Section 273.8 - Memorandum of UnderstandingFor the purpose of establishing a continuity of care system for offenders with mental impairments, elderly, physically disabled, terminally ill, or significantly ill, the Texas Correctional Office on Offenders with Medical and Mental Impairments (TCOOMMI) and the Texas Commission on Law Enforcement (TCOLE) and the Texas Commission on Jail Standards (TCJS) agree to the following Memorandum of Understanding.
(1) Authority and Purpose. Senate Bill 252, Acts 1993, 73rd Legislature, Chapter 488, 1, codified as Texas Health and Safety Code, § 614.013, authorizes TCOOMMI and TCOLE and the TCJS to establish a written Memorandum of Understanding that identifies methods for:(A) identifying offenders in the criminal justice system who are mentally impaired, elderly, physically disabled, terminally ill, or significantly ill;(B) developing procedures for the exchange of information relating to offenders who are mentally impaired, elderly, physically disabled, terminally ill, or significantly ill by the TCOOMMI, TCOLE, and the TCJS for use in the continuity of care and services program; and(C) adopting rules and standards that assist in the development of a continuity of care and services program for offenders who are mentally impaired, elderly, physically disabled, terminally ill, or significantly ill.(2) All entities agree to the extent possible to:(A) enter into a Memorandum of Understanding fulfilling the statutory requirements and purposes of Texas Health and Safety Code, § 614.013, as set forth in this section;(B) seek a statutory change in current statutes to allow for the exchange of information (including electronic) about offenders with special needs without consent of the individuals involved for the purpose of providing or coordinating services among the entities;(C) develop a system that provides for timely identification of offenders with special needs who come into contact with law enforcement or jail personnel;(D) submit a list of contact staff to the TCOOMMI who are responsible for responding to referrals and/or issues regarding persons with special needs;(E) distribute relevant training seminar and/or educational information towards improving each agency's knowledge and understanding of the identification and management of offenders with special needs;(F) develop and implement a standardized release of information form that can facilitate the exchange of client information;(G) inform the other of any proposed rule or standards changes which could affect the continuity of care system. Each agency shall be afforded 30 days after receipt of proposed change(s) to respond to the recommendations prior to the adoption;(H) provide ongoing status reports to TCOOMMI on the implementation of initiatives outlined in this Memorandum of Understanding; and(I) provide opportunities for cross-training for each other's staff.(3) TCOOMMI shall: (A) provide technical assistance toward the development of improved medical and psychiatric screening standards;(B) provide training and technical assistance to state or local law enforcement or jails on enhancing identification and management strategies for offenders with special needs;(C) develop a statewide directory of contact staff for distribution to state and local law enforcement and jail personnel;(D) monitor and coordinate the implementation of the activities of this Memorandum of Understanding;(E) provide reports to the Legislature on the status of implementation of activities; and(F) participate in any relevant research or studies relevant to offenders with special needs who come into contact with law enforcement or who are incarcerated in county jails.(4) TCOLE shall: (A) develop and publish a mental health officer training in service curriculum to train law enforcement officers and county jailers;(B) establish a Mental Health Officer Certification Program; and(C) develop and publish an inservice training course for law enforcement officers and county jailers that is concerned with individuals with special needs.(5) TCJS shall: (A) develop mental health standards which address training needs, identification, communication, housing, supervision and referrals; and(B) provide technical assistance for local jails on management strategies for offenders with special needs.(6) Review and Monitoring.(A) TCOOMMI, TCOLE, and TCJS shall jointly monitor implementation of the continuity of care system as outlined in this Memorandum of Understanding. The intent of all agencies is to provide timely communication, discussion and resolution of transitional problems should any occur.(B) This Memorandum of Understanding shall be adopted by TCOOMMI, TCOLE, and TCJS. Subsequent to adoption, all parties to this memorandum shall annually review this memorandum and provide status reports to TCOOMMI. Amendments to this Memorandum of Understanding may be made at any time by mutual agreement to the parties.37 Tex. Admin. Code § 273.8
The provisions of this §273.8 adopted to be effective June 25, 2000, 25 TexReg 5917; amended to be effective January 1, 2014, 38 TexReg 9626; Amended by Texas Register, Volume 45, Number 51, December 18, 2020, TexReg 9231, eff. 12/22/2020