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CHAPTER 23A-50

MENTAL HEALTH PROCEDURES IN CRIMINAL JUSTICE

23A-50-1      Definitions.
23A-50-2      Crisis services grant program.
23A-50-3      Report on mental health conditions of bond.
23A-50-4      Report on mental health court referrals and requirements.
23A-50-5      Fund for assisting counties with cost of court-ordered competency evaluations of defendants.
23A-50-6      Appointment of mental health response teams--Confidentiality of records.
23A-50-7      Establishment of mental health response team processes.
23A-50-8      Report regarding mental health response teams.
23A-50-9      Rules on team formation and procedures.
23A-50-10      Rules regarding procedures for court-appointed defense attorney training.
23A-50-11      List of services available through community mental health system.
23A-50-12      Oversight council established.
23A-50-13      Membership of oversight council.
23A-50-14      Meetings of oversight council--Powers and duties.


     23A-50-1.   Definitions. Terms used in this chapter and §§ 23A-10A-17, 23A-46-1, and 24-11-55 to 24-11-59, inclusive, mean:
             (1)      "Mental health response team," a support team tasked with finding viable community resources to help persons with severe mental illness involved in the court system;
             (2)      "Mental health screening tool," a brief, routine process using a standardized instrument that has been validated with offender populations to identify indicators of mental health issues that is used to determine a need for further mental health assessment or evaluation;
             (3)      "Oversight council," the council established by § 23A-50-12;
             (4)      "Performance measure," a metric that captures performance on critical variables central to accomplishing the mission and goals within this chapter;
             (5)      "Psychiatric certification," a credential obtained by passing the psychiatric-mental health nursing board certification through the American Nurses Credentialing Center;
             (6)      "Telehealth," a mode of delivering healthcare services that utilizes information and communication technologies to enable the diagnosis, consultation, treatment, education, care management, and self-management of patients at a distance from health care providers.

Source: SL 2017, ch 109, § 1.


     23A-50-2.   Crisis services grant program. The Department of Social Services shall create a crisis services grant program to any municipality, county, or groups of counties for the purposes of encouraging the establishment of new crisis response services or the expansion of existing crisis response services. The grant program shall be in existence until the grant program funding is exhausted. The department shall collect data on the number of applications for the grant program, the number and percentage of applications accepted, the amount awarded to each grantee, and the location, purpose, and population served by the crisis response services. The department shall report this information semiannually to the oversight council until the program ends.

Source: SL 2017, ch 109, § 7.


     23A-50-3.   Report on mental health conditions of bond. The Unified Judicial System shall collect and report to the oversight council the number and percent of defendants for whom mental health assessment and mental health treatment is required as a condition of bond, and the number and percent of those with assessment and treatment as a condition of bond who comply with conditions.

Source: SL 2017, ch 109, § 13.


     23A-50-4.   (Text of section effective July 1, 2018) Report on mental health court referrals and requirements. The Unified Judicial System shall report semiannually to the oversight council the number of persons referred to any mental health court, the number and the percentage admitted to any mental health court, the number and the percentage of those admitted who complete mental health court requirements, and the number and the percentage of persons convicted of a new crime within one to three years of completing mental health court requirements.

Source: SL 2017, ch 109, § 14, eff. July 1, 2018.


     23A-50-5.   Fund for assisting counties with cost of court-ordered competency evaluations of defendants. The Association of County Commissioners, formed pursuant to § 7-7-28, may create and administer a fund for the purpose of assisting counties with the cost of competency evaluations for defendants for whom an evaluation has been ordered by the court. The Department of Social Services may contract with the association to reallocate funds used at the Human Services Center on contractual services for forensic evaluations to be administered through this fund. The fund may also receive and distribute money from any other source. The association board of directors shall provide procedures for the equitable distribution of money from this fund to the counties utilizing court-ordered competency evaluations and provide for the payment of an administrative fee and other reasonable expenses related to the administration of the fund. The association shall report to the oversight council the amount distributed annually in total and by county and the number of competency evaluations completed with funds from the program. The liability of the association related to the administration of this fund shall be limited to the money as is available for such purposes in the fund.

Source: SL 2017, ch 109, § 15.


     23A-50-6.   Appointment of mental health response teams--Confidentiality of records. The presiding judge of each judicial circuit may appoint one or more mental health response teams. Each team appointed shall include a court services officer for the jurisdiction where the team is to operate, a mental health provider, and a member of law enforcement and may also include a representative that works with jail administration and one or more representatives from the public. The Unified Judicial System shall maintain a record of the membership of each team and report nonidentifying data to the oversight council. The team may operate telephonically or through electronic communications.
     The records prepared or maintained by the team are confidential. Notwithstanding, the records may be inspected by or disclosed to justices, judges, magistrates, and employees of the Unified Judicial System in the course of their duties or to any person specifically authorized by order of the court.

Source: SL 2017, ch 109, § 21.


     23A-50-7.   Establishment of mental health response team processes. The mental health response team may establish a process for identifying eligible persons through assessment; a documented process for referral to treatment; a team approach to the development and modification of individualized treatment plans and ongoing coordination to ensure plan effectiveness; a process for information sharing among the team members; and planning and coordination, including referrals for nonmental health services and resources.

Source: SL 2017, ch 109, § 22.


     23A-50-8.   Report regarding mental health response teams. The Unified Judicial System shall collect and report to the oversight council the name of any circuits that establish mental health response teams, the number of persons meeting the mental health response team criteria, and the number and the percentage of persons meeting the criteria who are released from jail pretrial and referred for mental health assessment or treatment.

Source: SL 2017, ch 109, § 23.


