For the purpose of establishing a continuity of care system
for offenders with mental impairments, elderly, physically disabled,
terminally ill, or significantly ill, the Texas Correctional Office
on Offenders with Medical and Mental Impairments (TCOOMMI) and the
Texas Commission on Law Enforcement (TCOLE) and the Texas Commission
on Jail Standards (TCJS) agree to the following Memorandum of Understanding.
(1) Authority and Purpose. Senate Bill 252, Acts 1993,
73rd Legislature, Chapter 488, 1, codified as Texas Health and Safety
Code, §614.013, authorizes TCOOMMI and TCOLE and the TCJS to
establish a written Memorandum of Understanding that identifies methods
for:
(A) identifying offenders in the criminal justice system
who are mentally impaired, elderly, physically disabled, terminally
ill, or significantly ill;
(B) developing procedures for the exchange of information
relating to offenders who are mentally impaired, elderly, physically
disabled, terminally ill, or significantly ill by the TCOOMMI, TCOLE,
and the TCJS for use in the continuity of care and services program;
and
(C) adopting rules and standards that assist in the
development of a continuity of care and services program for offenders
who are mentally impaired, elderly, physically disabled, terminally
ill, or significantly ill.
(2) All entities agree to the extent possible to:
(A) enter into a Memorandum of Understanding fulfilling
the statutory requirements and purposes of Texas Health and Safety
Code, §614.013, as set forth in this section;
(B) seek a statutory change in current statutes to
allow for the exchange of information (including electronic) about
offenders with special needs without consent of the individuals involved
for the purpose of providing or coordinating services among the entities;
(C) develop a system that provides for timely identification
of offenders with special needs who come into contact with law enforcement
or jail personnel;
(D) submit a list of contact staff to the TCOOMMI who
are responsible for responding to referrals and/or issues regarding
persons with special needs;
(E) distribute relevant training seminar and/or educational
information towards improving each agency's knowledge and understanding
of the identification and management of offenders with special needs;
(F) develop and implement a standardized release of
information form that can facilitate the exchange of client information;
(G) inform the 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;
(H) provide ongoing status reports to TCOOMMI on the
implementation of initiatives outlined in this Memorandum of Understanding;
and
(I) provide opportunities for cross-training for each
other's staff.
(3) TCOOMMI shall:
(A) provide technical assistance toward the development
of improved medical and psychiatric screening standards;
(B) provide training and technical assistance to state
or local law enforcement or jails on enhancing identification and
management strategies for offenders with special needs;
(C) develop a statewide directory of contact staff
for distribution to state and local law enforcement and jail personnel;
(D) monitor and coordinate the implementation of the
activities of this Memorandum of Understanding;
(E) provide reports to the Legislature on the status
of implementation of activities; and
(F) participate in any relevant research or studies
relevant to offenders with special needs who come into contact with
law enforcement or who are incarcerated in county jails.
(4) TCOLE shall:
(A) develop and publish a mental health officer training
inservice curriculum to train law enforcement officers and county
jailers;
(B) establish a Mental Health Officer Certification
Program; and
(C) develop and publish an inservice training course
for law enforcement officers and county jailers that is concerned
with individuals with special needs.
(5) TCJS shall:
(A) develop mental health standards which address training
needs, identification, communication, housing, supervision and referrals;
and
(B) provide technical assistance for local jails on
management strategies for offenders with special needs.
(6) Review and Monitoring.
(A) TCOOMMI, TCOLE, and TCJS 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.
(B) This Memorandum of Understanding shall be adopted
by TCOOMMI, TCOLE, and TCJS. Subsequent to adoption, all parties to
this memorandum shall annually review this memorandum and provide
status reports to TCOOMMI. Amendments to this Memorandum of Understanding
may be made at any time by mutual agreement to the parties.
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| Source Note: The provisions of this §273.8 adopted to be effective June 25, 2000, 25 TexReg 5917; amended to be effective January 1, 2014, 38 TexReg 9626; amended to be effective December 22, 2020, 45 TexReg 9231 |
