BILL ANALYSIS
| Senate Research Center | S.B. 528 |
| 89R3916 EAS-D | By: Schwertner |
| | Health & Human Services |
| | 3/31/2025 |
| | As Filed |
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Inpatient competency restoration (ICR) programs serve a vital role in restoring an individual's mental competency to stand trial. However, the current contract procurement process lacks the parameters necessary in ensuring both public safety and organized integration into the communities supporting program expansion. Improving communication and collaboration among local emergency services, law enforcement, and mental health providers is essential to safeguarding communities and improving outcomes for individuals in these programs.
This bill adds key planning provisions to the ICR program statute, requiring increased coordination with local officials and agencies, improved transparency, and enhanced accountability through regular reporting.
As proposed, S.B. 528 amends current law relating to inpatient competency restoration services.
RULEMAKING AUTHORITY
Rulemaking authority is expressly granted to the executive commissioner of the Health and Human Services Commission in SECTION 1 (Section 580.003, Health and Safety Code) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Subtitle C, Title 7, Health and Safety Code, by adding Chapter 580, as follows:
CHAPTER 580. INPATIENT COMPETENCY RESTORATION SERVICES
Sec. 580.001. DEFINITIONS. Defines "commission," "competency restoration," and "residential care facility."
Sec. 580.002. APPLICABILITY. Provides that this chapter applies only to a facility that contracts with the Health and Human Services Commission (HHSC) to provide inpatient competency restoration services for an individual to stand trial in accordance with Chapter 46B (Incompetency to Stand Trial), Code of Criminal Procedure.
Sec. 580.003. MEMORANDUM OF UNDERSTANDING. Requires the executive commissioner of HHSC by rule to require each facility to which this chapter applies to enter into a memorandum of understanding with the county and municipality in which the facility is located and each local mental health authority and local behavioral health authority that operates in the county or municipality, as applicable, to outline the respective powers and duties of the parties with respect to inpatient competency restoration services.
Sec. 580.004. ANNUAL REPORT TO COMMISSION. (a) Requires HHSC to require each facility to which this chapter applies to annually provide to HHSC, in the form and manner HHSC requires, certain information for the preceding year regarding individuals who received inpatient competency restoration services at the facility.
(b) Requires that the data in the report be disaggregated by whether the individual was charged with a misdemeanor or felony offense and by any other appropriate demographic factors determined by HHSC.
Sec. 580.005. ANNUAL REPORT TO LEGISLATURE. Requires HHSC, not later than September 1 of each year, to prepare and submit to the legislature a written report on inpatient competency restoration services in this state for the preceding year. Requires that the report include:
(1) a performance evaluation of each facility to which this chapter applies;
(2) aggregated demographic data on individuals who received inpatient competency restoration services at a facility to which this chapter applies, including the criminal offenses the individuals were charged with, the individuals' countries of origin, and the individuals' diagnoses, if applicable; and
(3) the overall cost of providing inpatient competency restoration services at a facility to which this chapter applies compared to the cost of providing forensic inpatient competency restoration services at a state hospital and other competency restoration programs managed by HHSC.
SECTION 2. Provides that, notwithstanding Section 580.005, Health and Safety Code, as added by this Act, HHSC is not required to submit the initial report required by that section until September 1, 2027.
SECTION 3. Effective date: September 1, 2025.
