37 Tex. Admin. Code § 273.8 - Memorandum of Understanding
For the purpose of establishing a continuity of care system for offenders with mental impairments, elderly, physically disabled, terminally ill, or significantly ill, the Texas Correctional Office on Offenders with Medical and Mental Impairments (TCOOMMI) and the Texas Commission on Law Enforcement (TCOLE) and the Texas Commission on Jail Standards (TCJS) agree to the following Memorandum of Understanding.
(1) Authority and Purpose. Senate Bill 252,
Acts 1993, 73rd Legislature, Chapter 488, 1, codified as Texas Health and
Safety Code, §
614.013,
authorizes TCOOMMI and TCOLE and the TCJS to establish a written Memorandum of
Understanding that identifies methods for:
(A)
identifying offenders in the criminal justice system who are mentally impaired,
elderly, physically disabled, terminally ill, or significantly ill;
(B) developing procedures for the exchange of
information relating to offenders who are mentally impaired, elderly,
physically disabled, terminally ill, or significantly ill by the TCOOMMI,
TCOLE, and the TCJS for use in the continuity of care and services program;
and
(C) adopting rules and
standards that assist in the development of a continuity of care and services
program for offenders who are mentally impaired, elderly, physically disabled,
terminally ill, or significantly ill.
(2) All entities agree to the extent possible
to:
(A) enter into a Memorandum of
Understanding fulfilling the statutory requirements and purposes of Texas
Health and Safety Code, §
614.013, as
set forth in this section;
(B) seek
a statutory change in current statutes to allow for the exchange of information
(including electronic) about offenders with special needs without consent of
the individuals involved for the purpose of providing or coordinating services
among the entities;
(C) develop a
system that provides for timely identification of offenders with special needs
who come into contact with law enforcement or jail personnel;
(D) submit a list of contact staff to the
TCOOMMI who are responsible for responding to referrals and/or issues regarding
persons with special needs;
(E)
distribute relevant training seminar and/or educational information towards
improving each agency's knowledge and understanding of the identification and
management of offenders with special needs;
(F) develop and implement a standardized
release of information form that can facilitate the exchange of client
information;
(G) inform the other
of any proposed rule or standards changes which could affect the continuity of
care system. Each agency shall be afforded 30 days after receipt of proposed
change(s) to respond to the recommendations prior to the adoption;
(H) provide ongoing status reports to TCOOMMI
on the implementation of initiatives outlined in this Memorandum of
Understanding; and
(I) provide
opportunities for cross-training for each other's staff.
(3) TCOOMMI shall:
(A) provide technical assistance toward the
development of improved medical and psychiatric screening standards;
(B) provide training and technical assistance
to state or local law enforcement or jails on enhancing identification and
management strategies for offenders with special needs;
(C) develop a statewide directory of contact
staff for distribution to state and local law enforcement and jail
personnel;
(D) monitor and
coordinate the implementation of the activities of this Memorandum of
Understanding;
(E) provide reports
to the Legislature on the status of implementation of activities; and
(F) participate in any relevant research or
studies relevant to offenders with special needs who come into contact with law
enforcement or who are incarcerated in county jails.
(4) TCOLE shall:
(A) develop and publish a mental health
officer training in service curriculum to train law enforcement officers and
county jailers;
(B) establish a
Mental Health Officer Certification Program; and
(C) develop and publish an inservice training
course for law enforcement officers and county jailers that is concerned with
individuals with special needs.
(5) TCJS shall:
(A) develop mental health standards which
address training needs, identification, communication, housing, supervision and
referrals; and
(B) provide
technical assistance for local jails on management strategies for offenders
with special needs.
(6)
Review and Monitoring.
(A) TCOOMMI, TCOLE, and
TCJS shall jointly monitor implementation of the continuity of care system as
outlined in this Memorandum of Understanding. The intent of all agencies is to
provide timely communication, discussion and resolution of transitional
problems should any occur.
(B) This
Memorandum of Understanding shall be adopted by TCOOMMI, TCOLE, and TCJS.
Subsequent to adoption, all parties to this memorandum shall annually review
this memorandum and provide status reports to TCOOMMI. Amendments to this
Memorandum of Understanding may be made at any time by mutual agreement to the
parties.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.