HB1455 - Relating to the collection and reporting of information regarding mental health jail diversion.

  89R4544 EAS-F     By: Jones of Harris H.B. No. 1455       A BILL TO BE ENTITLED   AN ACT   relating to the collection and reporting of information regarding   mental health jail diversion.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter B, Chapter 2B, Code of Criminal   Procedure, is amended by adding Article 2B.00541 to read as   follows:           Art.   2B.00541.     REPORTS REQUIRED FOR INDIVIDUALS WITH   SUSPECTED MENTAL ILLNESS OR INTELLECTUAL DISABILITY. (a) A peace   officer who arrests an individual who the peace officer has   reasonable cause to believe is an individual with mental illness or   an intellectual disability or detains the individual in accordance   with Subchapter A, Chapter 573, Health and Safety Code, shall   report to the officer's law enforcement agency the following   information:                 (1)     a description of the individual's behavior that   led the peace officer to reasonably believe the individual is an   individual with mental illness or an intellectual disability,   including:                       (A)     behavioral indications of mental illness or   intellectual disability;                       (B)     verbal indications of distress by the   individual or a bystander;                       (C)     physical injuries incurred before or during   the arrest; and                       (D)     any medical treatment provided during the   arrest;                 (2)  the initial reason for the individual's arrest;                 (3)     whether the officer conducted a search and whether   the individual consented to the search;                 (4)     any contraband or other evidence discovered in the   course of the officer's search and a description of the contraband   or evidence;                 (5)     the reason for the officer's search, including   whether:                       (A)     any contraband or other evidence was in plain   view;                       (B)     any probable cause or reasonable suspicion   existed to perform the search; or                       (C)  the search was performed as a result of:                             (i)  the towing of the motor vehicle; or                             (ii)     the arrest of any individual in the   motor vehicle;                 (6)     whether the law enforcement agency made a good   faith effort to divert an individual suffering a mental health   crisis or suffering from the effects of substance abuse to a proper   treatment center, as described by Article 16.23;                 (7)     whether the officer used restraint against the   individual; and                 (8)     whether the officer used physical force during the   stop resulting in bodily injury, as that term is defined by Section   1.07, Penal Code.           (b)     The arresting officer shall provide the report   described by Subsection (a) to the sheriff or municipal jailer at   the time the defendant is transferred into the custody of the   sheriff or jailer.           (c)     The chief administrator of a law enforcement agency,   regardless of whether the administrator is elected, employed, or   appointed, is responsible for auditing reports under Subsection (a)   to ensure the agency complies with this article by reporting all the   required information.          SECTION 2.  Articles 2B.0055(a) and (c), Code of Criminal   Procedure, are amended to read as follows:          (a)  A law enforcement agency shall compile and analyze the   information contained in each report received by the agency under   Articles  [ Article ] 2B.0054 and 2B.00541 .          (c)  A report required under Subsection (b) must be submitted   by the chief administrator of the law enforcement agency,   regardless of whether the administrator is elected, employed, or   appointed.  The report must include:                (1)  a comparative analysis of the information compiled   under Article 2B.0054 to:                      (A)  evaluate and compare the number of motor   vehicle stops, within the applicable jurisdiction, of:                            (i)  individuals recognized as members of   racial or ethnic minority groups; and                            (ii)  individuals not recognized as members   of racial or ethnic minority groups;                      (B)  examine the disposition of motor vehicle   stops made by officers employed by the agency, categorized   according to the race or ethnicity of the individuals affected, as   appropriate, including any searches resulting from stops within the   applicable jurisdiction; and                      (C)  evaluate and compare the number of searches   resulting from motor vehicle stops within the applicable   jurisdiction and whether contraband or other evidence was   discovered during those searches; [ and ]                (2)   a comparative analysis of the information compiled   under Article 2B.00541 to:                       (A)     examine the initial reason a peace officer   arrested an individual who the officer had reasonable cause to   believe is an individual with mental illness or an intellectual   disability;                       (B)     examine discrepancies between successful and   unsuccessful attempted diversions of individuals with mental   illness or an intellectual disability from criminal justice   involvement; and                       (C)     evaluate the peace officer's use of   restraints and force against individuals who the officer has   reasonable cause to believe are individuals with mental illness or   an intellectual disability; and                 (3)   information relating to each complaint filed with   the agency alleging that a peace officer employed by the agency has   engaged in racial profiling.          SECTION 3.  Section 511.0101(a), Government Code, is amended   to read as follows:          (a)  Each county shall submit to the commission on or before   the fifth day of each month a report containing the following   information:                (1)  the number of prisoners confined in the county   jail on the first day of the month, classified on the basis of the   following categories:                      (A)  total prisoners;                      (B)  pretrial Class C misdemeanor offenders;                      (C)  pretrial Class A and B misdemeanor offenders;                      (D)  convicted misdemeanor offenders;                      (E)  felony offenders whose penalty has been   reduced to a misdemeanor;                      (F)  pretrial felony offenders;                      (G)  convicted felony offenders;                      (H)  prisoners detained on bench warrants;                      (I)  prisoners detained for parole violations;                      (J)  prisoners detained for federal officers;                      (K)  prisoners awaiting transfer to the   institutional division of the Texas Department of Criminal Justice   following conviction of a felony or revocation of probation,   parole, or release on mandatory supervision and for whom paperwork   and processing required for transfer have been completed;                      (L)  prisoners detained after having been   transferred from another jail and for whom the commission has made a   payment under Subchapter F, Chapter 499, Government Code;                      (M)  prisoners for whom an immigration detainer   has been issued by United States Immigration and Customs   Enforcement;                      (N)  female prisoners; and                      (O)  other prisoners;                (2)  the total capacity of the county jail on the first   day of the month;                (3)  the total number of prisoners who were confined in   the county jail during the preceding month, based on a count   conducted on each day of that month, who were known or had been   determined to be pregnant;                (4)  the total cost to the county during the preceding   month of housing prisoners described by Subdivision (1)(M),   calculated based on the average daily cost of housing a prisoner in   the county jail; [ and ]                (5)   information on prisoners in the county jail who   the sheriff has reasonable cause to believe are individuals with   mental illness or an intellectual disability, including:                       (A)     the number of mental health or intellectual   and developmental disability screenings completed in the jail;                       (B)     the number of notifications a sheriff or   municipal jailer provided to a magistrate, as required by Article   16.22(a)(1), Code of Criminal Procedure;                       (C)     the number of mental health or intel [Text truncated for display. 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