SECTION 307.127. Preparation for Discharge from a JBCR Program

(a) At any time an individual is restored to competency, the psychiatrist or psychologist must collaborate with provider staff members to coordinate the individual's continued services and supports after discharge from the JBCR program to:

(1) the county jail;

(2) the LMHA;

(3) the LBHA;

(4) the LIDDA; or

(5) another mental health provider.

(b) If the individual is charged with a misdemeanor or felony and the individual is unlikely to be restored to competency in the foreseeable future, the psychiatrist or psychologist must collaborate with provider staff members to coordinate the individual's continued services and supports after discharge from the JBCR program to:

(1) a mental health facility;

(2) a residential care facility;

(3) the LMHA;

(4) the LBHA;

(5) the LIDDA;

(6) another mental health provider; or

(7) the care of a responsible person.

(c) If an individual is not restored to competency by the 60th day, the psychiatrist or psychologist must, if the individual is charged with:

(1) a felony, coordinate with provider staff members to link the individual for continued services and supports post discharge from the JBCR program to:

(A) a mental health facility; or

(B) residential care facility; or

(2) a misdemeanor, coordinate with provider staff members to link the individual for continued services and supports post discharge from the JBCR program to:

(A) the county jail,

(B) a mental health facility;

(C) a residential care facility;

(D) the LMHA;

(E) the LBHA;

(F) the LIDDA; or

(G) another mental health provider.

Source Note: The provisions of this §307.127 adopted to be effective August 6, 2018, 43 TexReg 5091; transferred effective February 15, 2020, as published in the Texas Register January 17, 2020, 45 TexReg 470