Mental Health Issues in Texas Jails – State Issues Guidelines
The Texas Commission on Jail Standards (“TCJS”) issued a technical assistance memorandum on July 19, 2019. The technical assistance memorandum was addressed to all sheriffs and jail administrators in Texas, and it was from Brandon N. Wood, executive director of TCJS. The technical assistance memorandum related to local mental health authorities and county jails. Information in this post was obtained from that technical assistance memorandum.
The Health and Human Services Commission (“HHSC”) contracts with 39 Local Mental Health Authorities (LMHAs) which provide mental health services in every Texas county. LMHAs are required by HHSC to provide crisis response services for mental health issues if requested by a jail in the LMHA’s specific geographic area. This applies if an inmate is experiencing a mental health crisis. The request usually occurs when Texas county jail personnel calls the crisis hotline for the LMHA in that county.
Individuals experiencing a mental health crisis, as defined in the Texas Administrative Code, are those who (1) present an immediate danger to self or others; or (2) are at risk of serious deterioration of mental or physical health. Mental health crisis response services, including those described in the Texas Administrative Code, include:
- A crisis screening;
- A crisis assessment; and
- A recommendation about the level of care required to resolve the crisis situation.
LMHAs are also required to provide written reports with information about inmates suspected of having a mental illness or intellectual disability if court-ordered.
Each Texas county jail must have a written plan, approved by the TCJS, for inmate medical, mental, and dental services. Further, as provided in Texas minimum jail standards, it is each county jail’s responsibility to provide such services. Nevertheless, jails do not pay for mental health crisis response services. HHSC provides funding to LMHAs for the purpose of providing mental health crisis response services. Even so, jails can purchase additional services through contracts with the LMHA in their jurisdiction.
Jails can also obtain and pay for other services by signing a memorandum of understanding with an LMHA. Moreover, as a result of changes made by the 86th Legislature to the Code of Criminal Procedure, an expert can be ordered by a magistrate to interview inmates suspected of having a mental illness or disability, if the inmate had not been previously interviewed on or after the date the inmate was arrested for the offense for which the inmate is in custody. Commissioner’s courts are now required to reimburse the expert for the cost of performing the interview in accordance with an established fee schedule. Jails must also include any mental health records and screening reports when transferring an inmate to the Texas Department of Criminal Justice.
Dean Malone
Dean Malone