2018 Racial Profiling Report 2018 Racial Profiling Report | Page 40

collaborative could establish or support resources or services to help local law enforcement agencies to divert persons who have been arrested to appropriate mental health care or substance abuse treatment .
( b ) The governing body of a county in which an entity that received a grant under Section 539.002 before September 1 , 2017 , is located is not required to develop a plan under Subsection ( a ).
( c ) Two or more counties , each with a population of less than 100,000 , may form a joint plan under Subsection ( a ). ARTICLE 3 . BAIL , PRETRIAL RELEASE , AND COUNTY JAIL STANDARDS SECTION 3.01 . The heading to Article 17.032 , Code of
Criminal Procedure , is amended to read as follows : Art . 17.032 . RELEASE ON PERSONAL BOND OF CERTAIN [ MENTALLY
ILL ] DEFENDANTS WITH MENTAL ILLNESS OR INTELLECTUAL DISABILITY . SECTION 3.02 . Articles 17.032 ( b ) and ( c ), Code of Criminal
Procedure , are amended to read as follows : ( b ) A magistrate shall release a defendant on personal bond unless good cause is shown otherwise if the : ( 1 ) defendant is not charged with and has not been previously convicted of a violent offense ;
( 2 ) defendant is examined by the local mental health or intellectual and developmental disability [ mental retardation ] authority or another mental health expert under Article 16.22 [ of this code ];
( 3 ) applicable expert , in a written assessment submitted to the magistrate under Article 16.22 :
( A ) concludes that the defendant has a mental illness or is a person with an intellectual disability [ mental retardation ] and is nonetheless competent to stand trial ; and
( B ) recommends mental health treatment or intellectual disability treatment for the defendant , as applicable ; and