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2019 Judicial Summit on Mental Health

The 2019 Summit drew nearly five hundred judges and stakeholders from across the State of Texas to discuss and develop solutions to the many challenges faced by individuals in the court system with mental health or intellectual and developmental disabilities (IDD).

Attendees included judges from all levels of the judiciary, academics, law enforcement, advocacy groups, prosecutors, defense attorneys, mental health and IDD service providers, representatives from various state agencies, policymakers, persons with lived experience, and many others.

Justice Bill Boyce will lead a panel of experts who will share their experiences and expertise structured by the Sequential Intercept Model. The session will include important legal points, practical solutions, and updates from the 86th Legislative Session related to mental health and IDD. This information will help a variety of stakeholders understand the most recent legislative changes and other best practices in this complex area of the law.

Moderator:

Hon. Bill Boyce, Alexander Dubose & Jefferson

Panelists:

Hon. Roxanne Nelson, Justice of the Peace, Burnet County Precinct 1

Hon. Ryan Kellus Turner, Executive Director, Texas Municipal Courts Education Center

Hon. Guy Herman, Judge, Travis County Probate Court

Hon. David Jahn, Associate Judge, Denton County Probate Court

Brian Shannon, Paul Whitfield Horn Professor of Law, Texas Tech University

As the Chief of Forensic Medicine, Dr. Faubion possesses a unique, bird’s-eye perspective of the Texas State Hospital System. Dr. Faubion will share his insight regarding the legislative changes enacted in SB 562 and the new requirements for maximum security unit designation. He will also discuss several pilot programs in Texas designed to combat the use of competency restoration as mental health treatment and will offer helpful tips for judges regarding what to look for in a competency evaluation.

Presentation by:

Dr. Matthew Faubion, Texas Health and Human Services Commission

Tonier Cain will share her life story, depicting an unbelievable personal journey through trauma and healing. Ms. Cain’s goal is to increase understanding about the importance of designing individualized treatment plans. During this presentation, Ms. Cain will share the components of trauma informed care and explain how these components can be used to understand the impact of trauma on individuals and to prevent doing more harm.

Presented by:

Ms. Tonier “Neen” Cain, Trauma-Informed Care Expert

Texas offers competency restoration services in various settings. This session will first cover services offered in outpatient and jail-based restoration from a broad, state perspective. Outpatient and jail-based services are operated by local mental health and behavioral health authorities throughout the state in a wide variety of ways. The panel will then provide examples and best practices from successful programs in Lubbock and Tarrant County.

Moderator:

Dr. Courtney Harvey, State Mental Health Coordinator & Associate Commissioner, Texas Health and Human Services Commission

Panelists:

Hon. Drue Farmer, Judge, County Court at Law No. 2, Lubbock County

Hon. Nelda Cacciotti, Judicial Staff Counsel, Mental Health Magistrate, Tarrant County

Lucrece Pierre-Carr, Manager, Crisis Services Unit, Texas Health and Human Services Commission

La Quinta Swan, Forensic Subject Matter Expert, Crisis Services Unit, Texas Health and Human Services Commission

During this session attendees will learn about how trauma can affect judges, professionals, and the individuals before the court. Judge Spillane will explore how self-care and mindfulness can help build resilience and prevent secondary trauma.

Presentation by:

Hon. Edward Spillane, Presiding Judge, College Station Municipal Court

In July of 2019, the Judicial Commission on Mental Health conducted a Round Table to discuss Critical Points on the Sequential Intercept Model from the perspective of those with lived experience. During this ground-breaking discussion, persons with lived experience sat down with judges, representatives from law enforcement, and mental health providers to discuss their personal interaction with the justice system. Adrienne Kennedy and John Petrila will provide the history of how this event came to be, what it means for Texas policy development, and what judges and those in the justice system should take away from the information gathered.

Presentation by:

Adrienne Kennedy, President, National Board of Directors, National Alliance on Mental Illness

John Petrila, Vice-President of Adult Policy, Meadows Mental Health Policy Institute

Psychiatric advance directives are the foundation for Texas RioGrande Legal Aid's self-determination- based advocacy, providing a mechanism to address the underlying issues leading to the cycle of criminal justice, hospitalization, and homelessness recidivism. Further, through self-determination-based advocacy, accommodations are identified, improving attorney/client communication and therefore avoiding entrance into the incompetency trajectory.

Presentation by:

Laurie Hallmark, Mental Health Programs Team Manager, Texas Rio Grande Legal Aid

Crisis intervention implementation is a culture change for law enforcement that must be integrated and modeled from the command staff to the newest officer. Making crisis intervention training and jail diversion a priority will reduce liability on the agencies, improve community relations, and make our communities safer.

This presentation will discuss the necessity of having crisis intervention training for peace officers, the impact of Article 16.23 of the Texas Code of Criminal Procedure, and the advantages and challenges of rural agencies.

Presentation by:

Lt. Scott Soland, President, Texas CIT Association

This session will focus on practical solutions for reducing the days in custody for persons with mental illness who are awaiting competency restoration. Improving processes not only shortens the wait time for persons awaiting hospitalization, but also costs little to nothing to implement and ultimately saves money.

The presentation will also stress the importance of establishing a mental health stakeholder collaboration within a respective jurisdiction. It will discuss how to promote understanding about the options available to judges, jails, and law enforcement when dealing with a defendant with mental illness or IDD. Examples of mental health workshops, communications, and protocols will be profiled after a brief summary of the mental health laws established in the 85th and 86th Legislative Sessions.

Presentation by:

Hon. Roxanne Nelson, Justice of the Peace, Burnet County Precinct 1

Hon. Kirk Noaker, Magistrate, Burnet County

Alyse Ferguson, Chief Attorney, Collin County Mental Health Managed Counsel Program

The Judge Ed Emmett Mental Health Diversion Center provides a pre-charge diversion alternative to arrest and incarceration. In the first year of operations, the Diversion Center provided a therapeutic alternative to arrest for 1,795 people who had been detained for low-level misdemeanors. This session will explore the core components of a pre-charge diversion center including cross-system collaboration, defining divertible charges, the necessary array of services, the early impacts of the program, and the evaluation process from the lens of multiple stakeholders.

Presentation by:

Kim Ogg, District Attorney, Harris County

Denise Oncken, Mental Health Bureau Chief, Harris County District Attorney’s Office

Wayne Young, CEO, The Harris Center

This session will focus on Bexar County’s history and experience of providing appointed counsel at the 15.17 initial magistration hearing for defendants with a co-occurring mental health diagnosis. Mr. Young will review the necessary stakeholders and partnerships that were required to establish this practice. He will also discuss the legal authority, logistical challenges, and costs and benefits of providing counsel at first appearance for defendants with a mental illness.

Presentation by:

Michael Young, Chief Public Defender, Bexar County Public Defender’s Office

Psychiatric advance directives are the foundation for Texas RioGrande Legal Aid's self-determination-based advocacy, providing a mechanism to address the underlying issues leading to the cycle of criminal justice, hospitalization, and homelessness recidivism. Further, through self-determination-based advocacy, accommodations are identified, improving attorney/client communication and therefore avoiding entrance into the incompetency trajectory.

Presentation by:

Laurie Hallmark, Mental Health Programs Team Manager, Texas Rio Grande Legal Aid