ORDER N0. '6048 At=~F~RDVE INTERLOC;AL CONTRACT FDRN FDR I'.ERRVILLE STATE HOSPITAL HEARING:i AND SE:TTItJG OF FEES On this the 7th day of S'eptember• 199`.-3, ~_ipon motion made by Commissioner Griffin, seconded by Commissioner Let., the Co~_irt unanimously approved by a vote of 4-~D-@, the Form of the contract, the fees provided for in the addend~_un, and a~_tthorized County l~_idge to sign contracts with the co~.inties in our cachement area. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. ~//kJ MADE BY ~P ~oTi cY OFFICE: e-c"~-~rt~I * l ~ r oR~~ : . ~ _ MEETING DATE: TIIvIE PREFERRED: ~ • ,~'f SUBJECT: (PLEASE BE SPECIFIC) ~BNSrD~~AT °^~ $ fjND ,~PP,20/.e-~ of ~Nf~Qt-oc~ nJSy Co~17~;4cr7' /=a/Z K~K~l~.~c ~~~ /`Fi7'9'"rJa (IF ~~~ ~~'rd yEfv~rT~-~-. TIfFZ~r~ ~~b•JIG~ EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) C~1.~/~!-~Zt~ r~~'`' NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: .' ~'L c +Ju.~~ Time for submitting this request for Court to assure that the tnatter is posted in accordance with Title 5, Chapte SSI and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: 5:00 P.M. previous Tuesday. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has beep prepared for the Court's formal consideration and action at dine of Court Meetings. Your cooperation will b~ appreciated and contribute towards you.request being addressed at the earliest opportunity. See Agenda Request Rule Adopted by Commissioners' Court. STATE OF TEXAS COUNTY OF KERR INTERLOCAL AGREEMENT FOR MENTAL HEALTH MENTAL RETARDATION AND CHEMICAL DEPENDENCY COMMITMENT HEARINGS AND PSYCHOACTIVE MEDICATION HEARINGS AT KERRVILLE STATE HOSPITAL This agreement is entered into on this the _ day of , 1999, pursuant [o the terms of Chapter 791, Texas Local Governtnent Code, by and between the Commissioners' Court of County, Texas, hereinafter " and the Commissioners' Court of Kerr County, Texas, hereinafter "Kerr," for the purpose of providing certain services relating to mental health, mental retardation and chemical dependency commitment hearings as well as certain services relating to psychoactive medication hearings for residents of County, Texas at the Kerrville State Hospital, Kemille, Kerr County, Texas. WHEREAS, County, Texas, on occasion has residents who are in need of court-ordered mental health services, mental retardation services and court-ordered chemical dependency treaUnent available, by commitment to [he Kerrville State Hospital, as well as residents who aze patients at Kerrville State Hospital and are in need of administration of psychoactive medication; and WHEREAS, Chapter 571 (General Provisions), Chapter 573 (Emergency Detention) and Chapter 574 (Court-Ordered Mental Health Services) of the Texas Health and Safety Code, hereinafter "Code," recite the statutory scheme whereby court-ordered mental health services may be provided for those persons who meet the criteria therein se[ out; and WHEREAS, Chapter 462 (Treatment of Chemically Dependent Persons) of the Code recites the statutory scheme whereby court-ordered treatment for chemical dependency may be provided for those persons who meet the criteria therein set out; and WHEREAS, Chapter 593 (Admission and Commitment to Mental Retardation Services) of the Code recites the statutory scheme whereby mental retardation services may be provided for those persons who meet the criteria therein set out; and WHEREAS, Chapter 574, Subchapter G (Administration of Medication to Patient Under Order for Inpatient Mental Health Services) of the Code recites the statutory scheme whereby patients receiving court-ordered mental health services and patients for whom an application has been filed for such court- ordered mental health services, may be administered psychoactive medications against their will; and WHEREAS, § 574.001 (b) of the Code provides that an application for court-ordered mental health services must be filed with [he county clerk of the county in which the proposed patient: (1) resides; (2) is found; or (3) is receiving mental health services by court order or under Subchapter A, Chapter 573 of the Code (Apprehension by a Peace Officer Without a Warr:mt {§ 573.001 of the Code}): and WHEREAS, § 574.061 of the Code provides that a request [o modify an order for inpatient treatment and § 574.062 of the Code provides [hat a motion for modification of an order for outpatient treatment must be with the judge of [he court that entered the order sought to be modified; and WHEREAS, § 462.062 (b) of the Code provides that an application far court-ordered treatment of chemically dependent persons must be filed with the county clerk of the county in which the