2005 Texas Health & Safety Code CHAPTER 616. MENTAL HEALTH COURT PROGRAMS

HEALTH & SAFETY CODE

CHAPTER 616. MENTAL HEALTH COURT PROGRAMS


	§ 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, § 1, eff. Sept. 1, 2003.          


	§ 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, § 1, eff. Sept. 1, 2003.  
Amended by Acts 2005, 79th Leg., ch. 1130, § 1, eff. June 18, 
2005.


	§ 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, § 1, eff. Sept. 1, 2003.  
Amended by Acts 2005, 79th Leg., ch. 1130, § 2, eff. June 18, 
2005.


	§ 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, § 1, eff. Sept. 1, 2003.          


	§ 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, § 1, eff. Sept. 1, 2003.