TITLE 37.PUBLIC SAFETY AND CORRECTIONS

Part 6. TEXAS DEPARTMENT OF CRIMINAL JUSTICE

Chapter 159. SPECIAL PROGRAMS

37 TAC §159.3

The Texas Board of Criminal Justice proposes amendments to §159.3 Continuity of Care System for Offenders with Mental Impairments/Memorandum of Understanding. The purpose of the amendments is to clarify the Memorandum of Understanding between the Texas Department of Criminal Justice (TDCJ), the Department of State Health Services (DSHS), local Mental Health/Mental Retardation Authorities, and the Community Supervision and Corrections Departments (CSCDs) concerning a continuity of care system for offenders with mental illness or mental retardation.

Brad Livingston, Executive Director and Chief Financial Officer for TDCJ, has determined that for the first five years the rule will be in effect, enforcing or administering the rule does not have foreseeable implications related to costs or revenues for state or local government. Mr. Livingston has also determined that there will be no economic impact on persons required to comply with the rule. There will be no effect on small and micro-businesses. The anticipated public benefit as a result of enforcing the rule will be to enhance public safety.

Comments should be directed to Carl Reynolds, General Counsel, Texas Department of Criminal Justice, P.O. Box 13084, Austin, Texas 78711, Carl.Reynolds@tdcj.state.tx.us. Written comments from the general public should be received within 30 days of the publication of this proposal.

The revisions are proposed under Texas Health and Safety Code, §614.013.

Cross Reference to Statutes: Texas Health and Safety Code, §614.013.

§159.3.Continuity of Care System for Offenders with Mental Impairments/Memorandum of Understanding.

(a) The Texas Department of Criminal Justice (TDCJ) adopts a memorandum of understanding (MOU) between the Texas Department of Criminal Justice, the [ Texas Health and Human Services Commission ] Department of State Health Services (DSHS) , [ Community Mental Health/Mental Retardation Authorities/Centers, ] and Community Supervision and Corrections Departments concerning a continuity of care system for offenders with mental illness or mental retardation, as required by Texas Health and Safety Code, §614.013.

(b) Copies of the MOU are filed in offices of the Texas Correctional Office on Offenders with Mental Impairments, 8610 Shoal Creek Boulevard, Austin, Texas 78757, and may be reviewed during regular business hours.

Figure: 37 TAC §159.3(b)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on April 1, 2005.

TRD-200501382

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Earliest possible date of adoption: May 15, 2005

For further information, please call: (512) 463-0422