Texas House Bill HB 2227

Texas 2025 - 89th Regular

• Filed: 1/29/25

Caption

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.

Summary

HB 2227 would require the Health and Human Services Commission to take custody of a criminal defendant found incompetent to stand trial within 21 days after the court signs an order of commitment for competency restoration services. The bill applies to defendants awaiting transfer to a state-operated or state-contracted mental health facility and sets a clear deadline for the transfer process. If the commission misses that 21-day deadline, it must do two things until the defendant is transferred: conduct an in-person health evaluation at least once each week and reimburse the county for the cost of keeping the defendant in jail after the deadline passes. The reimbursement must equal the amount the commission would have spent to confine the defendant during that period. The bill applies to commitment orders issued before, on, or after the effective date, and for people already waiting in jail when the law takes effect, the 21-day clock starts on September 1, 2025.

Impact

The bill amends Chapter 46B of the Texas Code of Criminal Procedure by adding Article 46B.0753, creating a statutory transfer deadline and a county compensation mechanism for delayed competency-restoration placements. It shifts financial responsibility from counties to the commission for post-deadline jail confinement and imposes an ongoing monitoring duty when timely transfer does not occur. The change affects defendants found incompetent to stand trial, county jails, and the Health and Human Services Commission, and it is designed to address delays in access to mental health restoration beds or facilities.

Sentiment

Based on the bill text and available legislative context, the measure appears to be framed as a practical administrative and public-health response to delays in transferring incompetent defendants to treatment. There are no recorded committee transcripts or votes in the provided material, so no direct opposition or support statements are available. The bill’s structure suggests an intent to improve accountability and reduce the burden on counties while ensuring defendants are monitored while awaiting transfer.

Contention

The main potential point of contention is the cost and operational burden placed on the Health and Human Services Commission, which would be required to meet a firm 21-day transfer deadline or pay counties for continued jail confinement. Counties are likely to support the reimbursement provision because it shifts confinement costs away from local governments, while the state may be concerned about funding, bed availability, and the feasibility of meeting the deadline. Another possible issue is whether weekly in-person evaluations are sufficient protection for defendants who remain in jail beyond the statutory period.