Program for Mentally Ill Offenders in Texas

Texas has four new pilot programs designed to help mentally ill defendants prepare for trial, while also saving public funds.

Non-violent offenders who are not competent to stand trial in Texas typically stay in federal or state mental hospitals. There, they receive medication, treatment and competency training – sometimes tutoring and mock trial scenarios to help defendants understand the trial process and defend their cases. Defendants may also need to wait several months in jail before a hospital bed is available.

However, there is an alternative. In 2007, the state legislature began allowing defendants to work toward competency through outpatient programs. To help create a successful system, the state created four county pilot programs.

In Austin, Dallas, Fort Worth and San Antonio, judges are keeping some non-violent defendants in their home communities. Each defendant is assigned to an approved outpatient facility and matched with a psychiatrist. Defendants also each have a caseworker to track their treatment progress and bring them to court. The judges say the outpatient treatments can be more effective and consistent than hospital treatments.

Some incompetent offenders do not qualify for the program. It is only open to “defendants who have been determined by the court not to be a danger to others,” according to a state health department brochure about the program. Most violent offenders must still go to jail or the state hospital, except in the case of minor assaults. Drug use can also disqualify defendants.

Dallas judge Doug Skemp told the Dallas Morning News that his pilot program saved the county $300,000 in 2009 by keeping the defendants out of jail. Texas criminal justice expert Scott Henson said defendants on misdemeanor charges may see more jail time awaiting a hospital bed than they would if they had gone to trial and been convicted.

Skemp also said he has seen lower recidivism – few of his defendants commit new crimes while they are awaiting trial. However, the program is so new that there is little more than anecdotal evidence.

“We are not seeing them come back as often as those who go through hospitalization,” he told the Dallas Morning News.

Many mental health professionals support the program, which could be expanded statewide. As of last year, 35 states allowed outpatient competency programs. Of those, 16 have established state programs.

However, the program also has opponents. Dominique Collins, a Dallas County prosecutor is concerned about the defendants committing crimes while awaiting trial, or becoming crime victims.

If you have questions about the new state program for mentally ill offenders, please speak to a knowledgeable criminal defense attorney. A lawyer can answer your questions about the program, its requirements and assist you with determining if you may be a candidate.