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| Change for Mentally Ill Inmates in Texas |
| By The Star-Telegram |
| Published: 01/30/2006 |
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Mentally incompetent defendants awaiting trial in Texas could be left sitting in county jails for months without required treatment under a policy that begins next week to limit the number of criminal commitments to state psychiatric hospitals. The change could leave counties footing the bill to treat hundreds of incompetent inmates, and it could jeopardize some convictions and lead to the premature release of the mentally ill from jail, officials say. Mental Health Mental Retardation of Tarrant County could lose as much as $4 million this year because the county has already exceeded the $10.5 million set aside by the state for treatment of inmates at state hospitals. And developing a local program to handle a backlog of criminal commitments could cost local taxpayers millions of dollars more. “This looks like another unfunded mandate by the state,” Tarrant County Commissioner Marti VanRavenswaay said. “And if we pick up a state's responsibility, they will never take it back.” Under state law, a defendant declared mentally incompetent by a judge is required to be treated at a state hospital until he or she is considered competent to stand trial. The state-run mental hospitals, however, have already exceeded their capacity this fiscal year for handling criminal commitments. Although the state has expanded the number of beds dedicated to criminal commitments from 450 to 642 this fiscal year, state facilities are about 80 patients above capacity. Starting next month, the state will accept commitments from counties on a first-come, first-served basis. “We've got to control admissions,” said Kenny Dudley, director of state hospitals for the Texas Department of State Health Services. “Everybody knew this plan was in the works since September. Now we've gotten everybody's attention.” Counties will be left with few options for treatment. Most mental health facilities do not meet statutory requirements for criminal commitments, including the ability to lock down a patient. In Tarrant County, state hospitals are the only option because local private facilities are not equipped to house such patients. County officials continue to meet to explore options, including using the JPS Health Network, the county's taxpayer-supported hospital district, which does not handle criminal commitments. |
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