Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 307 - BEHAVIORAL HEALTH PROGRAMS
Subchapter C - JAIL-BASED COMPETENCY RESTORATION PROGRAM
Section 307.105 - Definitions
Current through Reg. 49, No. 38; September 20, 2024
The following words and terms, when used in this subchapter, have the following meanings unless the context clearly indicates otherwise.
(1) Competency restoration--The treatment and education process for restoring an individual's ability to consult with the individual's attorney with a reasonable degree of rational understanding and a rational and factual understanding of the court proceedings and charges against the individual.
(2) Competency restoration training module (training module)--An HHSC-reviewed training module used by provider staff members to provide legal education to an individual receiving competency restoration services.
(3) Court--A court of law presided over by a judge, judges, or a magistrate in civil and criminal cases.
(4) HHSC--Texas Health and Human Services Commission or its designee.
(5) ID--Intellectual disability. Consistent with Texas Health and Safety Code, § 591.003, significantly sub-average general intellectual functioning existing concurrently with deficits in adaptive behavior and originating before age 18.
(6) Individual--A person receiving services under this subchapter.
(7) Inpatient mental health facility--A mental health facility providing 24-hour residential and psychiatric services and is:
(8) IST--Incompetent to stand trial. A situation when an individual does not have:
(9) JBCR--Jail-based competency restoration. Competency restoration conducted in a county jail setting provided in a designated space separate from the space used for the general population of the county jail.
(10) LBHA--Local behavioral health authority. An entity designated as the local behavioral health authority by HHSC in accordance with Texas Health and Safety Code § 533.0356.
(11) LIDDA--Local intellectual and developmental disability authority. An entity designated as the local intellectual and developmental disability authority by HHSC in accordance with Texas Health and Safety Code, § 533A.035.
(12) LMHA--Local mental health authority. An entity designated as the local mental health authority by the executive commissioner of HHSC in accordance with Texas Health and Safety Code, § 533.035(a).
(13) Local unit of general purpose government--The government of a county, municipality, township, Indian tribe, or other unit of government (other than a state) which is a unit of general government as defined in 13 United States Code § 184.
(14) LPHA--Licensed practitioner of the healing arts. A person who is:
(15) Mental illness--An illness, disease, or condition (other than a sole diagnosis of epilepsy, dementia, substance use disorder, or ID) that:
(16) Provider--An entity that contracts with HHSC or a county to provide JBCR program services.
(17) Provider staff member--An employee or person whom the provider contracts or subcontracts for the provision of JBCR program services. A provider staff member includes specially trained security officers, all licensed and credentialed staff, and other persons directly contracted or subcontracted to provide JBCR services to an individual.
(18) QIDP--Qualified intellectual disability professional as defined in 42 CFR § 483.430(a).
(19) QMHP-CS--Qualified mental health professional-community services. As defined in Chapter 412, Subchapter G, of this title (relating to Mental Health Community Services Standards).
(20) Residential care facility--A state supported living center or the Intermediate Care Facilities for Individuals with an Intellectual Disability (ICF-IID) component of the Rio Grande State Center.
(21) Serious injury--An injury determined by a physician to require medical treatment by a licensed medical professional (e.g., physician, dentist, physician's assistant, or advance practice nurse) or requires medical treatment in an emergency department or licensed hospital.
(22) Significantly sub-average general intellectual functioning--Consistent with Texas Health and Safety Code, § 591.003, measured intelligence on standardized general intelligence tests of two or more standard deviations (not including standard error of measurement adjustments) below the age-group mean for the test used.
(23) Specially trained jailer--A person appointed or employed as a county jailer assigned to work for the JBCR provider.
(24) State mental health facility--A state hospital or a state center with an inpatient psychiatric component.
(25) Subcontractor--A person or entity that contracts with the provider of JBCR program services.
(26) Texas Commission on Jail Standards--The regulatory agency for all county jails and privately operated municipal jails in the state, as established in the Texas Government Code, Chapter 511.
