HBA-MPM H.B. 2892 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2892 By: Hartnett Public Health 3/26/1999 Introduced BACKGROUND AND PURPOSE Current law is unclear regarding the jurisdiction of law enforcement officers and certain residential care facility representatives with respect to the retrieval of escaped mental patients. H.B. 2892 clarifies procedures by which superintendents of residential care facilities, facility administrators, and law enforcement officials may retrieve an escaped mental patient. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 574.083, Health and Safety Code, as follows: (a) Authorizes the facility administrator (administrator) of a facility to which a patient was admitted for court-ordered inpatient health care services to have an absent patient taken into custody, detained, and returned to the facility by filing an affidavit with a magistrate and requesting the magistrate to order the patient's return. Deletes the provision that an administrator may attain this goal by signing a certificate authorizing the patient's return or filing the certificate with a magistrate and requesting the magistrate to order the patient's return. (b) Authorizes a magistrate to issue an order directing a peace or health officer to take a patient into custody and return the patient to the facility when, rather than if, the administrator files with the magistrate an affidavit setting out sufficient facts establishing the administrator's reasonable belief that the patient is receiving court-ordered inpatient mental health services in the facility and that the patient is absent without the facility's authority or has violated the conditions of a pass or furlough, or if the patient's condition has deteriorated to the extent that continued absence from the facility under a pass or furlough is inappropriate. Makes conforming changes. (c) Requires a peace officer or health officer to take a patient into custody and return the patient to the facility as soon as possible if authorized by court order. Requires the order to extend to any part of the state. Requires any peace officer to whom the order is directed, or into whose hands the same has been transferred, to be authorized to execute the order in any county in this state. Authorizes the patient to be detained in an available local facility as necessary, if immediate return to facility in the above specified order is not possible. Prohibits the client from being detained in a nonmedical facility used for persons charged with or convicted of a crime, except during an extreme emergency and for no longer than 24 hours. Provides that if detained for any length of time at a nonmedical facility, a patient is required to be isolated from any person charged with or convicted of a crime. (d) Requires the county health authority to ensure that proper care and medical attention are made available to a patient detained in a nonmedical facility under Subsection (c). Deletes text requiring the peace officer or health officer to take the patient into custody and return the patient to the facility as soon as possible if the patient's return is authorized by the administrator's certificate or court order. (e) Makes no changes. (f) Authorizes the administrator to release information about the patient to law enforcement deemed necessary to facilitate the patient's return to the facility, notwithstanding any other law regarding the confidentiality of the information. SECTION 2. Amends Section 593.012, Health and Safety Code, as follows: (a) Authorizes the superintendent of a residential care facility (superintendent) to which a client was admitted for court-ordered care and treatment to have a client who is absent without authority taken into custody, detained and returned to the facility by filing an affidavit with a magistrate and requesting the magistrate to order the client's return. Deletes text authorizing the superintendent to immediately issue an order authorizing a peace officer to detain a resident committed to the facility under Subchapter C (Commitment to Residential Care Facility), Chapter 593 (Admission and Commitment to Mental Retardation Services), Health and Safety Code, who is absent from the facility without proper permission. (b) Authorizes a magistrate to issue an order directing a peace officer to take a client into custody and return the client to the facility when the administrator has filed with the magistrate an affidavit setting out sufficient facts establishing the administrator's reasonable belief that the client is receiving court-ordered treatment and care in the facility and that the client is absent without authority from the facility or has violated the conditions of a pass or furlough, or that the client's condition has deteriorated to the extent that continued absence from the facility under a pass or furlough is inappropriate. Deletes text requiring a peace officer to immediately notify the superintendent when the officer takes a resident into custody and requiring the prompt return of the resident to the assigned facility at the superintendent's request. (c) Requires a peace officer to take a client into custody and return the client to the facility as soon as possible, if the client's return is authorized by court order. Requires the order to extend to any part of this state, and requires any peace officer to whom the order is directed, or into whose hands the same has been transferred, to be authorized to execute he same in any county in this state. Provides that if the client cannot be immediately returned to the facility named in the order, the client may be detained in an available local facility, as necessary. Prohibits the client from being detained in a nonmedical facility used to detain persons who are charged with or convicted of a crime, except in the case of an extreme emergency and for no longer than 24 hours. (d) Authorizes the county health authority to ensure that proper care and medical attention are made available to a client detained in a nonmedical facility under Subsection (c). (e) Authorizes a peace officer to take a client into custody without possessing a court order. Authorizes the administrator to release information about the client to law enforcement deemed necessary to facilitate the client's return to the facility, nothwithstanding any other law regarding the confidentiality of the information. SECTION 3.Emergency clause. Effective date: upon passage.