or other proceedings affecting the defendant ' s receipt of appropriate court-ordered mental health or intellectual disability [ mental retardation ] services , including proceedings related to the defendant ' s receipt of outpatient mental health services under Section 574.034 , Health and Safety Code ; or
( 3 ) consider the written assessment during the punishment phase after a conviction of the offense for which the defendant was arrested , as part of a presentence investigation report , or in connection with the impositions of conditions following placement on community supervision , including deferred adjudication community supervision .
( d ) This article does not prevent the applicable court from , before , during , or after the collection of information regarding the defendant as described by this article : ( 1 ) releasing a defendant who has a mental illness [ mentally ill ] or is a person with an intellectual disability [ mentally retarded defendant ] from custody on personal or surety bond ; or
( 2 ) ordering an examination regarding the defendant ' s competency to stand trial .
SECTION 2.02 . Chapter 16 , Code of Criminal Procedure , is amended by adding Article 16.23 to read as follows :
Art . 16.23 . DIVERSION OF PERSONS SUFFERING MENTAL HEALTH CRISIS OR SUBSTANCE ABUSE ISSUE . ( a ) Each law enforcement agency shall make a good faith effort to divert a person suffering a mental health crisis or suffering from the effects of substance abuse to a proper treatment center in the agency ' s jurisdiction if :
( 1 ) there is an available and appropriate treatment center in the agency ' s jurisdiction to which the agency may divert the person ; ( 2 ) it is reasonable to divert the person ; ( 3 ) the offense that the person is accused of is a misdemeanor , other than a misdemeanor involving violence ; and ( 4 ) the mental health crisis or substance abuse issue is suspected to be the reason the person committed the alleged offense .
( b ) Subsection ( a ) does not apply to a person who is accused of an offense under Section 49.04 , 49.045 , 49.05 , 49.06 , 49.065 , 49.07 , or 49.08 , Penal Code .
SECTION 2.03 . Section 539.002 , Government Code , is amended to read as follows :
Sec . 539.002 . GRANTS FOR ESTABLISHMENT AND EXPANSION OF COMMUNITY COLLABORATIVES . ( a ) To the extent funds are appropriated to the department for that purpose , the department shall make grants to entities , including local governmental entities , nonprofit community organizations , and faith-based community organizations , to establish or expand community collaboratives that bring the public and private sectors together to provide services to persons experiencing homelessness , substance abuse issues , or [ and ] mental illness . [ The department may make a maximum of five grants , which must be made in the most populous municipalities in this state that are located in counties with a population of more than one million .] In awarding grants , the department shall give special consideration to entities :
( 1 ) establishing [ a ] new collaboratives ; or
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