential care facility
[
a facility or outpatient

competency restoration program
] appropriate for the defendant is

available
or the provider believes that the defendant is clinically

ready and can be safely transferred to an outpatient competency

restoration program;
and

(2)
[
,
] as applicable
based on the period for which the

services are authorized
:

(A)
[
(1)
] for a defendant charged with a felony,

not less than 45 days are remaining in the initial restoration

period; or

(B)
[
(2)
] for a defendant charged with a felony

or a misdemeanor, an extension has been ordered under Article

46B.080 and not less than 45 days are remaining under the extension

order.

(j-1) After receipt of a notice under Subsection (j)
that

space at an inpatient mental health facility or residential care

facility is available
, the defendant shall be transferred without

unnecessary delay to the appropriate mental health facility
or
[
,
]

residential care facility [
, or outpatient competency restoration

program
] for the remainder of the period permitted by
Article

46B.073(b)
[
this subchapter
], including any extension that may be

ordered under Article 46B.080 if an extension has not previously

been ordered under that article.
If the provider believes that the

defendant is clinically ready and can be safely transferred to an

outpatient competency restoration program, the provider must

promptly notify the court to allow the court to evaluate whether to

order the transfer of the defendant to an outpatient competency

restoration program in accordance with Subsection (m).
If the

defendant is not transferred, and if the psychiatrist or

psychologist for the provider determines that the defendant has not

been restored to competency by the end of the period authorized by

this subchapter, the defendant shall be returned to the court for

further proceedings. For a defendant charged with a
felony or a

misdemeanor, the court may:

(1) proceed under Subchapter E or F;

(2) release the defendant on bail as permitted under

Chapter 17; or

(3) dismiss
any misdemeanor charge
[
the charges
] in

accordance with Article 46B.010.

SECTION 17. Article 46B.101, Code of Criminal Procedure, is

amended to read as follows:

Art. 46B.101. APPLICABILITY. This subchapter applies to a

defendant against whom a court is required to proceed according to

Article 46B.084(e)
or 46B.0855
or according to the court's

appropriate determination under Article
46B.055(2)
[
46B.071
].

SECTION 18. Article 46B.103(c), Code of Criminal Procedure,

is amended to read as follows:

(c) If the court enters an order committing the defendant to

a residential care facility, the defendant shall be:

(1) treated and released in accordance with Subtitle

D, Title 7, Health and Safety Code, except as otherwise provided by

this chapter; and

(2) released in conformity with Article
46B.1075

[
46B.107
].

SECTION 19. Article 46B.104, Code of Criminal Procedure, is

amended to read as follows:

Art. 46B.104. CIVIL COMMITMENT PLACEMENT: FINDING OF

VIOLENCE.
(a) This article applies to a
[
A
] defendant committed to

a
commission-designated
facility as a result of proceedings

initiated under this chapter [
shall be committed to the facility

designated by the commission
] if:

(1) the defendant is charged with an offense listed in

Article 17.032(a); or

(2) the indictment charging the offense alleges an

affirmative finding under Article 42A.054(c) or (d).

(b)

The court shall send a copy of the order of commitment to

the applicable facility.

(c)

For a defendant whose initial commitment is under this

subchapter as provided by Article 46B.055(2), the court shall:

(1)

provide to the facility copies of the following

items made available to the court during the incompetency trial:

(A) reports of each expert;

(B)

psychiatric, psychological, or social work

reports that relate to the current mental condition of the

defendant;

(C)

documents provided by the attorney

representing the state or the defendant's attorney that relate to

the defendant's current or past mental condition;

(D)

copies of the indictment or information and

any supporting documents used to establish probable cause in the

case;

(E)

the defendant's criminal history record

information; and

(F)

the addresses of the attorney representing

the state and the defendant's attorney; and

(2)

direct the court reporter to promptly prepare and

provide to the facility transcripts of all medical testimony

received by the jury or court.

