SB2758 - Relating to certain proceedings and supervision following certain adjudications occurring in a criminal case.

  89R8941 EAS-F     By: Cook S.B. No. 2758       A BILL TO BE ENTITLED   AN ACT   relating to certain proceedings and supervision following certain   adjudications occurring in a criminal case.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 46C.264(a), Code of Criminal Procedure,   is amended to read as follows:          (a)   Court-ordered [ The court may order the ] outpatient or   community-based treatment and supervision may [ to ] be provided to   the acquitted person only in a county in which [ in any appropriate   county where the ] necessary resources are available and in which:                 (1)  the person was acquitted; or                 (2)     the court receiving jurisdiction over the person   under Article 46C.2645 is located .          SECTION 2.  Subchapter F, Chapter 46C, Code of Criminal   Procedure, is amended by adding Article 46C.2645 to read as   follows:           Art.   46C.2645.     TRANSFER OF JURISDICTION OVER ACQUITTED   PERSON RECEIVING COURT-ORDERED OUTPATIENT OR COMMUNITY-BASED   TREATMENT AND SUPERVISION.   (a)   This article applies only with   respect to an acquitted person for whom outpatient or   community-based treatment and supervision are sought to be provided   in a county other than the county in which the committing court is   located.           (b)     Either party may file a motion to transfer, to a county   other than the county in which the committing court is located,   jurisdiction over an acquitted person who has been ordered to   receive outpatient or community-based treatment and supervision.     The motion must be filed in the county to which the transfer is   sought and in a court with jurisdiction over the category of offense   of which the person was acquitted and must include:                 (1)     a description of the alternative placements in the   county of the committing court, as considered by the parties, and   why the placements are unsuitable;                 (2)     a statement that the local mental health authority   in the proposed county has been notified;                 (3)     the factors that create the nexus, as described by   Subsection (c)(4), between the acquitted person and the proposed   county; and                 (4)  any other factors that support the transfer.           (c)     Not later than the 45th day after the date a motion   described by Subsection (b) is filed, the court shall conduct a   hearing on the motion.   The court shall consider the following   factors in determining whether to accept jurisdiction over the   acquitted person:                 (1)     whether sufficient resources are available to   provide outpatient or community-based treatment and supervision in   the proposed county;                 (2)     whether the acquitted person can be adequately   supervised in the proposed county while maintaining the safety of   the community and the acquitted person;                 (3)     whether the local mental health authority in the   proposed county has agreed to provide the outpatient or   community-based treatment and supervision;                 (4)     whether there is a nexus between the acquitted   person and the proposed county that would add stability and support   for the person, including the acquitted person having:                       (A)     an active support network in that county,   including family and friends; and                       (B)     previously received mental health services   from the local mental health authority in the proposed county at any   time during the five-year period preceding the date of the person's   acquittal;                 (5)     the acquitted person's proposed outpatient or   community-based treatment plan; and                 (6)  other factors that the court considers relevant.           (d)     After the court makes a determination that accepting   jurisdiction over the acquitted person is appropriate, the   committing court shall transfer the case to that court.           (e)     After the case is transferred, the acquitted person's   discharge planning shall be completed by the court accepting   jurisdiction and the applicable local mental health authority and   state hospital serving the county in which that court is located.          SECTION 3.  (a)  The Health and Human Services Commission   shall conduct a study on persons who were, during the period   beginning on September 1, 2005, and ending on August 31, 2026:                (1)  found not guilty by reason of insanity; and                (2)  ordered by the court to participate in outpatient   or community-based treatment and supervision.          (b)  Not later than December 1, 2026, the commission shall   prepare and submit to the legislature a written report containing   the results of the study and any recommendations for legislative or   other action.  The report must include the following, with regard to   the acquitted persons who, during the applicable period described   by Subsection (a) of this section, are ordered by the court to   participate in outpatient or community-based treatment and   supervision:                (1)  a list of each county with regard to which   acquitted persons are ordered to participate in treatment and   supervision;                (2)  the number of acquitted persons ordered to   participate in treatment and supervision in:                      (A)  counties in which the court ordering the   treatment and supervision is located; or                      (B)  counties other than the county in which the   court ordering the treatment and supervision is located;                (3)  the reasons acquitted persons are ordered to   participate in treatment and supervision in a county described by   Subdivision (2)(B) of this subsection;                (4)  issues identified by treatment providers and other   stakeholders concerning acquitted persons being ordered to   participate in treatment and supervision in a county described by   Subdivision (2)(B) of this subsection;                (5)  information on whether there is sufficient funding   for acquitted persons to participate in all types of outpatient   treatment and supervision in this state; and                (6)  a description of outcomes for acquitted persons   participating in all types of outpatient treatment and supervision   in this state.          SECTION 4.  (a) The changes in law made by this Act in   amending Article 46C.264(a), Code of Criminal Procedure, and adding   Article 46C.2645, Code of Criminal Procedure, apply to any   defendant who is subject to proceedings under Chapter 46C, Code of   Criminal Procedure, before, on, or after the effective date of this   Act.          (b)  Notwithstanding Section 5, Chapter 831 (S.B. 837), Acts   of the 79th Legislature, Regular Session, 2005, for a person who   committed any element of the offense before September 1, 2005,   Chapter 46C, Code of Criminal Procedure, as amended by this Act,   governs:                (1)  an initial determination of not guilty by reason   of insanity; and                (2)  any subsequent proceedings that occur in relation   to a determination of not guilty by reason of insanity made under   Chapter 46C or former Article 46.03, Code of Criminal Procedure, as   applicable, including commitment hearings, recommitment hearings,   and court orders requiring participation in outpatient or   community-based treatment and supervision.          SECTION 5.  This Act takes effect September 1, 2025.