     23A-50-9.   Rules on team formation and procedures. The Supreme Court may establish rules, pursuant to § 16-3-1, regarding formation of a mental health response team and the procedures to be followed by the team.

Source: SL 2017, ch 109, § 24.


     23A-50-10.   (Text of section effective July 1, 2018) Rules regarding procedures for court-appointed defense attorney training. The Supreme Court may establish rules, pursuant to § 16-3-1, regarding procedures for court-appointed defense attorney training on mental illness.

Source: SL 2017, ch 109, § 26, eff. July 1, 2018.


     23A-50-11.   List of services available through community mental health system. The Department of Social Services shall annually compile a list of services available through the community mental health system and eligibility criteria for each service to distribute to judges, court services officers, and jails. The department shall coordinate with the Unified Judicial System and sheriffs to disseminate this information.

Source: SL 2017, ch 109, § 31.


     23A-50-12.   Oversight council established. There is hereby established an oversight council responsible for monitoring and reporting performance and outcome measures related to the provisions set forth in this chapter and §§ 24-11-55, 24-11-58, 23A-10A-17, and 24-11-58. The Unified Judicial System shall provide staff support for the council.

Source: SL 2017, ch 109, § 33, eff. Mar. 15, 2017.


     23A-50-13.   Membership of oversight council. The oversight council shall be composed of fourteen members. The Governor shall appoint the following four members: a member from the Department of Social Services; a member from law enforcement; a member from a mental health provider; and one at-large member. The Chief Justice shall appoint the following four members: a member who is a criminal defense attorney; a member who is a judge; one member who is a county commissioner; and one at-large member. The majority leader of the Senate shall appoint two senators, one from each political party. The majority leader of the House of Representatives shall appoint two representatives, one from each political party. The attorney general shall appoint two members, one of whom shall be a state's attorney.

Source: SL 2017, ch 109, § 34, eff. Mar. 15, 2017.


     23A-50-14.   Meetings of oversight council--Powers and duties. The oversight council shall meet within ninety days after appointment and shall meet at least semiannually thereafter. The oversight council terminates five years after its first meeting, unless the Legislature, by Joint Resolution, continues the oversight council for a specified period of time.
     The oversight council has the following powers and duties:
             (1)      Review the recommendations of the task force on community justice and mental illness early intervention from the final report dated November 2016 and track implementation and evaluate compliance with SL 2017, chapter 109;
             (2)      Review data and reporting required by SL 2017, chapter 109;
             (3)      Review compliance with the training required by SL 2017, chapter 109;
             (4)      Calculate costs averted by the provisions in SL 2017, chapter 109;
             (5)      Establish a statewide crisis intervention training review team. The review team shall analyze and make recommendations to the oversight council on the ongoing need for a crisis intervention training coordinator to provide training and technical assistance to cities, counties, or regions across the state; build local capacity for crisis intervention; and expand the number of crisis intervention trained law enforcement officers. The crisis intervention training review team shall collect and report semiannually to the oversight council data on the number of requests for assistance from the crisis intervention training coordinator, the names of the agencies submitting the requests for assistance, the number of requests granted, the number of law enforcement officers trained, and training adherence to the Memphis crisis intervention team model or other evidence-based model. The crisis intervention review team shall, upon completion of the first year of the crisis intervention training coordinator funding, make a recommendation to the oversight council as to the continued funding of the crisis intervention training coordinator. The review team shall terminate upon the recommendation of the oversight council;
             (6)      Review the recommendations of the crisis intervention team training review team;
             (7)      Review the crisis response grants distributed pursuant to § 23A-50-2;
             (8)      Review the Division of Criminal Investigation's development of training on mental illness;
             (9)      Evaluate the need for and feasibility of a statewide crisis call center or regional call centers for persons in crisis;
             (10)      Track progress and make recommendations to improve the implementation of mental health screenings in jails pursuant to §§ 24-11-55 to 24-11-58, inclusive;
             (11)      Establish a work group to make recommendations to the council to create a process for the completion of a mental health assessment following a jail mental health screening. The work group shall estimate the cost of assessments needed following screening at the time of jail intake, using data from the jail mental health screening pilot program; examine payment options including cost-sharing between state and counties; determine improvements to information sharing between jails and mental health providers; and consider whether an individual with a screening indicating the need for assessment has a pre-existing relationship with a mental health provider;
             (12)      Review the payments to counties for mental competency examinations and reports pursuant to § 23A-50-5;
             (13)      Evaluate the need for and feasibility of forensic assertive community treatment teams;
             (14)      Establish a work group that includes representatives from sheriffs, jail administrators, jail mental health staff providers, and community mental health providers to make recommendations to the council to improve information sharing among jails and mental health providers and improve coordination among jails and mental health providers to refer persons released from jail to mental health services;
             (15)      Monitor the competency evaluation funding program;
             (16)      Study and make recommendations to improve the recruitment and retention of mental health professionals;
             (17)      Study and make recommendations to expand access to mental health services for criminal justice populations;
             (18)      Evaluate the need for and feasibility and cost effectiveness of telehealth options for jail mental health assessments, consultations for law enforcement officers who encounter persons in crisis, crisis response during law enforcement encounters with persons in crisis, mental health services for persons on probation, and mental health services for persons in jail;
             (19)      Make recommendations to the Governor and Legislature regarding pilot programs for needed and feasible telehealth options to provide mental health services to persons with mental illness in the criminal justice system; and
             (20)      Prepare and submit an annual summary report of the performance and outcome measures that are part of SL 2017, chapter 109 to the Legislature, Governor, and Chief Justice. The report shall include recommendations for improvements and a summary of savings generated from SL 2017, chapter 109.

Source: SL 2017, ch 109, § 35, eff. Mar. 15, 2017.


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