SECTION 20. Article 46B.1055, Code of Criminal Procedure,

is amended by amending Subsections (b), (c), (d), (g), and (i) and

adding Subsections (b-1) and (c-1) to read as follows:

(b) The defendant, the head of the
mental health
facility to

which the defendant is committed, or the attorney representing the

state may request that the court modify an order for inpatient

mental health
treatment [
or residential care
] to order the

defendant to participate in an outpatient treatment program.

(b-1)

The defendant, the head of the residential care

facility to which the defendant is committed, or the attorney

representing the state may request that the court modify an order

for commitment to a residential care facility.

(c) If the head of the
mental health
facility to which the

defendant is committed makes a request under Subsection (b), not

later than the 14th day after the date of the request the court

shall hold a hearing to determine whether the court should modify

the order for inpatient
mental health
treatment [
or residential

care
] in accordance with Subtitle C, Title 7, Health and Safety

Code.

(c-1)

If the head of the residential care facility to which

the defendant is committed makes a request under Subsection (b-1),

not later than the 14th day after the date of the request the court

shall hold a hearing to determine whether the court should modify

the order for commitment to a residential care facility in

accordance with Article 46B.1075.

(d) If the defendant or the attorney representing the state

makes a request under Subsection (b)
or (b-1)
, not later than the

14th day after the date of the request the court shall grant the

request, deny the request, or hold a hearing on the request to

determine whether the court should modify the order for inpatient

mental health
treatment or
for
residential care. A court is not

required to hold a hearing under this subsection unless the request

and any supporting materials provided to the court provide a basis

for believing modification of the order may be appropriate.

(g) If a request under Subsection (b) is made by a defendant

before the 91st day after the date the court makes a determination

on a previous request under that subsection, the court is not

required to act on the request until the earlier of:

(1) the expiration of the current order for inpatient

mental health
treatment [
or residential care
]; or

(2) the 91st day after the date of the court's previous

determination.

(i) The court shall rule on a request made under Subsection

(b)
or (b-1)
as soon as practicable after a hearing on the request,

but not later than the 14th day after the date of the request.

SECTION 21. The heading to Article 46B.107, Code of

Criminal Procedure, is amended to read as follows:

Art. 46B.107. RELEASE OF DEFENDANT AFTER CIVIL COMMITMENT
:

MENTAL ILLNESS
.

SECTION 22. Article 46B.107, Code of Criminal Procedure, is

amended by amending Subsections (a) and (d) and adding Subsection

(a-1) to read as follows:

(a)
This article applies only to a defendant who has been

committed under Article 46B.102.

(a-1)
The release of a defendant committed under this

chapter from the commission, an outpatient treatment program, or

another facility is subject to disapproval by the committing court

if the court or the attorney representing the state has notified the

head of the facility or outpatient treatment provider, as

applicable, to which the defendant has been committed that a

criminal charge remains pending against the defendant.

(d) The court shall, on receiving notice from the head of a

facility or outpatient treatment provider of intent to release the

defendant under Subsection (b), hold a hearing to determine whether

release is appropriate under the applicable criteria in Subtitle C

[
or D
], Title 7, Health and Safety Code. The court may, on motion

of the attorney representing the state or on its own motion, hold a

hearing to determine whether release is appropriate under the

applicable criteria in Subtitle C [
or D
], Title 7, Health and Safety

Code, regardless of whether the court receives notice that the head

of a facility or outpatient treatment provider provides notice of

intent to release the defendant under Subsection (b). The court

may conduct the hearing:

(1) at the facility; or

(2) by means of an electronic broadcast system as

provided by Article 46B.013.

SECTION 23. Subchapter E, Chapter 46B, Code of Criminal

Procedure, is amended by adding Article 46B.1075 to read as

follows:

Art.

46B.1075.

RELEASE OF DEFENDANT AFTER CIVIL COMMITMENT:

INTELLECTUAL DISABILITY. (a) This article applies only to a

defendant who has been committed under Article 46B.103.

(b)

The release of a defendant committed to a residential

care facility under this chapter is subject to disapproval by the

committing court if the court or the attorney representing the

state has notified the head of the residential care facility that a

criminal charge remains pending against the defendant.

