Bill Text: TX HB1999 | 2021-2022 | 87th Legislature | Introduced

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Bill Title: Relating to a specialty mental health court program for juveniles.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-03-29 - Withdrawn from schedule [HB1999 Detail]

Download: Texas-2021-HB1999-Introduced.html

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87R5371 YDB-D
By: Canales H.B. No. 1999

A BILL TO BE ENTITLED
AN ACT
relating to a specialty mental health court program for juveniles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 125.001, Government Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) 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 intellectual or developmental disability [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
intellectual or developmental disability [mental retardation]
services;
(5) ongoing judicial interaction with program
participants;
(6) diversion of potentially mentally ill or
intellectually or developmentally disabled [mentally retarded]
defendants or children to needed services as an alternative to
subjecting those defendants or children to the criminal or juvenile
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 health
[retardation] authorities providing intellectual or developmental
disability services.
(c) If a child successfully completes a mental health court
program for juveniles, 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 court shall provide to the juvenile court in which the
juvenile case is pending information about the dismissal and shall
include all records relating to the child. The juvenile court in
which the juvenile case is pending shall dismiss the case against
the child and, on the court's own motion and without a hearing, may,
with the consent of the attorney representing the state, order the
sealing of records relating to the child.
SECTION 2. Section 125.002, Government Code, is amended to
read as follows:
Sec. 125.002. AUTHORITY TO ESTABLISH PROGRAM. The
commissioners court of a county may establish a mental health court
program for persons who:
(1) have been:
(A) arrested for or charged with a misdemeanor or
felony; or
(B) referred to a juvenile court or alleged by a
petition to have engaged in delinquent conduct or conduct
indicating a need for supervision; and
(2) are suspected by a law enforcement agency or a
court of having a mental illness or an intellectual or
developmental disability [mental retardation].
SECTION 3. Section 125.003, Government Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) A mental health court program established under Section
125.002:
(1) may handle all issues arising under:
(A) Articles 16.22 and 17.032, Code of Criminal
Procedure, and Chapter 46B, Code of Criminal Procedure; and
(B) Section 51.20(a), Family Code, and
Subchapters B and C, Chapter 55, Family Code; and
(2) except as provided by Subsection (c), 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 or
juvenile justice system, as applicable;
(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 or conduct charged if the
probationary period is longer than six months.
(c) If a child is eligible for or is a participant in a
mental health court program, a decision to participate in or
withdraw from the program under Subsection (a) requires the consent
of the child's parent, guardian, or conservator.
SECTION 4. Section 125.004, Government Code, is amended to
read as follows:
Sec. 125.004. PARTICIPANT PAYMENT FOR TREATMENT AND
SERVICES. A mental health court program may require an adult [a]
participant or a parent, guardian, or conservator of a child
participant to pay the cost of all treatment and services the
participant received while participating in the program, based on
the [participant's] ability to pay.
SECTION 5. 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) establish a mental health court program, including
a separate program for juveniles, under Section 125.002; and
(2) direct the judge, magistrate, or coordinator to
comply with Section 121.002(c)(1).
SECTION 6. This Act takes effect September 1, 2021.