Mental Health
This page is designed to provide magistrates, municipal judges, court administrators, clerks, prosecutors, juvenile case managers, bailiffs, warrant officers, and other court support personnel with resources related to mental health. According to the Department of Justice, 75 percent of female inmates and nearly 63 percent of male inmates in local jails have a mental health problem (Bureau of Justice Statistics, Special Report, Mental Health Problems of Prison and Jail Inmates, September 2006). Before arriving in the criminal justice system, these individuals have frequently fallen through the “safety net” of families, hospitals, and community-based treatment providers. (Denckla, Derek & Berman, Greg, Rethinking the Revolving Door, A Look at Mental Illness in the Courts, Center for Court Innovation, 2001). Once they reach the courts, defendants with mental illness pose significant challenges for the courts.
Local, State, and National efforts have been underway as the concern grows for defendants with mental illness in the criminal justice system. Municipal courts not only see the highest volume of defendants in the Texas criminal justice system, but also have jurisdiction over the offenses most likely to be manifestations of mental illness and co-occurring disorders (mental illness and substance abuse).
TMCEC is pleased to offer its third Mental Health Summit on August 12-14, 2020. This event is a synchronous educational event hosted on a virtual conference platform. It will consist of 10 hours of live content spread across 3 days. Register online or click here for the registration form. Check out the agenda to see the all-star line-up of presenters. Register today!
Selected Mental Health Bills from the 86th Legislative Session
H.B. 601 Mental Illness and Intellectual Disability Reporting
H.B. 2737 Judicial Guidance Related to Child Protective Service (CPS) and Juvenile Cases
S.B. 362 Court-Ordered Mental Health Services
For a list of Mental Health and IDD Bills organized by Sequential Intercept, click on this document created by the Judicial Commission on Mental Health: JCMH 86th Texas Legislative Summary.
Selected Mental Health Bills from the 85th Legislative Session
H.B. 13 Matching Grant Program Supporting Community Mental Health Services
S.B. 292 Creation of Grant Program to Reduce Recidivism, Arrest, and Incarceration of Individuals with Mental Illness
S.B. 344 Transportation of Person with Mental Illness Apprehended for Dangerous Behavior
S.B. 1326 Duties of Magistrate and Law Enforcement Related to Persons with Mental Illness
S.B. 1849 Interactions Between Law Enforcement and the Arrested or Confined (Sandra Bland Act)
Publications
Municipal Courts: An Effective Tool for Diverting People with Mental and Substance Use Disorders from the Criminal Justice System (Report prepared for the Substance Abuse and Mental Health Services Administration (SAMHSA) by Policy Research Associates, Inc.)
Texas Juvenile Mental Health Courts: An Evaluation and Blueprint for the Future, Children At Risk, prepared for the Meadows Foundation
A Community Support Guide for Alternatives to Inpatient Mental Health Treatment (DSHS)
Basic Access to Behavioral Health Services (DSHS Flowchart)
The Leading Change Guide (National Center for State Courts) for judges and court leaders is intended for court professionals who want to create change in how mental health needs are addressed in their communities but aren't sure how to get started. It lays out the steps for beginning the movement toward change in the court and community's response to mental health and co-occurring disorders—from inviting stakeholders to the first meeting to sustaining the initial momentum for long-term progress. It includes a list of potential stakeholders, action step checklists, sample meeting agendas, assessment questions.
State Courts’ Responsibility to Convene, Collaborate and Identify Individuals Across Systems (National Center for State Courts) This is an article from NCSC's 2020 Trends in State Courts.Collaborative efforts among justice, mental-health, and public-health systems are essential to respond to individuals who frequently cycle through systems. Court leaders are well positioned to convene stakeholders to implement effective responses to reduce the negative impacts on the nation’s courts.
The Recorder (August 2020 Issue). This issue of TMCEC's journal features multiple articles and resources related to mental health, including a feature article on Class C misdemeanors and mental health procedures.