proposed patient: (1) resides; (2) is found; or (3) is receiving treatment services by court order or under § 462.041 of the Code (Apprehension by a Peace Officer Without a Warrant); and WHEREAS, § 593.041 (b) of the Code provides that an application for court-ordered mental health services must be filed with the county clerk of [he county in which the proposed patient: (1) resides: and WHEREAS, § 574.104 (a) of the Code provides that a physician, who is treating a patient who is receiving mental health services under an order for temporary or extended mental health services under §§ 574.034 or 574.035 of [he Code or for whom an application for courtordered mental health services under §§ 574.034 or 574.035 of the Code has been Fled, may file, with the probate court or a court with probate jurisdiction, an application for an order to authorize the administration of a psychoactive medication; and WHEREAS, both jurisdiction over such proceedings where the County and County and Kerr County have proposed patient is a resident of (1) is found in Kerr County; (2) is receiving court-ordered mental health services, court-ordered mental retardation services or treatment for chemical dependency at the Kerrville State Hospital in Kerr County; or (3) is brought to the Kemille State Hospital by a peace officer without a warrant under the provisions of § 462.041 of the Code or Subchapter A, Chapter 573 (§ 573.001 of the Code) of the Code: and WHEREAS, Kerr County has jurisdiction over proceedings under Chapter 574, Subchapter G of the Code (Administration of Medication to Patient under Order for Inpatient Mental Health Services) in which a physician treating a patient at the Kemille State Hospital, which patient is receiving mental health services under an order for temporary or extended mental health services under §§ 574.034 or 574.035 of [he Code or for whom an application for court-ordered mental health services under §§ 574.034 or 574.035 of the Code Itas been filed; and WHEREAS, given the time constraints set out in [he Code, and [he difficulty and expense of transporting patients, hospital employees, witnesses, judges, magistrates and attorneys [o and from County for such hearings, it is impractical for County to hold heazings to determine existence of probable cause for protective custody orders, as well as hearings on applications for temporary mental health services, hearings on applications for extended mental ltealtlt services, hearings on applications for renewal of an order for extended mental health services, hearings on applications for court-ordered chemical dependency treaunent, hearings on applications for renewal of an order for courtordered chemical dependency treatment, hearings for modification of order for inpatient raeahnent, hearings for modification of order for outpatient treaunent, hearings on petitions seeking an order to authorize [he administration of a psychoactive medication to certain patients at the Kerrville State Hospital and hearings on petitions for reauthorization or modification of a court order authorizing [he administration of a psychoactive medication to certain patients at the Kerrville State Hospital, within the geographical confines of County; and WHEREAS, County finds that the most appropriate, safe and expeditious site for said hearings is the Kemille State Hospital in Kemille, Kerr County, Texas, and desires that the aforementioned hearings concerning citizens of said County be held by the proper Kerr County, Texas judicial officer with jurisdiction over such matters within Kerr County and further desires that at the aforementioned hearings concerning citizens of said County, the interests of the State and the Kemille State Hospital be represented by the Kerr County, Texas prosecutor charged with said responsibility and further desires [hat at the aforementioned hearings concerning citizens of said County, the interests of said citizens of said County be represented by an attorney appointed by the judicial officer aforementioned; and WHEREAS, the public health, safety and welfare of the citizens of both counties, and of the proposed patients would be best served by entering into this "Interlocal Agreement For Mental Health. Mental Retardation And Chemical Dependency Commitment Hearings And Psychoactive Medication Hearings At Kemille S[a[e Hospital" hereinafter referred to as "Interlocal Cooperation Agreement" pursuant to the authority granted by Chapter 791 of the Texas Government Code (the Interlocal Cooperation Act); NOW THEREFORE, be it resolved that County and Kerr County agree to enter into this Interlocal Cooperation Agreement, and the parties agree as follows: § 1. TERM 1.1 This agreement is to be effective on the date that i[ is approved by order of the commissioners' court of each county, and is to end on September 30, 2000, unless renewed by rnutual orders of the respective commissioners' courts for subsequent one-year terms, beginning on October 1" and ending on September 30`~ of each contract period. 