86R14152 EAS-F
	By: Reynolds	H.B. No. 3617

	A BILL TO BE ENTITLED
	AN ACT
	relating to the creation of a mental health jail diversion and
	crisis stabilization unit pilot program.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subtitle C, Title 7, Health and Safety Code, is
	amended by adding Chapter 581 to read as follows:
	CHAPTER 581.  MENTAL HEALTH JAIL DIVERSION AND CRISIS STABILIZATION
	UNIT PILOT PROGRAM; FORT BEND COUNTY
	Sec. 581.001.  DEFINITIONS. In this chapter:
	(1)  "Commissioner" means the commissioner of state
	health services.
	(2)  "County judge" means the county judge of Fort Bend
	County.
	(3)  "Department" means the Department of State Health
	Services.
	Sec. 581.002.  MENTAL HEALTH JAIL DIVERSION AND CRISIS
	STABILIZATION UNIT PILOT PROGRAM. The department, in cooperation
	with the county judge, shall establish a pilot program in Fort Bend
	County to be implemented by the county judge to:
	(1)  provide short-term residential treatment in a
	crisis stabilization unit that includes medical, behavioral
	health, case management, and nursing services for persons with
	mental illness who are at risk of incarceration or are incarcerated
	in the Fort Bend County jail; and
	(2)  reduce recidivism and the frequency of arrests and
	incarceration among persons with mental illness in that county.
	Sec. 581.003.  CRIMINAL JUSTICE MENTAL HEALTH SERVICE MODEL.
	The county judge shall design and test through the pilot program a
	criminal justice mental health service model oriented toward
	providing short-term residential treatment in a crisis
	stabilization unit that includes medical, behavioral health, case
	management, and nursing services and aims to reduce the recidivism
	and frequency of arrests for persons with mental illness in the Fort
	Bend County jail. The model initially must apply the critical time
	intervention principle described by Section 581.004 and must
	include the following elements:
	(1)  medical and nursing services;
	(2)  low caseload management;
	(3)  multilevel residential services; and
	(4)  easy access to:
	(A)  integrated health, mental health, and
	chemical dependency services;
	(B)  benefits acquisition services;
	(C)  multiple rehabilitation services; and
	(D)  coordinated legal and provider systems.
	Sec. 581.004.  CRITICAL TIME INTERVENTION. The pilot
	program, in applying the critical time intervention principle, must
	give persons with mental illness access to needed social, clinical,
	housing, and benefit services in a timely manner.
	Sec. 581.005.  LOCAL SERVICES COORDINATION. In designing
	the criminal justice mental health service model, the county judge
	shall seek input from and coordinate the provision of services with
	the following local entities:
	(1)  the Fort Bend County Sheriff's Office;
	(2)  county or municipal law enforcement agencies;
	(3)  the mental health division of the office of the
	district attorney of Fort Bend County;
	(4)  the Fort Bend County public defender;
	(5)  Fort Bend County Behavioral Health Services;
	(6)  specially trained law enforcement crisis
	intervention teams and crisis intervention response teams;
	(7)  providers of guardianship services;
	(8)  providers of case management;
	(9)  providers of assertive community treatment;
	(10)  providers of crisis stabilization services;
	(11)  providers of intensive and general supportive
	housing;
	(12)  providers of telehealth services;
	(13)  providers of information technology;
	(14)  providers that address social determinants of
	health; and
	(15)  providers of integrated mental health and
	substance abuse inpatient, outpatient, and rehabilitation
	services, including the local mental health authority.
	Sec. 581.006.  PROGRAM CAPACITY. (a)  In implementing the
	pilot program, the county judge shall ensure the program has the
	resources to provide mental health jail diversion services to not
	fewer than 50 individuals.
	(b)  The county judge shall endeavor to serve each year the
	program operates not fewer than 50 or more than 100 individuals
	cumulatively.
	(c)  Before the county judge implements the pilot program,
	the department and the county judge jointly shall establish clear
	criteria for identifying a target population to be served by the
	program. The criteria must prioritize serving a target population
	composed of members with the highest risks of recidivism.  The
	county judge, in consultation with the appropriate entities listed
	in Section 581.005, may adjust the criteria established under this
	subsection during the operation of the program provided the
	adjusted criteria are clearly articulated.
	Sec. 581.007.  FINANCING THE PROGRAM. (a)  The creation of
	the pilot program under this chapter is contingent on the
	continuing agreement of the Commissioners Court of Fort Bend County
	to contribute to the program each year in which the program operates
	services for persons with mental illness equivalent in value to
	funding provided by the state for the program.
	(b)  It is the intent of the legislature that appropriations
	made to pay for the pilot program are made in addition to and will
	not reduce the amount of appropriations made in the regular funding
	of a local authority for intellectual and developmental
	disabilities or a local mental health authority that serves Fort
	Bend County.
	(c)  The Commissioners Court of Fort Bend County may seek and
	receive gifts and grants from federal sources, foundations,
	individuals, and other sources for the benefit of the pilot
	program.
	Sec. 581.008.  INSPECTIONS.  The department may make
	inspections of the operation of and provision of mental health jail
	diversion services through the pilot program on behalf of the state
	to ensure state money appropriated for the pilot program is used
	effectively.
	Sec. 581.009.  REPORT. (a) Not later than December 1, 2022,
	the commissioner shall evaluate and submit a report concerning the
	effect of the pilot program in providing short-term residential
	treatment in a crisis stabilization unit that includes medical,
	behavioral health, case management, and nursing services and
	reducing recidivism and the frequency of arrests and incarceration
	among persons with mental illness in Fort Bend County to the
	governor, the lieutenant governor, the speaker of the house of
	representatives, and the presiding officers of the standing
	committees of the senate and house of representatives having
	primary jurisdiction over health and human services issues and over
	criminal justice issues.
	(b)  The report must include a description of the features of
	the criminal justice mental health service model developed and
	tested under the pilot program and the commissioner's
	recommendation whether to expand use of the model statewide.
	(c)  In conducting the evaluation required under Subsection
	(a), the commissioner shall compare the rate of recidivism in Fort
	Bend County among persons in the target population before the date
	the program is implemented in the community to the rate of
	recidivism among those persons two years after the date the program
	is implemented in the community and three years after the date the
	program is implemented in the community.  The commissioner may
	include in the evaluation measures of the effectiveness of the
	program related to the well-being of persons served under the
	program.
	Sec. 581.010.  CONCLUSION; EXPIRATION. The pilot program
	established under this chapter concludes and this chapter expires
	September 1, 2023.
	SECTION 2.  This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution.  If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2019.