(c)

If the head of the residential care facility determines

that the defendant should be released from the facility, the head of

the facility shall notify the committing court and the sheriff of

the county from which the defendant was committed in writing of the

release not later than the 14th day before the date on which the

residential care facility intends to release the defendant.

(d)

The head of the residential care facility shall provide

with the notice:

(1)

a written statement that states an opinion

regarding whether the defendant has attained competency to stand

trial; and

(2)

the interdisciplinary team recommendation

prepared for the defendant under Section 593.013, Health and Safety

Code.

(e)

The defendant, the head of the residential care

facility, or the attorney representing the state may request that

the court approve the release of the defendant or approve the

release and require the defendant's participation in a

community-based living plan.

(f)

Not later than the 14th day after the date of a request

under Subsection (e), the court shall hold a hearing to determine

whether the court should deny the request to release the defendant

from the residential care facility, grant the request, or grant the

request and require the defendant's participation in a

community-based living plan.

Notice of the hearing must be

provided in accordance with Section 593.048, Health and Safety

Code.

(g) The court may conduct the hearing:

(1) at the residential care facility; or

(2)

by means of an electronic broadcast system as

provided by Article 46B.013.

(h)

On receipt of a request to release the defendant under

Subsection (e), the court shall require the residential care

facility to submit:

(1) a report indicating whether:

(A)

the defendant's continued placement at the

residential care facility is appropriate for the defendant's

individual needs;

(B)

the defendant can adequately and

appropriately reside in another setting; and

(C)

appropriate community-based services are

available to the defendant; and

(2)

a community living discharge plan for the

defendant.

(i)

If, after a hearing, the preponderance of evidence shows

that the defendant's continued placement at the facility is no

longer appropriate for the defendant's individual needs, the

defendant can adequately and appropriately reside in another

setting, and appropriate community-based services are available to

the defendant, the court shall enter an order that grants the

release of the defendant from the facility.

The court may also

require the defendant to participate in a community-based living

plan based on the community living discharge plan submitted under

Subsection (h)(2). If the court requires the defendant to

participate in a community-based living plan, the court shall

designate the local intellectual and developmental disability

authority responsible for supervising the community-based living

plan.

(j)

The community-based living plan may be amended, without

court approval, by the residential care facility or the local

intellectual and developmental disability authority to address the

defendant's ongoing needs.

(k)

The court shall rule on a request made under Subsection

(e) as soon as practicable after a hearing on the request but not

later than the 14th day after the date of the request. If a hearing

is not held during that period, the request to release the defendant

is automatically granted.

(l)

An order authorizing the release of the defendant and

requiring the defendant to participate in a community-based living

plan must specify a period of participation that may not exceed 12

months, and the court may not order the defendant to participate in

any subsequent community-based living plan in connection with the

same offense.

(m)

If a request under Subsection (e) is made by a defendant

before the 91st day after the date the court makes a determination

on a previous request under that subsection, the court is not

required to act on the request until the 91st day after the date of

the court's previous determination.

(n)

A proceeding for granting the release of the defendant

and requiring the defendant's participation in a community-based

living plan is governed by Subtitle D, Title 7, Health and Safety

Code, to the extent that subtitle applies and does not conflict with

this chapter, except that the criminal court shall conduct the

proceeding regardless of whether the criminal court is also the

county court.

(o)

A defendant is entitled to an appeal from an order

denying the defendant's release or requiring the defendant's

participation in a community-based living plan.

(p)

The local intellectual and developmental disability

authority responsible for supervising a defendant's

community-based living plan shall inform the court if the authority

determines the defendant's return to the residential care facility

is necessary at any time during the period provided by Subsection

(l).

SECTION 24. Article 46B.109(b), Code of Criminal Procedure,

is amended to read as follows:

(b) The head of the facility or outpatient treatment

provider shall provide with the request a written statement that in

their opinion the defendant is competent to stand trial
and shall

file with the court as provided by Article 46B.025 a report stating

the reason why the facility or provider believes the defendant has

been restored to competency.

