![]() Any appropriate or recommended treatment or service. ![]() Whether there is clinical evidence to support a finding that the defendant may be incompetent to stand trial and.Whether the defendant has a mental illness or intellectual disability.The written assessment must include the expert’s observations and findings pertaining to: Not later than the 30th day after the order was issued for a defendant released from custody.Not later than 96 hours after the magistrate ordered the assessment if the defendant is held in custody or.STEP 3: Except as permitted by the magistrate for good cause, the written assessment must be provided to the magistrate: If the defendant fails or refuses to submit to the collection of information, the magistrate may order the defendant to submit to an examination in a jail or in another place for a reasonable period not to exceed 72 hours.However: the magistrate is not required to order the assessment if the defendant has been determined to have a mental illness or intellectual disability in the year preceding the defendant’s date of arrest.STEP 2: If the magistrate determines that there is reasonable cause to believe that the defendant has a mental illness or intellectual disability, then the magistrate must order the local mental health authority, local intellectual and developmental disability authority or another qualified expert, to collect information and provide a written assessment to the magistrate. This must be done within 12 hours of receiving the credible information and the notice must include information related to the sheriff’s or jailer’s determination. STEP 1: If a sheriff or municipal jailer receives credible information that may establish reasonable cause to believe that a defendant charged with a Class B misdemeanor or higher offense has a mental illness or intellectual disability, then the sheriff or jailer must provide a written or electronic notice to the magistrate. Here is how the process now works with respect to magistration: Require independent law enforcement agencies to investigate jail deaths.Require law enforcement to divert person suffering a mental health crisis or from the effects of substance abuse to treatment and.Make it easier for a defendant with a mental illness or intellectual disability to be released on a personal bond.Shorten the time periods for the notice by the jail and for completing the assessment.In 2017, the Legislature passed SB 1849 (the Sandra Bland Act) and SB 1326 amending Art. The trial court may use the assessment for various purposes, including resuming criminal proceedings, resuming or initiating competency proceedings, in connection with the punishment phase after conviction, or referring the defendant to a specialty court.The magistrate provides copies of the written assessment to the defense counsel, the prosecution and the trial court.The magistrate may order the local mental health authority to collect information and provide an assessment.The sheriff or jail gives a notice to the magistrate.16.22 of the Code of Criminal Procedure provides for a protocol when a person who has been arrested shows signs of mental illness or intellectual disability. 16.22 MENTAL HEALTH ASSESSMENT PROCESSĪrt. ![]() What is the process when a defendant in custody is believed to have a mental illness or intellectual disability? OCA Statement on Reporting Mental Assessmentsįlow Chart - OCA Competency Restoration Process OCAĬlick here to view OCA's training materials. Magistrate's Order for Examination and Assessment Inmate Mental Condition Report to Magistrate Texas Association of Counties Bench Book on Mental Health and Mental Retardation Forms and Flow ChartsĮmergency Detention Notification Form (by Officer) Texas Judicial Commission on Mental Health Bench Books Training materials include a webinar, a PowerPoint that reviews the new jail screening and mental health procedures, flow charts for competency restoration and screening assessments, and a Q&A document with common questions regarding reporting.Įmergency Detention Orders and Art.16.22 Mental Assessments OCA has produced materials to assist stakeholders in understanding the changes made to jail screening and competency restoration processes for defendants that have a mental illness or intellectual or developmental disability. Recent legislative changes had a significant impact on the magistration process for justices of the peace.
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