TCJS Updates Directives Related to Mental Health Referrals for Prisoners
The Texas Commission on Jail Standards (TCJS) sent a January 23, 2018, memorandum to all sheriffs and jail administrators in Texas to clarify proper mental health referral procedures for prisoners. There has been some confusion created by SB 1326 and SB 1849, both of which are amendments to the Code of Criminal Procedure 16.22.
Both SB 1326 and SB 1849 require that a magistrate be notified by the jailer or sheriff within 12 hours when there is credible information indicating that a defendant has a mental illness or an intellectual disability. SB 1849 makes no specification of a misdemeanor class of the individual. SB 1326, however, requires that the magistrate only be notified if the defendant has an alleged Class B misdemeanor or higher. In addition, TCJS concluded that jail staff is not required to notify a magistrate of such individuals who were arrested for Class C misdemeanor offenses. Furthermore, the Commission will not find a jail to be in non-compliance for failing to refer Class C alleged offenders.
The Office of Court Administration was consulted, to address the confusion caused by the conflicting legislation. It was determined that the best practice is to refer every such individual, regardless of the level of crime alleged. This will simplify the booking process. It also reduces the likelihood of failing to make appropriate referrals, since jailers do not have to be concerned about the misdemeanor class the prisoner has been charged with. This will help to ensure that a magistrate is notified of arrestees suspected of intellectual disability or mental illness.
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–Guest Contributor
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