SECTION 411.62. Memorandum of Understanding concerning Continuity of Care System for Offenders with Mental Impairments

(a) For the purpose of establishing a continuity of care system for offenders with mental illnesses or mental retardation, the Texas Department of Criminal Justice (TDCJ), the Texas Department of Mental Health and Mental Retardation (TDMHMR), local mental health and mental retardation authorities (MHMRAs), and local community supervision and corrections' departments (CSCD's) agree to the following:

(1) Authority and purpose. Senate Bill 252, Acts 1993, 73rd Leg., Ch.488, 1, and House Bill 1747, Acts 1997, 75th Leg., codified as Texas Health and Safety Code, §614.013, authorizes TDCJ, TDMHMR, local MHMRAs, and CSCD's (entities) to establish a memorandum of understanding that identifies methods for:

(A) identifying persons with mental illness or mental retardation involved in the criminal justice system;

(B) developing interagency rules, policies and procedures for the coordination of the care of and exchange of information on persons with mental illness or mental retardation by local and state criminal justice agencies, TDMHMR, local MHMRAs, and CSCDs; and

(C) identifying services needed by persons with mental illness or mental retardation to re-enter the community successfully.

(2) This memorandum of understanding is intended to implement a continuity of care system for offenders with mental illness or mental retardation in the criminal justice system, using funds appropriated for that purpose.

(b) All entities agree to the extent possible to:

(1) follow the statutory provisions in Texas Health and Safety Code, §614.017, relating to the exchange of information (including electronic) about offenders with mental illness or mental retardation for the purpose of providing or coordinating services among the entities;

(2) develop a system and a procedure that describes the agencies' role in the pre-release and post-release planning process for persons with mental illness or mental retardation;

(3) develop procedures that provide for the preparation of assessments or diagnostics prior to the imposition of community supervision, incarceration, or parole, and the transfer of such diagnostics between local and state entities prior to release from incarceration;

(4) submit to the Texas Council on Offenders with Mental Impairments (Council) a list of contact staff who are responsible for responding to referrals and/or issues regarding persons with mental illness or mental retardation;

(5) participate in cross training and/or educational events targeted for improving each agency's knowledge and understanding of the criminal justice and mental health/mental retardation systems' roles and responsibilities;

(6) inform each other of any proposed rule or standards changes which could affect the continuity of care system. Each agency shall be afforded 30 days after receipt of proposed change(s) to respond to the recommendations prior to the adoption;

(7) provide on-going status reports to the Council on the implementation of initiatives outlined in this MOU;

(8) actively seek federal funds to operate and/or expand the service capability;

(9) develop a technical assistance manual that describes the criminal justice and mental health/mental retardation service delivery systems, and the role and responsibilities of each agency.

(c) TDCJ, to the extent possible, shall:

(1) design an information base for exchange purposes, that provides the following information:

(A) the number of offenders with a priority population diagnosis of mental illness or mental retardation who are on community supervision, incarcerated, or on parole;

(B) the county of residence to which these individuals reside or will return to upon release from incarceration;

(C) the type and level of offense with which the offender has been charged and convicted;

(D) the diagnoses including psychiatric, medical, and mental retardation;

(E) any other information deemed necessary to be consistent with the intent of this agreement.

(2) develop a procedure to ensure that clients or offenders have medications and/or prescriptions upon their release from incarceration from TDCJ facilities;

(3) ensure that aftercare treatment providers are provided with all pertinent medical and/or psychiatric records prior to the client or offenders release from TDCJ facilities.

(d) TDMHMR, to the extent possible, shall:

(1) Collaborate with local authorities in the development of CARE system data elements which are within the capacity of the MHMR system to generate reports about offenders with a mental illness or mental retardation referred, served, and discharged from service;

(2) Express in departmental rules continuity of care expectations for persons with mental illness and/or mental retardation involved in the criminal justice system;

(3) maintain in the performance contracts requirements for local MH/MR authorities to identify those staff members (primary and alternates) responsible for the coordination of referrals and access to service for persons with mental illness or mental retardation involved with or referred from the state and/or local criminal justice systems; and

(4) receive referrals on any person with mental illness or mental retardation who meets the priority population definition and is in need of MH/MR treatment services, with the understanding that if no funding exists they would be on a waiting list until services are available.

(e) Local MHMRAs, to the extent possible, shall:

(1) Collaborate with TDMHMR in the development of CARE system data elements which are within the capacity of the MHMR system to generate reports about offenders with MI/MR referred, served, and discharged from services;

(2) Develop and implement procedures with the local jail and CSCD which address respective responsibilities for sharing information and which specifically address the following circumstances:

(A) offenders whose status is that of a convicted felon or deferred adjudication and offender consent to release information is not necessary per §614.017 of the Texas Health and Safety Code;

(B) offenders from whom consent to release information is required; and

(C) offenders from whom consent to release information is required but circumstances exist which meet the provisions of Chapter 611 of the Texas Health and Safety Code allowing release of information without consent;

(3) Identify by September 30, 1998, to the State Authority Contract Manager and the Texas Council on Offenders with Mental Impairments (TCOMI), those staff members (primary and alternates) responsible for the coordination of referrals and access to services for persons with mental illness or mental retardation involved with or referred from the state and/or local criminal justice systems. This information must be updated with the department and TCOMI when assigned staff change; and

(4) receive referrals on any person with mental illness or mental retardation who meets the priority population definition and is in need of mental health and mental retardation treatment services, with the understanding that if no funding exists they would be on a waiting list until services are available.

(f) CSCDs, to the extent possible, shall:

(1) provide information to local MHMRAs concerning persons who are under community supervision and are served by said entities;

(2) track the number of referrals to local MHMRAs;

(3) monitor the number of persons supervised by CSCDs who are on MHMR waiting lists who become re-involved in the criminal justice system;

(4) initiate referrals on any person with mental illness or mental retardation who meets the priority population definition and is in need of MHMR treatment services, with the understanding that if no funding exists they would be on a waiting list until services are available;

(5) identify barriers and gaps in services which should be identified in the community justice plan of each respective CSCD; and

(6) coordinate with local MHMR authorities to access available information, including the CARE System, on offenders with mental illness or mental retardation.

(g) Review And Monitoring.

(1) TDMHMR, TDCJ, the local MHMRAs, and local CSCDs shall jointly monitor implementation of the continuity of care system as outlined in this Memorandum of Understanding. The intent of all agencies is to provide timely communication, discussion and resolution of transitional problems should any occur.

(2) This MOU shall be adopted by the Texas Department of Mental Health and Mental Retardation, the Texas Department of Criminal Justice, the boards of trustees of community MHMR centers and local CSCDs. Subsequent to adoption, all parties to this memorandum shall annually review this memorandum and provide status reports to the Council. Amendments to this memorandum of understanding may be made at any time by mutual agreement of the parties.

(3) The Council will serve as the dispute resolution mechanism for conflicts concerning this MOU at both the local and statewide level.

Source Note: The provisions of this §411.62 adopted to be effective November 15, 1999, 24 TexReg 10091