CHAPTER 614. TEXAS CORRECTIONAL OFFICE ON OFFENDERS WITH MEDICAL OR MENTAL IMPAIRMENTS

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-7-mental-health-and-mental-retardation > 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

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;

(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;

(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;

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.

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.

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.

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.

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.

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.

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.

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.

(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;

(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.

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.

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;

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.

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.

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.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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