By: Menéndez S.B. No. 2235               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 580 to read as follows:   CHAPTER 580. MENTAL HEALTH JAIL DIVERSION AND CRISIS STABILIZATION   UNIT PILOT PROGRAM; BEXAR COUNTY          Sec. 580.001.  DEFINITIONS. In this chapter:                (1)  "Commissioner" means the commissioner of state   health services.                (2)  "County judge" means the county judge of Bexar   County.                (3)  "Department" means the Department of State Health   Services.          Sec. 580.002.  MENTAL HEALTH JAIL DIVERSION AND CRISIS   STABILIZATION UNIT PILOT PROGRAM. The department, in cooperation   with the county judge, shall establish a pilot program in Bexar   County to be implemented by the county judge for the purpose of:                (1)  providing short-term residential treatment in a   crisis stabilization unit that includes medical and nursing   services for persons with mental illness who are incarcerated in   that county; and                (2)  reducing recidivism and the frequency of arrests   and incarceration among persons with mental illness in that county.          Sec. 580.003.  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 and nursing services and   toward reducing the recidivism and frequency of arrests and   incarceration of persons with mental illness in the Bexar County   jail. The model initially must apply the critical time   intervention principle described by Section 580.004 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; and                      (C)  multiple rehabilitation services.          Sec. 580.004.  CRITICAL TIME INTERVENTION. The pilot   program, in applying the critical time intervention principle, must   give persons with mental illness access to available social,   clinical, housing, and welfare services during the first weeks   after the person's release from jail.          Sec. 580.005.  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)  county or municipal law enforcement agencies;                (2)  the mental health division of the office of the   district attorney of Bexar County;                (3)  the Bexar County public defender;                (4)  mental health courts;                (5)  specially trained law enforcement crisis   intervention teams and crisis intervention response teams;                (6)  providers of competency restoration services;                (7)  providers of guardianship services;                (8)  providers of forensic case management;                (9)  providers of assertive community treatment;                (10)  providers of crisis stabilization services;                (11)  providers of intensive and general supportive   housing; and                (12)  providers of integrated mental health and   substance abuse inpatient, outpatient, and rehabilitation   services.          Sec. 580.006.  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 400 individuals.          (b)  The county judge shall endeavor to serve each year the   program operates not fewer than 400 or more than 600 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 and the   most severe mental illnesses. The county judge, in consultation   with the appropriate entities listed in Section 580.005, may adjust   the criteria established under this subsection during the operation   of the program provided the adjusted criteria are clearly   articulated.          Sec. 580.007.  FINANCING THE PROGRAM. (a) The creation of   the pilot program under this chapter is contingent on the   continuing agreement of the Commissioners Court of Bexar 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 fund 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 Bexar County.          (c)  The Commissioners Court of Bexar County may seek and   receive gifts and grants from federal sources, foundations,   individuals, and other sources for the benefit of the pilot   program.          Sec. 580.008.  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 funds appropriated for the pilot program are used   effectively.          Sec. 580.009.  REPORT. (a) Not later than December 1, 2020,   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 and   nursing services and reducing recidivism and the frequency of   arrests and incarceration among persons with mental illness in   Bexar 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 Bexar   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. 580.010.  CONCLUSION; EXPIRATION. The pilot program   established under this chapter concludes and this chapter expires   September 1, 2021.          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, 2017.