Jail Diversion Services

When someone is involved or at risk for involvement in the criminal justice system, or court ordered for treatment, jail diversion and competency restoration programs can help them get the services they need to stay in the community and take care of their health. Jail diversion services assist people who have been identified with a behavioral health need in accessing services that allow them to be diverted from jail into treatment or other alternatives to incarceration.

Court-Ordered Outpatient Mental Health Services

Court-ordered outpatient mental health services are provided to people who are court-ordered to undergo outpatient mental health treatment. The court determines that the person is at low risk of harm to self or others. People are placed by the court on a temporary or extended commitment for mental health services under Texas Health and Safety Code, Chapter 574 by the court system.

Who is eligible for court-ordered outpatient mental health services?

People ordered by a non-criminal court to receive outpatient mental health services.

How do I get court-ordered outpatient mental health services?

A judge may order someone to receive temporary Court-Ordered Outpatient Mental Health services not to exceed 90 days.

Jail Diversion Centers

Mental health jail diversion centers are designed to help people with serious mental health illness or who are experiencing a mental health crisis access treatment without going to jail. People get services from a team of professionals including doctors, nurses and mental health professionals. Diversion centers serve as an alternative location for law enforcement to drop off adults who are risk of arrest and do not need more intensive services.

What are the goals of diversion center services?

  • Divert people with behavioral health needs from jails;
  • Minimize law enforcement officer time related to incidents with people experiencing a behavioral health crisis;
  • Increase adherence to outpatient, recovery-oriented services and supports; and
  • Reduce recidivism of diversion center participants.

Who is eligible for diversion center services?

Eligibility is determined by the local mental health authority (LMHA) or local behavioral health authority (LBHA) operating the diversion center.

Adults, ages 18 or older:

  • With mental illness or who are experiencing a mental health crisis;
  • With or without a substance use disorder; and
  • With a risk of criminal justice involvement. 

How do I get diversion center services?

The use of a Diversion Center depends on the availability of the service in your area.

Contact your LMHA or LBHA for more information on diversion center services.

Jail-Based Competency Restoration

Jail-based competency restoration (JBCR) programs provide competency restoration services to adults deemed incompetent to stand trial (IST) pursuant to Chapter 46B of the Texas Code of Criminal Procedure. JBCR has services focused on training and educating a person charged with a crime but who is found IST. A treatment team works with the person to reduce symptoms of mental illness with medication management, nursing and counseling. The treatment team also provides legal education to help the person understand the charges and legal process.

What are the benefits of JBCR services?

  • Reduce the number of people found IST with mental illness or co-occurring psychiatric disorders, intellectual and developmental disabilities and substance use disorders on the state forensic waitlist for inpatient competency restoration services.
  • Increase prompt access to clinically appropriate competency restoration services for people determined to be IST who do not require a restrictive hospital setting.
  • Reduce the number of forensic bed days in state hospitals used by people found IST from an LMHA’s or LBHA’s local service area.

Who is eligible for JBCR services?

To be eligible for JBCR services, an adult must be found IST, be court-ordered to competency restoration services and JBCR services must be available in the jail.

How do I get referred to JBCR services?

A court must complete an order to competency restoration services for a person deemed IST. The use of a JBCR program depends on the availability of the service in your area.

Mental Health Deputy Programs

Mental health deputies (MHD) are peace officers who have additional specialized training in crisis intervention provided by the Texas Commission on Law Enforcement. MHDs help people experiencing a mental health crisis receive appropriate treatment. MHD programs work collaboratively with the community and the LMHA or LBHA crisis response team.

Who is eligible for MHD program services?

Any person, regardless of age, experiencing a mental health crisis in a county with a mental health deputy program may receive these services.

How do I get referred to MHD program services?

The use of a MHD program depends on the availability of the service in your area.

Outpatient Competency Restoration

Outpatient Competency Restoration (OCR) programs provide competency restoration services in the community to people found IST pursuant to Chapter 46B of the Texas Code of Criminal Procedure. OCR programs divert people from the jail setting and maximize community access to services provided by the LMHAs and LBHAs. OCR is an intensive court-ordered program for people who are IST. The program offers mental health services as an alternative to state hospital or JBCR treatment.

What are the benefits of OCR services?

  • Reduce the number of people found to be IST on the state forensic waitlist for inpatient competency restoration services.
  • Increase access to clinically appropriate competency restoration services for people determined to be IST who do not require a restrictive hospital setting.
  • Reduce the number of bed days in state hospitals used by people found IST from the LMHA’s or LBHA’s local service area.

Who Is eligible for OCR services?

Adults found IST who can be safely treated on an outpatient basis and the judge has determined are eligible for bond are eligible.

How do I get accepted to OCR services?

A person must be found IST, be screened for OCR services, and then OCR services must be available in the community.

The use of an OCR program depends on the availability of the service in your area.