CHAPTER 616. MENTAL HEALTH COURT PROGRAMS - Texas Statutes

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.