Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 307 - BEHAVIORAL HEALTH PROGRAM
Subchapter C - JAIL-BASED COMPETENCY RESTORATION PROGRAM
Section 307.129 - Outcome Measures
Universal Citation: 26 TX Admin Code § 307.129
Current through Reg. 50, No. 13; March 28, 2025
(a) For the purposes of this section, "competency as determined by the JBCR psychiatrist or psychologist" refers to the clinical opinion of the psychiatrist or psychologist provided under Texas Code of Criminal Procedure Articles 46B.079(b) and 46B.091, as applicable.
(b) A JBCR program must collect and report the following data for an individual admitted to a JBCR program, using HHSC's designated automation system:
(1) individual
outcomes:
(A) the number of individuals on
felony charges;
(B) the number of
individuals on misdemeanor charges;
(C) date individual was ordered to
JBCR;
(D) date of first JBCR
service provided;
(E) whether the
court granted an extension;
(F) the
average number of calendar days for an individual charged with a felony to be
restored to competency, as determined by the JBCR psychiatrist or
psychologist;
(G) the average
number of calendar days for an individual charged with a misdemeanor to be
restored to competency, as determined by the JBCR psychiatrist or
psychologist;
(H) the number of
individuals charged with a misdemeanor and not restored to competency, as
determined by the JBCR psychiatrist or psychologist;
(I) the number of individuals charged with a
felony and not restored to competency, as determined by the JBCR psychiatrist
or psychologist;
(J) the number of
individuals charged with a misdemeanor and restored to competency, as
determined by the JBCR psychiatrist or psychologist;
(K) the number of individuals charged with a
felony and restored to competency, as determined by the JBCR psychiatrist or
psychologist;
(L) the average
length of time between determination of non-restorability by the JBCR
psychiatrist or psychologist and transfer to an inpatient mental health
facility, residential care facility, or OCR program pursuant to Texas Code of
Criminal Procedures Article 46B.091(j-1);
(M) the number of individuals restored to
competency as determined by the JBCR psychiatrist or psychologist in 60
calendar days or less;
(N) the
number of individuals found IST who were found ineligible for JBCR based on the
JBCR program screening and the reason why;
(O) the number of individuals not restored to
competency and who were transferred to an inpatient mental health facility or
residential care facility; and
(P)
the number of individuals whose charges were dismissed before completion of
JBCR; and
(2)
administrative outcomes, in a format specified by HHSC, for the JBCR program,
including:
(A) the costs associated with
operating the JBCR program; and
(B)
the number of:
(i) reported and confirmed
cases of abuse, neglect, and exploitation;
(ii) reported and confirmed cases of rights
violations;
(iii) restraints and
seclusions used;
(iv) emergency
medications used;
(v) serious
injuries; and
(vi) deaths, in
accordance with §
320.143 of this title (relating to
Documenting, Reporting, and Analyzing Restraint or Seclusion) or Chapter 301,
Subchapter H of this title (relating to Deaths of Individuals Served by
Community Mental Health Centers), as applicable.
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