1.2 To renew tltis agreement, _ shall forward a request to the County Clerk of Kerr County requesting a statement of proposed costs for the next budget year. If said statement of costs is acceptable, shall forward a certified copy of the order renewing this agreement to the County Judge of Kerr County prior to August 1" of the budget year preceding the renewal period. 1.3 Kerr shall either accept or decline the offer to renew by formal order of the commissioners' court and shall forward a certified copy of said order to the County Judge of County on or before September 1" of the budget year preceding the renewal period. 1.4 Either party may cancel this agreement for any reason by notifying the other in writing at least Urirty (30) days prior to the effective date of the cancellation. All amounts due and awing [o Kerr County pursuant to this agreement as of the effective date of cancellation shall be paid by County within sixty (60) days of the receipt of any bill or the date of the cancellation, whichever is later. § 2. DEFINITIONS 2.1 "Resident" as that term is used herein shall have the same meaning as that term has been defined in the Indigent Health Care Act and as that [enn has been applied and construed by the Courts. §3. FUNDING REQUIREMENTS 3.1 County agrees that all funds due under the terms of this agreement shall be payable out of current revenues and [hat it shall set aside a fund in an amount sufficient to satisfy any obligation created by this agreement. 3.2 Any order of the Commissioners' Court of County which renews this agreement shall be deemed to be a certification that the obligation incurred by the renewal shall be payable out of current revenues and that has or will set aside a fund in an amount sufficient to satisfy any obligation created by this agreement. 4.1 Kerr County proceedings, psychoactive County Court with jurisdiction. 4.2 Kerr County shall have no duty to accept jurisdiction or proceed with any court-ordered commiunent or treatment proceeding where the terms of [his contract have not been complied with, including the terms concerning [he duty of County to make payment to Kerr County for the costs as set out hereiq for all hearings which involve its residents. 4.3 I[ is understood and agreed [hal pursuant [o §§ 462.004 and 571.016, of [he Code, the Kerr County Attorney or his properly-assigned designee is [he attorney for the State in any hearing covered by this agreement and therefore retains all of the independent discretionary authority given by the statutes and Constitution of the State of Texas. Tltis agreement shall not be constnted to limit that authority in any form or fashion and the decision of the County Attorney is final as [o whether the Slate will proceed in any action covered by this agreement, including appeal, and as to the means and methods employed. §5. DUTIES OF COUN'T'Y 5.1 County agrees and warrants that it will follow all appropriate statutory procedures and shall implement such other procedures and training necessary to ensure that no violation of the constitutional and statutory rights of any proposed patient occurs and that in seeking the commitment of the proposed patient, no person from County will be referred to the Kerrville State Hospital unless the proposed patient has been evaluated and examined by a qualified mental health professional or a physician; a certificate has been properly issued; the patient has been warned of the nonco~dentiality of the interview of the qualified mental health professional or physician; and that all other necessary steps have been taken to assure that the proposed patient's constitutional and statutory rights have been preserved. 