87R5371 YDB-D     By: Canales H.B. No. 1999       A BILL TO BE ENTITLED   AN ACT   relating to a specialty mental health court program for juveniles.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 125.001, Government Code, is amended by   amending Subsection (a) and adding Subsection (c) to read as   follows:          (a)  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 intellectual or developmental disability [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   intellectual or developmental disability [mental retardation]   services;                (5)  ongoing judicial interaction with program   participants;                (6)  diversion of potentially mentally ill or   intellectually or developmentally disabled [mentally retarded]   defendants or children to needed services as an alternative to   subjecting those defendants or children to the criminal or juvenile   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 health   [retardation] authorities providing intellectual or developmental   disability services.          (c)  If a child successfully completes a mental health court   program for juveniles, after notice to the attorney representing   the state and a hearing in the mental health court at which that   court determines that a dismissal is in the best interest of   justice, the court shall provide to the juvenile court in which the   juvenile case is pending information about the dismissal and shall   include all records relating to the child. The juvenile court in   which the juvenile case is pending shall dismiss the case against   the child and, on the court's own motion and without a hearing, may,   with the consent of the attorney representing the state, order the   sealing of records relating to the child.          SECTION 2.  Section 125.002, Government Code, is amended to   read as follows:          Sec. 125.002.  AUTHORITY TO ESTABLISH PROGRAM. The   commissioners court of a county may establish a mental health court   program for persons who:                (1)  have been:                      (A)  arrested for or charged with a misdemeanor or   felony; or                      (B)  referred to a juvenile court or alleged by a   petition to have engaged in delinquent conduct or conduct   indicating a need for supervision; and                (2)  are suspected by a law enforcement agency or a   court of having a mental illness or an intellectual or   developmental disability [mental retardation].          SECTION 3.  Section 125.003, Government Code, is amended by   amending Subsection (a) and adding Subsection (c) to read as   follows:          (a)  A mental health court program established under Section   125.002:                (1)  may handle all issues arising under:                      (A)  Articles 16.22 and 17.032, Code of Criminal   Procedure, and Chapter 46B, Code of Criminal Procedure; and                      (B)  Section 51.20(a), Family Code, and   Subchapters B and C, Chapter 55, Family Code; and                (2)  except as provided by Subsection (c), 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 or   juvenile justice system, as applicable;                      (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 or conduct charged if the   probationary period is longer than six months.          (c)  If a child is eligible for or is a participant in a   mental health court program, a decision to participate in or   withdraw from the program under Subsection (a) requires the consent   of the child's parent, guardian, or conservator.          SECTION 4.  Section 125.004, Government Code, is amended to   read as follows:          Sec. 125.004.  PARTICIPANT PAYMENT FOR TREATMENT AND   SERVICES. A mental health court program may require an adult [a]   participant or a parent, guardian, or conservator of a child   participant to pay the cost of all treatment and services the   participant received while participating in the program, based on   the [participant's] ability to pay.          SECTION 5.  Section 125.005(a), Government Code, is amended   to read as follows:          (a)  The commissioners court of a county with a population of   more than 200,000 shall:                (1)  establish a mental health court program, including   a separate program for juveniles, under Section 125.002; and                (2)  direct the judge, magistrate, or coordinator to   comply with Section 121.002(c)(1).          SECTION 6.  This Act takes effect September 1, 2021.