The head of the facility or outpatient

treatment provider must include with the report a list of the types

and dosages of medications prescribed for the defendant while the

defendant was receiving services in the facility or through the

outpatient treatment program. The court shall provide copies of

the written statement and report to the attorney representing the

state and the defendant's attorney.

Either party may object to the

findings in the written statement or report as provided by Article

46B.1115
.

SECTION 25. Subchapter E, Chapter 46B, Code of Criminal

Procedure, is amended by adding Article 46B.1115 to read as

follows:

Art.

46B.1115.

PROCEEDINGS TO DETERMINE RESTORATION OF

COMPETENCY. The periods for objecting to the written statement and

report filed under Article 46B.109(b) and for conducting a hearing

on the defendant's competency under this subchapter are the same as

those specified under Article 46B.084.

SECTION 26. Article 46B.114, Code of Criminal Procedure, is

amended to read as follows:

Art. 46B.114. TRANSPORTATION OF DEFENDANT TO COURT.
(a)
If

the hearing is not conducted at the facility to which the defendant

has been committed under this chapter or conducted by means of an

electronic broadcast system as described by this subchapter, an

order setting a hearing to determine whether the defendant has been

restored to competency shall direct that [
, as soon as practicable

but not earlier than 72 hours before the date the hearing is

scheduled,
] the defendant be placed in the custody of the sheriff of

the county in which the committing court is located or the sheriff's

designee for
prompt
transportation to the court. [
The sheriff or

the sheriff's designee may not take custody of the defendant under

this article until 72 hours before the date the hearing is

scheduled.
]

(b)

If before the 15th day after the date on which the court

received notification under Article 46B.109 that a defendant

committed to a facility or ordered to participate in an outpatient

treatment program has not been transported to the court that issued

the order under this subchapter, the head of the facility or

outpatient treatment provider shall cause the defendant to be

promptly transported to the court and placed in the custody of the

sheriff of the county in which the court is located. The county in

which the court is located shall reimburse the commission or

outpatient treatment provider, as appropriate, for the mileage and

per diem expenses of the personnel required to transport the

defendant, calculated in accordance with rates provided in the

General Appropriations Act for state employees.

SECTION 27. Article 46B.151(a), Code of Criminal Procedure,

is amended to read as follows:

(a) If a court is required by Article 46B.084(f)
or 46B.0855

or by its appropriate determination under Article
46B.055(2)

[
46B.071
] to proceed under this subchapter, or if the court is

permitted by Article 46B.004(e) to proceed under this subchapter,

the court shall determine whether there is evidence to support a

finding that the defendant is either a person with mental illness or

a person with an intellectual disability.

SECTION 28. Chapter 121, Government Code, is amended by

adding Section 121.005 to read as follows:

Sec.

121.005.

JURISDICTION AND AUTHORITY OF JUDGE OR

MAGISTRATE IN NON-REGIONAL SPECIALTY COURT PROGRAM. (a) This

section applies to a specialty court established under this

subtitle by a single county or municipality.

(b)

For a case properly transferred to the program, the

judge or magistrate of a specialty court program to which this

section applies may:

(1) enter orders, judgments, and decrees for the case;

(2)

sign orders of detention, order community service,

or impose other reasonable and necessary sanctions;

(3)

send recommendations for dismissal and expunction

to the originating trial court for a defendant who successfully

completes the program; and

(4)

return the case and documentation required by this

subtitle to the originating trial court for final disposition on a

defendant's successful completion of or removal from the program.

(c)

A visiting judge assigned to preside over a specialty

court program to which this section applies has the same authority

as the judge or magistrate appointed to preside over the program.

SECTION 29. Section 125.001, Government Code, is amended to

read as follows:

Sec. 125.001. MENTAL HEALTH COURT PROGRAM DEFINED;

PROCEDURES FOR CERTAIN DEFENDANTS. (a) In this chapter, "mental

health court program" means
:

(1)
a program
under the supervision and direction of a

court with criminal jurisdiction; or

(2)

an assisted outpatient treatment court program for

persons subject to court-ordered outpatient mental health services

under Chapter 574, Health and Safety Code.

