16.22 PROCESS

Police Intervention/Detention of Defendant

Law Enforcement MUST divert when appropriate —
Good faith effort required

HOWEVER
Officer have considerable discretion in responding to a situation in the community involving a person with a mental illness or intellectual disability who may be engaging in criminal conduct, experiencing a mental health crisis or both

16.22 PROCESS

• Article 16.22 of the Texas Code of Criminal Procedure details a procedure for identifying a person’s possible Mental Illness or Intellectual Disability at the earliest stages of and through out a criminal proceeding.
• UNDER 16.22
• A Magistrate must, under certain circumstances order an expert to interview the defendant and otherwise collect information regarding whether the defendant has a MI orID in order to alert the necessary stakeholders if the resulting report indicates possible MI or ID.

FIRST STEP

• Arrest for Class B or Higher
• Notice given to sheriff of Credible Information (15.17a-1)
• The Credible Information can come from several sources
• Continuity of Care Query
• TCJS suicide screening
• Magistrate’s own observation of MI or ID at initial appearance or arraignment
• ALL DONE WITHIN 12 HOURS OF ARREST
• The Sheriff NOW sends notice of Credible Information to the Magistrate 16.22 (a) (1)

STEP 2

• The Magistrate must make reasonable cause determination
• A. Reviews notification
• B. Reviews charges/criminal history
• C. Meets defendant
• D. Communicates with LMHA, LIDDA, MH Providers
• IF NO RESONABLE CAUSE FOUND
• No further action is taken
• IF REASONABLE CAUSE FOUND
• The 16.22 process continues

STEP 3

• The Magistrate checks to see if a prior 16.22 report was done in preceding year that indicates MI or ID.
• IF YES Magistrate is allowed to use that report
• IF NO Prior report
• THE MAGISTRATE SHALL order Mental Health provider to conduct 16.22 interview.

STEP 4 (PART 1)

• Magistrate conducts a 15.17 hearing
• Magistrate considers personal bond (Mental Health Bond) under 17.03 of the Texas Code of Criminal Procedure
• If a bond is granted Magistrate sets terms and condition

STEP 4 (PART 2)

• A LMHA, LIDDA OF MH PROVIDER shall interview defendant and make a report
• The report must be returned within 96 hours if defendant is in custody
• OR
• 30 days if defendant is out of custody

STEP 5

• Magistrate must give notice of 16.22 report to all stakeholders
• —Defense Counsel
• —State’s Attorney
• —Trial Court
• —District and County Clerks
• —Sheriff (or holder of medical records of defendant)
• —Personal bond office/Director Pretrial supervision dept.

OPTIONS FOR THE TRIAL COURT

• Continue criminal proceedings against the defendant
• Resume or initiate competency proceedings if required by chapter 46B of the TCCP
• Refer the person to an appropriate Specialty Court
• Consider the written report during the punishment phase
• Consider the written report in setting conditions of community supervision
• Consider the written report in bond issues/PR bond
• Order transferring defendant to appropriate court for court-ordered OUTPATIENT MH services (regardless of competency status)