CHAPTER 614. TEXAS CORRECTIONAL OFFICE ON OFFENDERS WITH MEDICAL OR MENTAL IMPAIRMENTS
HEALTH AND SAFETY CODE
TITLE 7. MENTAL HEALTH AND MENTAL RETARDATION
SUBTITLE E. SPECIAL PROVISIONS RELATING TO MENTAL ILLNESS AND
MENTAL RETARDATION
CHAPTER 614. TEXAS CORRECTIONAL OFFICE ON OFFENDERS WITH MEDICAL
OR MENTAL IMPAIRMENTS
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.