CHAPTER 616. MENTAL HEALTH COURT PROGRAMS
HEALTH AND SAFETY CODE
TITLE 7. MENTAL HEALTH AND MENTAL RETARDATION
SUBTITLE E. SPECIAL PROVISIONS RELATING TO MENTAL ILLNESS AND
MENTAL RETARDATION
CHAPTER 616. MENTAL HEALTH COURT PROGRAMS
Sec. 616.001. MENTAL HEALTH COURT PROGRAM DEFINED. In this
chapter, "mental health court program" means a program that has
the following essential characteristics:
(1) the integration of mental illness treatment services and
mental retardation services in the processing of cases in the
judicial system;
(2) the use of a nonadversarial approach involving prosecutors
and defense attorneys to promote public safety and to protect the
due process rights of program participants;
(3) early identification and prompt placement of eligible
participants in the program;
(4) access to mental illness treatment services and mental
retardation services;
(5) ongoing judicial interaction with program participants;
(6) diversion of potentially mentally ill or mentally retarded
defendants to needed services as an alternative to subjecting
those defendants to the criminal justice system;
(7) monitoring and evaluation of program goals and
effectiveness;
(8) continuing interdisciplinary education to promote effective
program planning, implementation, and operations; and
(9) development of partnerships with public agencies and
community organizations, including local mental retardation
authorities.
Added by Acts 2003, 78th Leg., ch. 1120, Sec. 1, eff. Sept. 1,
2003.
Sec. 616.002. AUTHORITY TO ESTABLISH PROGRAM. The commissioners
court of a county may establish a mental health court program for
persons who:
(1) have been arrested for or charged with a misdemeanor or
felony; and
(2) are suspected by a law enforcement agency or a court of
having a mental illness or mental retardation.
Added by Acts 2003, 78th Leg., ch. 1120, Sec. 1, eff. Sept. 1,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1130, Sec. 1, eff. June 18, 2005.
Sec. 616.003. PROGRAM. (a) A mental health court program
established under Section 616.002:
(1) may handle all issues arising under Articles 16.22 and
17.032, Code of Criminal Procedure, and Chapter 46B, Code of
Criminal Procedure; and
(2) must:
(A) ensure a person eligible for the program is provided legal
counsel before volunteering to proceed through the mental health
court program and while participating in the program;
(B) allow a person, if eligible for the program, to choose
whether to proceed through the mental health court program or
proceed through the regular criminal justice system;
(C) allow a participant to withdraw from the mental health court
program at any time before a trial on the merits has been
initiated;
(D) provide a participant with a court-ordered individualized
treatment plan indicating the services that will be provided to
the participant; and
(E) ensure that the jurisdiction of the mental health court
extends at least six months but does not extend beyond the
probationary period for the offense charged if the probationary
period is longer than six months.
(b) The issues shall be handled by a magistrate, as designated
by Article 2.09, Code of Criminal Procedure, who is part of a
mental health court program established under Section 616.002.
Added by Acts 2003, 78th Leg., ch. 1120, Sec. 1, eff. Sept. 1,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1130, Sec. 2, eff. June 18, 2005.
Sec. 616.004. OVERSIGHT. (a) The lieutenant governor and the
speaker of the house of representatives may assign to appropriate
legislative committees duties relating to the oversight of mental
health court programs established under Section 616.002.
(b) A legislative committee or the governor may request the
state auditor to perform a management, operations, or financial
or accounting audit of a mental health court program established
under Section 616.002.
Added by Acts 2003, 78th Leg., ch. 1120, Sec. 1, eff. Sept. 1,
2003.
Sec. 616.005. PARTICIPANT PAYMENT FOR TREATMENT AND SERVICES. A
mental health court program may require a participant to pay the
cost of all treatment and services received while participating
in the program, based on the participant's ability to pay.
Added by Acts 2003, 78th Leg., ch. 1120, Sec. 1, eff. Sept. 1,
2003.