(b)

A mental health court program as defined by Subsection

(a)
[
that
] has the following essential characteristics:

(1) the integration of mental illness treatment

services and intellectual disability services in the processing of

cases in the judicial system;

(2) the use of a nonadversarial approach involving

prosecutors and defense attorneys
, or involving attorneys

representing proposed patients and attorneys requesting

court-ordered outpatient mental health services under Chapter 574,

Health and Safety Code,
to promote public safety and to protect the

due process rights of program participants;

(3) early identification and prompt placement of

eligible participants in
a
[
the
] program;

(4) access to mental illness treatment services and

intellectual disability services;

(5) ongoing judicial interaction with program

participants;

(6)
diversion or potential
diversion of
a defendant in

any pending criminal case
[
defendants
] who
has
[
potentially have
] a

mental illness or an intellectual disability to needed services as

an alternative to subjecting
the defendant
[
those defendants
] to

the criminal justice system;

(7) monitoring and evaluation of program goals and

effectiveness;

(8) continuing interdisciplinary education to promote

effective program planning, implementation, and operations; and

(9) development of partnerships with public agencies

and community organizations, including local intellectual and

developmental disability authorities.

(c)
[
(b)
] If a defendant
with a pending criminal case

successfully completes a mental health court program, after notice

to the attorney representing the state and a hearing in the mental

health court at which that court determines that a dismissal is in

the best interest of justice, the mental health court shall provide

to the court in which the criminal case is pending information about

the dismissal and shall include all of the information required

about the defendant for a petition for expunction under Article

55A.253, Code of Criminal Procedure. The court in which the

criminal case is pending shall dismiss the case against the

defendant and:

(1) if that trial court is a district court, the court

may, with the consent of the attorney representing the state, enter

an order of expunction on behalf of the defendant under Article

55A.203(b), Code of Criminal Procedure; or

(2) if that trial court is not a district court, the

court may, with the consent of the attorney representing the state,

forward the appropriate dismissal and expunction information to

enable a district court with jurisdiction to enter an order of

expunction on behalf of the defendant under Article 55A.203(b),

Code of Criminal Procedure.

SECTION 30. Section 125.002, Government Code, is amended to

read as follows:

Sec. 125.002. AUTHORITY TO ESTABLISH PROGRAM.
(a)
The

commissioners court of a county may establish a mental health court

program for persons who:

(1) have been arrested for or charged with a

misdemeanor or felony; and

(2) are suspected by a law enforcement agency or a

court of having a mental illness or an intellectual disability.

(b)

The commissioners court of a county may establish

a

mental health court program for persons who:

(1) have a mental illness;

(2)

have demonstrated an inability to effectively

participate in outpatient mental health services voluntarily; and

(3)

meet the criteria for court-ordered outpatient

mental health services under Chapter 574, Health and Safety Code.

SECTION 31. Section 125.003(a), Government Code, is amended

to read as follows:

(a) A mental health court program established under Section

125.002:

(1) may handle all issues arising under Articles 16.22

and 17.032, Code of Criminal Procedure, and Chapter 46B, Code of

Criminal Procedure; and

(2) must:

(A) ensure a person eligible for the program is

provided legal counsel before volunteering to proceed through the

mental health court program and while participating in the program;

(B) allow a
defendant in a pending criminal case

[
person
], if eligible for the program, to choose whether to proceed

through the mental health court program or proceed through the

regular criminal justice system;

(C)
if applicable,
allow a participant to

withdraw from the mental health court program at any time before a

trial on the merits has been initiated;

(D) provide a participant with a court-ordered

individualized treatment plan indicating the services that will be

provided to the participant; and

(E) ensure that the jurisdiction of the mental

health court extends at least six months but does not extend beyond

the probationary period for the offense charged if the probationary

period is longer than six months.

SECTION 32. Section 125.005(a), Government Code, is amended

to read as follows:

(a) The commissioners court of a county with a population of

more than 200,000 shall:

(1)
under the supervision and direction of a court

with criminal jurisdiction,
establish a mental health court program

under Section 125.002; and

(2) direct the judge, magistrate, or coordinator to

comply with Section 121.002(c)(1).

