TX Code Crim Pro art 46B.090 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46B - Incompetency to Stand Trial|Subchapter D. Procedures After Determination of Incompetency|Article 46B.090. Jail-Based Restoration of Competency Pilot Program

(a)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 936 (S.B. 49), Sec. 11(1), eff. September 1, 2021.(a-1)  If the legislature appropriates to the commission the funding necessary for the commission to operate a jail-based restoration of competency pilot program as described by this article, the commission shall develop and implement the pilot program in one or two counties in this state that choose to participate in the pilot program.  In developing the pilot program, the commission shall coordinate and allow for input from each participating county.(b)  The commission shall contract with a provider of jail-based competency restoration services to provide services under the pilot program if the commission develops a pilot program under this article.(c)  The executive commissioner shall adopt rules as necessary to implement the pilot program.(d)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 946 , Sec. 1.15(d), eff. September 1, 2015.(e)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 946 , Sec. 1.15(d), eff. September 1, 2015.(f)  To contract with the commission under Subsection (b), a provider of jail-based competency restoration services must:(1)  be a local mental health authority or local behavioral health authority that is in good standing with the commission, which may include an authority that is in good standing with the commission and subcontracts with a provider of jail-based competency restoration services; and(2)  contract with a county or counties to develop and implement a jail-based competency restoration program.(f-1)  The provider's jail-based competency restoration program must:(1)  through the use of a multidisciplinary treatment team, provide jail-based competency restoration services that are:(A)  directed toward the specific objective of restoring the defendant's competency to stand trial; and(B)  similar to other competency restoration programs;(2)  employ or contract for the services of at least one psychiatrist;(3)  provide jail-based competency restoration services through licensed or qualified mental health professionals;(4)  provide weekly competency restoration hours commensurate to the hours provided as part of other competency restoration programs;(5)  operate in the jail in a designated space that is separate from the space used for the general population of the jail;(6)  ensure coordination of general health care;(7)  provide mental health treatment and substance use disorder treatment to defendants, as necessary, for competency restoration; and(8)  supply clinically appropriate psychoactive medications for purposes of administering court-ordered medication to defendants as applicable and in accordance with Article 46B.086 of this code or Section 574.106, Health and Safety Code.(g)  A contract under Subsection (b) must require the designated provider to collect and submit to the commission the information specified by rules adopted under Subsection (c).(h)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 936 (S.B. 49), Sec. 11(1), eff. September 1, 2021.(i)  A psychiatrist or psychologist for the provider who has the qualifications described by Article 46B.022 shall evaluate the defendant's competency and report to the court as required by Article 46B.079.(j)  If at any time during a defendant's participation in the jail-based restoration of competency pilot program the psychiatrist or psychologist for the provider determines that the defendant has attained competency to stand trial:(1)  the psychiatrist or psychologist for the provider shall promptly issue and send to the court a report demonstrating that fact; and(2)  the court shall consider that report as the report of an expert stating an opinion that the defendant has been restored to competency for purposes of Article 46B.0755(a) or (b).(k)  If at any time during a defendant's participation in the jail-based restoration of competency pilot program the psychiatrist or psychologist for the provider determines that the defendant's competency to stand trial is unlikely to be restored in the foreseeable future:(1)  the psychiatrist or psychologist for the provider shall promptly issue and send to the court a report demonstrating that fact; and(2)  the court shall:(A)  proceed under Subchapter E or F and order the transfer of the defendant, without unnecessary delay, to the first available facility that is appropriate for that defendant, as provided under Subchapter E or F, as applicable; or(B)  release the defendant on bail as permitted under Chapter 17.(l)  If the psychiatrist or psychologist for the provider determines that a defendant ordered to participate in the pilot program has not been restored to competency by the end of the 60th day after the date the defendant began to receive services in the pilot program, the jail-based competency restoration program shall continue to provide competency restoration services to the defendant for the period authorized by this subchapter, including any extension ordered under Article 46B.080, unless the jail-based competency restoration program is notified that space at a facility or outpatient competency restoration program appropriate for the defendant is available and, as applicable:(1)  for a defendant charged with a felony, not less than 45 days are remaining in the initial restoration period; or(2)  for a defendant charged with a felony or a misdemeanor, an extension has been ordered under Article 46B.080 and not less than 45 days are remaining under the extension order.(l-1)  After receipt of a notice under Subsection (l), the defendant shall be transferred without unnecessary delay to the appropriate mental health facility, residential care facility, or outpatient competency restoration program for the remainder of the period permitted by this subchapter, including any extension that may be ordered under Article 46B.080 if an extension has not previously been ordered under that article. If the defendant is not transferred, and if the psychiatrist or psychologist for the provider determines that the defendant has not been restored to competency by the end of the period authorized by this subchapter, the defendant shall be returned to the court for further proceedings.  For a defendant charged with a misdemeanor, the court may:(1)  proceed under Subchapter E or F;(2)  release the defendant on bail as permitted under Chapter 17; or(3)  dismiss the charges in accordance with Article 46B.010.(l-2)  The court retains authority to order the transfer of a defendant who is subject to an order for jail-based competency restoration services to an outpatient competency restoration program if:(1)  the court determines that the defendant is not a danger to others and may be safely treated on an outpatient basis with the specific objective of attaining competency to stand trial;  and(2)  the other requirements of this subchapter relating to an order for outpatient competency restoration services are met.(m)  Unless otherwise provided by this article, the provisions of this chapter, including the maximum periods prescribed by Article 46B.0095, apply to a defendant receiving competency restoration services, including competency restoration education services, under the pilot program in the same manner as those provisions apply to any other defendant who is subject to proceedings under this chapter.(n)  If the commission develops and implements a jail-based restoration of competency pilot program under this article, not later than December 1, 2021, the executive commissioner shall submit a report concerning the pilot program to 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.  The report must include the information collected by the commission during the pilot program and the executive commissioner's evaluation of the outcome of the program as of the date the report is submitted.(o)  This article expires September 1, 2022. After the expiration of this article, a pilot program established under this article may continue to operate subject to the requirements of Article 46B.091.|Added by Acts 2013, 83rd Leg., R.S., Ch. 797 (S.B. 1475), Sec. 2, eff. September 1, 2013.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 6.016, eff. April 2, 2015.Acts 2015, 84th Leg., R.S., Ch. 946 (S.B. 277), Sec. 1.15(c), eff. September 1, 2015.Acts 2015, 84th Leg., R.S., Ch. 946 (S.B. 277), Sec. 1.15(d), eff. September 1, 2015.Acts 2017, 85th Leg., R.S., Ch. 748 (S.B. 1326), Sec. 29, eff. September 1, 2017.Acts 2017, 85th Leg., R.S., Ch. 748 (S.B. 1326), Sec. 35(2), eff. September 1, 2017.Acts 2021, 87th Leg., R.S., Ch. 936 (S.B. 49), Sec. 6, eff. September 1, 2021.Acts 2021, 87th Leg., R.S., Ch. 936 (S.B. 49), Sec. 11(1), eff. September 1, 2021.|