TMCEC Webinars
For mental-health-related webinars, go to the TMCEC Online Learning Center and search "mental health."
Forms
TMCEC Forms Book, 2020 Edition: Forms Related to Mental Health
Application for Emergency Detention
Order for Issuance of Mental Health Warrant
Mental Health Warrant for Emergency Detention
Magistrate's Order for Mental Illness/Intellectual Disability Exam
Mental Illness Assessment Notification
Order into Custody for Mental Illness/Intellectual Disability Exam
Warrant for Mental Illness/Intellectual Disability Exam - Person Failing to Submit Voluntarily
Release: Personal Bond - Certain Defendants with Mental Illness or Intellectual Disability
2016 TMCEC Mental Health Summit: Session Recordings
Stepping Up: National and Texas Momentum to Reduce the Number of Mentally Ill Persons in Jail
Dr. Tony Fabelo, Director of Research, Council of State Governments, Justice Center and Senior Fellow, Meadows Mental Health Policy Institute of Texas
Gilbert Gonzales, Director of Mental Health Department, Bexar County
Mike Lozito, Director of Judicial Services, Bexar County
B.J. Wagner, Director of Smart Justice, Meadows Mental Health Policy Institute
Fundamentals of Mental Illness: Understanding Mental Health Issues and Their Impact on Court Proceedings
Dr. Stephen Thorne, Clinical Psychologist, Austin
Realities and Myths of Cases with Mentally Ill Defendants
Honorable Chad Schmucker, President, National Judicial College
Developing Criminal Justice-Mental Health Partnerships
Travis Parker, Senior Project Associate II, Policy Research Associates, Inc.
Crisis Intervention Teams
James Turner,Senior Police Officer, Crisis Intervention Team, Austin Police Department
Magistrate Decision-Making in Cases Involving Mental Health Issues: Duties, Liabilities, and Authorities
Honorable Robin Ramsay, Presiding Judge, City of Denton
Community Strategies for Responding to Individuals with Mental Illness
Alyse Ferguson, Attorney Director, Collin County Mental Health Managed Counsel Program
Identifying, Screening, and Assessing Individuals with Co-Occurring Disorders in Municipal Courts
Erin Holmes, Director, Traffic Safety Programs, Foundation for Advancing Alcohol Responsibility
Jennifer Sowinski, Clinical Supervisor, Austin Downtown Community Court
Make the Connection: Mental Health Services and Support
Dr. Erin M. Foley, Forensic Director, Department of State Health Services
Dr. Courtney Harvey, Manager, Crisis Services and Client Rights Department, Department of State Health Services
In Our Own Voice
A presentation by the National Alliance on Mental Illness - Austin Affiliate (NAMI Austin)
Agencies
Judicial Commission on Mental Health
Office of Court Administration (OCA)
Mental Health Training Materials
- New Jail Screening and Mental Health Procedures
- Competency Restoration Flowchart
- Screening Assessment Flowchart
- Mental Illness Magistrate Assessment Form
- Guide for Addressing the Needs of Persons with Mental Illness in the Court System
- S.B. 1326 Reporting Guidance and Updated Reporting Instructions
Texas Department of Health and Human Services (HHSC)
Local Mental Health Authorities
National Alliance on Mental Illness (NAMI)
The Council of State Governments Justice Center
Foundation for Advancing Alcohol Responsibility (FARR), Computerized Assessment and Referral System (CARS), an assessment project addressing co-occurring mental health and substance abuse disorders
- NEW! CARS is now available to any interested court free of cost. Go to the web portal: www.carstrainingcenter.org. Register and follow the download instructions. Training materials are also available within the web portal.
GAINS Center for Behavioral Health and Justice Transformation (SAMHSA)
- Sequential Intercept Model (SIM)
- SIM Workshops for Communities
Texas Version of the SIM (developed by the JCMH)