SECTION 33. Section 574.101, Health and Safety Code, is

amended by adding Subdivision (2-a) to read as follows:

(2-a) "Primary care provider" means a health care

professional, including a physician, advanced practice registered

nurse, or physician assistant licensed in this state.

SECTION 34. The heading to Section 574.104, Health and

Safety Code, is amended to read as follows:

Sec. 574.104.
PRIMARY CARE PROVIDER'S
[
PHYSICIAN'S
]

APPLICATION FOR ORDER TO AUTHORIZE PSYCHOACTIVE MEDICATION; DATE

OF HEARING.

SECTION 35. Sections 574.104(a) and (b), Health and Safety

Code, are amended to read as follows:

(a) A
primary care provider
[
physician
] who is treating a

patient may, on behalf of the state, file an application in a

probate court or a court with probate jurisdiction for an order to

authorize the administration of a psychoactive medication

regardless of the patient's refusal if:

(1) the
primary care provider
[
physician
] believes

that the patient lacks the capacity to make a decision regarding the

administration of the psychoactive medication;

(2) the
primary care provider
[
physician
] determines

that the medication is the proper course of treatment for the

patient;

(3) the patient is under an order for inpatient mental

health services under this chapter or other law or an application

for court-ordered mental health services under Section 574.034,

574.0345, 574.035, or 574.0355 has been filed for the patient; and

(4) the patient, verbally or by other indication,

refuses to take the medication voluntarily.

(b) An application filed under this section must state:

(1) that the
primary care provider
[
physician
]

believes that the patient lacks the capacity to make a decision

regarding administration of the psychoactive medication and the

reasons for that belief;

(2) each medication the
primary care provider

[
physician
] wants the court to compel the patient to take;

(3) whether an application for court-ordered mental

health services under Section 574.034, 574.0345, 574.035, or

574.0355 has been filed;

(4) whether a court order for inpatient mental health

services for the patient has been issued and, if so, under what

authority it was issued;

(5) the
primary care provider's
[
physician's
]

diagnosis of the patient; and

(6) the proposed method for administering the

medication and, if the method is not customary, an explanation

justifying the departure from the customary methods.

SECTION 36. Sections 574.106(a) and (a-1), Health and

Safety Code, are amended to read as follows:

(a) The court may issue an order authorizing the

administration of one or more classes of psychoactive medication to

a patient who:

(1) is under a court order to receive inpatient mental

health services; or

(2) is in custody awaiting trial in a criminal

proceeding and was ordered to receive inpatient mental health

services [
in the six months preceding a hearing under this

section
].

(a-1) The court may issue an order under this section only

if the court finds by clear and convincing evidence after the

hearing:

(1) that the patient lacks the capacity to make a

decision regarding the administration of the proposed medication

and treatment with the proposed medication is in the best interest

of the patient; or

(2) if the patient was ordered to receive inpatient

mental health services by a criminal court with jurisdiction over

the patient, that treatment with the proposed medication is in the

best interest of the patient and either:

(A) the patient presents a danger to the patient

or others in the inpatient mental health facility in which the

patient is being treated as a result of a mental
illness
[
disorder

or mental defect
] as determined under Section 574.1065; or

(B) the patient:

(i) has remained confined in a correctional

facility, as defined by Section 1.07, Penal Code, for a period

exceeding 72 hours while awaiting transfer for competency

restoration treatment; and

(ii) presents a danger to the patient or

others in the correctional facility as a result of a mental
illness

[
disorder or mental defect
] as determined under Section 574.1065.

