bill setting rules for competency restoration facilities

The text as introduced · 639 words

89R3916 EAS-D

By: Harris Davila
H.B. No. 5121

A BILL TO BE ENTITLED

AN ACT

relating to inpatient competency restoration services.

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. INPATIENT COMPETENCY RESTORATION SERVICES

Sec. 580.001. DEFINITIONS. In this chapter:

(1) "Commission" means the Health and Human Services

Commission.

(2) "Competency restoration" has the meaning assigned

by Article 46B.001, Code of Criminal Procedure.

(3) "Residential care facility" has the meaning

assigned by Section 591.003.

Sec. 580.002. APPLICABILITY. This chapter applies only to

a facility that contracts with the commission to provide inpatient

competency restoration services for an individual to stand trial in

accordance with Chapter 46B, Code of Criminal Procedure.

Sec. 580.003. MEMORANDUM OF UNDERSTANDING. The executive

commissioner by rule shall require each facility to which this

chapter applies to enter into a memorandum of understanding with

the county and municipality in which the facility is located and

each local mental health authority and local behavioral health

authority that operates in the county or municipality, as

applicable, to outline the respective powers and duties of the

parties with respect to inpatient competency restoration services.

Sec. 580.004. ANNUAL REPORT TO COMMISSION. (a) The

commission shall require each facility to which this chapter

applies to annually provide to the commission, in the form and

manner the commission requires, the following information for the

preceding year regarding individuals who received inpatient

competency restoration services at the facility:

(1) the total number of individuals who received

inpatient competency restoration services at the facility and the

number of those individuals who were restored to competency;

(2) for those individuals who were restored to

competency, the average number of days the individuals received

services at the facility;

(3) the number of individuals who were restored to

competency after receiving services at the facility for not more

than 60 days;

(4) the number of individuals who were not restored to

competency within the initial restoration period and for whom a

treatment extension was sought;

(5) the number of individuals who were not restored to

competency and who were transferred to an inpatient mental health

facility or residential care facility; and

(6) for individuals who were not restored to

competency, the average length of time between the date a

determination was made that an individual was not restored to

competency and the date the individual was transferred to an

inpatient mental health facility or residential care facility.

(b) The data in the report must be disaggregated by whether

the individual was charged with a misdemeanor or felony offense and

by any other appropriate demographic factors determined by the

commission.

Sec. 580.005. ANNUAL REPORT TO LEGISLATURE. Not later than

September 1 of each year, the commission shall prepare and submit to

the legislature a written report on inpatient competency

restoration services in this state for the preceding year. The

report must include:

(1) a performance evaluation of each facility to which

this chapter applies;

(2) aggregated demographic data on individuals who

received inpatient competency restoration services at a facility to

which this chapter applies, including the criminal offenses the

individuals were charged with, the individuals' countries of

origin, and the individuals' diagnoses, if applicable; and

(3) the overall cost of providing inpatient competency

restoration services at a facility to which this chapter applies

compared to the cost of:

(A) providing forensic inpatient competency

restoration services at a state hospital; and

(B) other competency restoration programs

managed by the commission.

SECTION 2. Notwithstanding Section 580.005, Health and

Safety Code, as added by this Act, the Health and Human Services

Commission is not required to submit the initial report required by

that section until September 1, 2027.

SECTION 3. This Act takes effect September 1, 2025.