HBA-MSH S.B. 644 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 644 By: Moncrief Corrections 4/16/2001 Engrossed BACKGROUND AND PURPOSE Currently, certain agencies that provide services regarding offenders with mental impairments are required to adopt a memorandum of understanding establishing their responsibilities in instituting continuity of care and service programs for those offenders. However, the memorandum presents no clear provision regarding the collection and reporting of data on offenders with mental impairments. Senate Bill 644 requires the agencies involved in the memorandum of understanding to collect and report implementation outcomes. 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. ANALYSIS Senate Bill 644 amends the Health and Safety Code to remove the rulemaking authority of the Texas Department of Criminal Justice, the Texas Department of Mental Health and Mental Retardation (MHMR), representatives of local mental health or mental retardation authorities appointed by the commissioner of MHMR, and the directors of community supervision and corrections departments with regard to the adoption of a memorandum of understanding that establishes their respective responsibilities to institute a continuity of care and service program for offenders with mental impairments in the criminal justice system (offenders). The bill adds that the memorandum of understanding must establish methods for collecting and reporting prevalence rate data to the Texas Council on Offenders with Mental Impairments (council), develop standards for the coordination of care and exchange of information on offenders by local and state criminal justice agencies MHMR, local mental health or mental retardation authorities, the Commission on Jail Standards (commission), and local jails, and establish a process to report implementation activities to the council. The bill requires local and state criminal justice agencies to whenever possible contract with local mental health or mental retardation authorities to maximize Medicaid funding and improve the continuity of care and service program for offenders. The bill requires the council in coordination with local and state criminal justice agencies, MHMR, local mental health or mental retardation authorities, the commission, and local jails to develop a standardized process for collecting and reporting the memorandum of understanding implementation outcomes by local and state criminal justice agencies and local and state mental health or mental retardation authorities. The bill provides that the findings of these reports are to be submitted to the council by September 1 of each even-numbered year and be included in recommendations to the legislature in the council's biennium report. EFFECTIVE DATE September 1, 2001.