SECTION 37. Section 574.1065, Health and Safety Code, is

amended to read as follows:

Sec. 574.1065. FINDING THAT PATIENT PRESENTS A DANGER. In

making a finding under Section 574.106(a-1)(2) that, as a result of

a mental
illness
[
disorder or mental defect
], the patient presents

a danger to the patient or others in the inpatient mental health

facility in which the patient is being treated or in the

correctional facility, as applicable, the court shall consider:

(1) an assessment of the patient's present mental

condition;

(2) whether the patient has inflicted, attempted to

inflict, or made a serious threat of inflicting substantial

physical harm to the patient's self or to another while in the

facility; and

(3) whether the patient, in the six months preceding

the date the patient was placed in the facility, has inflicted,

attempted to inflict, or made a serious threat of inflicting

substantial physical harm to another that resulted in the patient

being placed in the facility.

SECTION 38. Section 574.107, Health and Safety Code, is

amended to read as follows:

Sec. 574.107. COSTS. (a) The costs for a hearing under

this subchapter
for a patient committed under this chapter
shall be

paid in accordance with Sections 571.017 and 571.018.

(b) The county in which the applicable criminal charges are

pending or were adjudicated shall pay as provided by Subsection (a)

the costs of a hearing that is held under Section 574.106 to

evaluate the court-ordered administration of psychoactive

medication to
a person under the jurisdiction of a criminal court
[
:

[
(1)

a patient ordered to receive mental health

services as described by Section 574.106(a)(1) after having been

determined to be incompetent to stand trial or having been

acquitted of an offense by reason of insanity; or

[
(2) a patient who:

[
(A)

is awaiting trial after having been

determined to be competent to stand trial; and

[
(B)

was ordered to receive mental health

services as described by Section 574.106(a)(2)
].

SECTION 39. Section 574.110, Health and Safety Code, is

amended to read as follows:

Sec. 574.110. EXPIRATION OF ORDER. (a)
An
[
Except as

provided by Subsection (b), an
] order issued under Section 574.106

for a patient who is committed under this chapter
expires on the

expiration or termination date of the order for temporary or

extended mental health services in effect when the order for

psychoactive medication is issued.

(b)
This subsection applies only to a patient who is subject

to court-ordered inpatient mental health services or to a

jail-based competency restoration program under Chapter 46B, Code

of Criminal Procedure.
An order issued under Section 574.106 for a

patient
described by this subsection
who
, following the filing of a

report under Article 46B.079(b)(2) or 46B.109, Code of Criminal

Procedure, indicating the patient has attained competency to stand

trial,
is returned to
court or
a correctional facility, as defined

by Section 1.07, Penal Code, to await trial in a criminal

proceeding
,
continues to be in effect until the earlier of the

following dates, as applicable:

(1) the 180th day after the date the defendant was

returned to the
court or
correctional facility;

(2) the date the defendant is acquitted, is convicted,

or enters a plea of guilty; or

(3) the date on which charges in the case are

dismissed.

(c)

An order issued under Section 574.106 for a patient

described by Subsection (b) who is recommitted for competency

restoration is extended until the 30th day after the date of the

expiration of the previous order of the criminal court.

A

subsequently issued order for psychoactive medication for a patient

described by Subsection (b) is extended until the 30th day after the

date of the expiration of the commitment order by the criminal

court, including any extension that may be ordered under Article

46B.080, Code of Criminal Procedure.

A new order for psychoactive

medication may be sought from a court with probate jurisdiction

during any extension under this subsection.

(d)

An order issued under Section 574.106 for a patient

subject to court-ordered inpatient mental health services under

Article 46C.256, Code of Criminal Procedure, is extended until the

30th day after the date of the expiration of the previous order of

the criminal court, including any renewal of the order under

Article 46C.261, Code of Criminal Procedure.

A new order for

psychoactive medication may be sought from a court with probate

jurisdiction during any extension under this subsection.

SECTION 40. The following provisions are repealed:

(1) Article 46B.071(b), Code of Criminal Procedure;

(2) Articles 46B.073(c), (d), (e), and (f), Code of

Criminal Procedure; and

(3) Sections 574.035(d) and 574.0355(b), Health and

Safety Code.

SECTION 41. Not later than January 1, 2026, each local law

enforcement agency in this state shall submit the initial report

required by Article 16.23(d), Code of Criminal Procedure, as added

by this Act.

SECTION 42. This Act takes effect September 1, 2025.