Competency Restoration

Outpatient Competency Restoration and Jail-based Competency Restoration services are designed for people with a mental health disorder or co-occurring psychiatric and substance use disorders who are found incompetent to stand trial and are court-ordered to participate in competency restoration treatment.

Outpatient Competency Restoration

Outpatient Competency Restoration are programs that provide community-based competency restoration services, which include mental health and substance use treatment services, as well as legal education for people found Incompetent to Stand Trial. In general, outpatient competency restoration programs are designed to:

  • Reduce the number of IST people with mental illness or co-occurring psychiatric and substance use disorders on the state mental health hospital clearinghouse waiting list for inpatient competency restoration services.
  • Increase prompt access to clinically appropriate outpatient competency restoration services for people determined to be IST who don't require the restrictiveness of a hospital setting.
  • Reduce the number of bed days in state mental health hospitals used by forensic patients from a contractor's local service area.

Statement of Work

The Statement of Work outlines the requirements of providing OCR services, such as goals of the program, the program design, data reporting and expenditure reporting.

Training

Forms

Statutes/Rules

Texas Code of Criminal Procedure, Chapter 46B, Incompetency to Stand Trial

Contacts

Jail-based Competency Restoration

Jail-based competency restoration provides services to people with mental health or co-occurring psychiatric and substance use disorders in jail. Services include behavioral health treatment services and competency education for people found incompetent to stand trial, consistent with other competency restoration services. HHSC is establishing a pilot program to operate a JBCR program; additionally, county entities can operate a JBCR program.

Statement of Work

The Statement of Work outlines the requirements of providing JBCR services, such as goals of the program, the program design, data reporting and expenditure reporting.

JBCR County-based program

The Code of Criminal Procedures (CCP), Chapter 46B, Article 46B.090, as amended by Senate Bill 1326, 85th Legislature, Regular Session, 2017 allows a county or counties to implement a JBCR program and requires HHSC to adopt rules as necessary to govern such development and implementation. S.B. 1326 specifies HHSC is responsible for contract monitoring and oversight, via the existing performance contracts, of a local mental health authority or local behavioral health authority contracting with a county to provide JBCR services. Additionally, HHSC is allowed to inspect any aspect of a county JBCR program.

Training

Statutes/Rules

Contact Mailbox

JBCR Pilot Program

Senate Bill 1326 extends the legislative directive requiring the Health and Human Services Commission to implement a Jail-based Competency Restoration Pilot Program, as originally required by S.B. 1475, 83rd Legislature, Regular Session, 2013.

Training

Forms

Statutes/Rules

Contact Mailbox