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.