bill making sheriffs give competency-restored defendants their medication

The text as introduced · 333 words

89R2133 CJD-F

By: Jones of Harris
H.B. No. 899

A BILL TO BE ENTITLED

AN ACT

relating to the administration of medication to certain persons in

the custody of a sheriff.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 46B.0825, Code of Criminal Procedure, is

amended by amending Subsections (a) and (b) and adding Subsection

(a-1) to read as follows:

(a) A sheriff or sheriff's deputy having custody of a

defendant discharged from a facility, jail-based competency

restoration program, or outpatient competency restoration program

[ for transportation as required by Article 46B.0805 or 46B.082 or

during proceedings described by Article 46B.084 ] shall, according

to information available at the time and unless directed otherwise

by a physician treating the defendant :

(1) [ , ] ensure that the defendant is provided with the

types and dosages of medication prescribed for the defendant ; and

(2) in accordance with applicable law, compel the

defendant to take all prescribed medication to ensure the

defendant's continuity of care .

(a-1) If a defendant described by Subsection (a) is being

treated with a psychotropic medication at the time the defendant is

discharged, the sheriff or sheriff's deputy shall ensure that

administration of the medication continues unless directed

otherwise by the physician for the jail. The jail physician must

appropriately document the need for any discontinuation or other

change in the use or amount of medication after consulting with the

physician who treated the defendant at the facility or program to

ensure that the change does not adversely affect the defendant's

mental health or ability to continue with court proceedings.

(b) The commission shall reimburse [ To the extent funds are

appropriated for that purpose, ] a sheriff for the cost of [ is

entitled to reimbursement from the state for ] providing the

medication required by this article [ Subsection (a) ].

SECTION 2. Article 46B.0825(c), Code of Criminal Procedure,

is repealed.

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