Relating to inpatient competency restoration services.
Summary
SB 528 creates a new Chapter 580 in the Health and Safety Code to regulate facilities that contract with the Health and Human Services Commission to provide inpatient competency restoration services for people found incompetent to stand trial under Chapter 46B, Code of Criminal Procedure. The bill requires the executive commissioner to adopt rules requiring each covered facility to enter into a memorandum of understanding with the county and municipality where the facility is located, as well as the relevant local mental health or behavioral health authority, to define the parties’ responsibilities for these services.
The bill also establishes a reporting framework. Covered facilities must submit annual data to HHSC on the number of individuals served, the number restored to competency, average length of stay, how many required treatment extensions, how many were transferred when restoration was not achieved, and the time between a non-restoration determination and transfer. HHSC must then provide an annual report to the Legislature beginning August 1, 2027, including facility performance evaluations, aggregated demographic and offense data, countries of origin, diagnoses when applicable, and a cost comparison with state hospital forensic restoration and other commission-managed programs.
Impact
SB 528 adds new statutory oversight requirements for inpatient competency restoration providers and expands HHSC’s reporting duties. It affects facilities that contract or subcontract with HHSC to provide these services, and it indirectly affects counties, municipalities, and local mental health or behavioral health authorities by requiring formal memoranda of understanding. The bill does not change the underlying criminal procedure standards for competency restoration, but it does create new administrative obligations, data collection requirements, and legislative oversight of costs and outcomes.
Sentiment
The bill appears to have broad bipartisan support and little visible opposition. It passed the Senate 31-0, the House 145-0 with two members present not voting, and the Senate later concurred in the House amendment unanimously. The lack of recorded dissent suggests the measure was viewed as a technical or oversight-oriented bill rather than a controversial policy change.
Contention
No committee testimony or floor debate is provided, and the voting record shows no recorded opposition. The main policy choices embedded in the bill are the scope of required reporting, the inclusion of demographic and country-of-origin data, and the requirement for local memoranda of understanding. If there were concerns, they would likely center on administrative burden for facilities, privacy or sensitivity of demographic reporting, and the use of performance and cost comparisons, but none of those concerns are reflected in the available record.
Relating to the period for transporting a criminal defendant who is found incompetent to stand trial to a facility for competency restoration services and to the compensation to the county for the costs of confinement occurring after that period.
Relating to the confinement in a county jail of certain defendants who are incompetent to stand trial and to the compensation to the county for the costs of that confinement and of the provision of jail-based competency restoration services.
Requiring outpatient competency evaluations in certain circumstances and requiring the court to make specific findings for inpatient competency evaluations.