5.2 Should any County resident who was detained under the authority of the emergency detention provisions of Chapter 573 of the Code be found to be entitled to release, County shall pay the cost of transporting [hat person to the location of [he person's apprehension, the person's residence or another suitable location, as required by § 573.024 of the Code. 5.3 County agrees to pay to Kerr County the costs associated with any hearing conducted by Kerr County officials as authorized under §§ 571.017, 571.018 (mental health), 462.005 (chemical dependency) 593.050 pnental retazdation) and 574.107 (psychoactive medication) of the Code in accordance with the "Kerr County Clerk's Statement of Proposed Cosls for [he Budget Year 1999-2000;' infra. §4. DUTIES OF KERB COUNTY agrees that it will assume jurisdiction over all court-ordered mental health mental retardation proceedings, chemical dependency treatment matters and all medication hearings which concern residents of County that are properly filed in or transferred to the Kerr 5.4 For all cases, _ the following costs: County does also agree to pay to Kerr County a. All other court costs, set by law, and such other costs set by order of the Kerr County Commissioners Court, under authority of law. b. All costs authorized by law for appeals [o a Texas Court of Appeals or [o the Texas Supreme Court. c. A reasonable fee, in an amount not to exceed $50.00 per hour, for the Kerr County Attorney or his designee for professional services rendered in researching and preparation of appellate briefs, for time required to travel to and from the site of the appropriate appeals court, and for time to present oral argument in any appeal of a hearing provided for by [his Interlocal Agreement, as well as travel expenses and office expenses related to production and mailing of any appellate brief covered by this Interlocal Agreement. d. All costs, including bonds, authorized or mandated by law for any proceedings in Federal Court involving a County resident covered by this agreement. 5.5 County agrees that it shall be responsible for obtaining repayment for its costs incurred pursuant to this agreement from the patient and/or the patient's family or estate. County agrees further that failure on its part to recover such repayments shall have no effect on its liability to Kerr County for such costs. §6. PAYMENTS 6.1 All bills for costs shall be submitted to [he County Judge of County, Texas at the address below and all payments due under this agreement shall be paid to the County Clerk of Kerr County, Texas and shall be paid at that office in the Kerr County Courthouse, 700 Main Street, Kerrville, Texas 78028. §7. MISCELLANEOUS 7.1 Any and all notices which may be required under the terms of the agreement shall be mailed to the parties, through their representatives, at the addresses indicated below or at such address as either party may furnish in writing to the other party: County Judge County, Texas Texas Fred Henneke, County Judge Kerr County. Texas Kerr County Courthouse 700 Main Street Kerrville, Texas 78028 7.2 This agreement contains the entire agreement of the parties with respect to the matters covered by this agreement No other agreement, statement or promise made by any party or to any employee, officer or agent of any party, which is not contained in this agreement shall be binding or valid. 7.3 If any term, provision, covenant or condition of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 7.4 The obligations and undertakings of each of the parties to this agreement shall be performable in Kerr County, Texas. Date: APPROVED: County Attorney ATTEST: County Clerk Date: Fred Henneke, Kerr County Judge Date: APPROVED: David Motley, Kcrr County Attorney Date: Date: ATTEST: Janne[t Pieper, Kerr County Clerk Date: This agreement was adopted by the Commissioners' Court of Kerr County, at Kerrville, Texas, by order number , on the day of , 1999, and by [he Commissioners' Court of County, Texas, on the day of 1999. County Judge KERR COUNTY CLERK'S STATEMENT OF PROPOSED COSTS FOR THE BUDGET YEAR 1999-2000. TEMPORARY COMMITMENT: (OPC - 90 DAYS) COUNTY CLERK'S FEE $ 40.00 JUDICIAL EDUCATION FEE $ 3.00 JURY FEE (IF NEEDED) $ 22.00 JUROR EXPENSE REIMBURSEMENT FEE (IF NEEDED) ** JUDICIAL SERVICE FEE $ 50.00 JUDICIAL SALARY SUPPLEMENT FEE $ 10.00 SHERIFF'S FEE $ 45.00 APPOINTED ATTORNEY'S FEE RECORDS MANAGEMENT & PRESERVATION FEE $ 5.00 COURTHOUSE SECURITY FEE $ 5.00 ALTERNATE DISPUTE RESOLUTION FEE $ 10.00 COURT REPORTER SERVICE FEE $ 15.00 FOURTH COURT OF APPEALS FEE $ 5.00 LAW LIBRARY FEE $ 5.00 SB I534-INDIGENT FEE $ 5.00 PROSECUTORIAL SERVICE FEE $ 50.00 HB 321 LJUDICIAL FUND FEE $ 40.00" IF A PATIENT PROPOSED FOR MENTAL HEALTH SERVICES IS DISCHARGED PRIOR TO THE TEMPORARY COMMITMENT HEARING, THE KERB COUNTY CLERK WILL NOT BII,L THE COUNTY RESPONSIBLE FOR THE PROPOSED PATIENT'S COSTS FOR: A JURY FEE, A JUDICIAL SERVICE FEE, A IUDICIAL SALARY SUPPLEMENT FEE, A PROSECUTORIAL SERVICE FEE OR A HB-3211 JUDICIAL FUND FEE. EXTENDED COMMITMENT: (UP TO 1 YEAR) COUNTY CLERK'S FEE $ 40.00 JUDICIAL EDUCATION FEE $ 3.00 JURY FEE (IF NEEDED) $ 22.00 IUROR EXPENSE REIMBURSEMENT FEE (IF NEEDED) ** JUDICIAL SERVICE FEE $ 50.00 JUDGE SALARY SUPPLEMENT FEE $ 10.00 SHERIFF'S FEE $ 45.00 APPOINTED ATTORNEY'S FEE RECORDS MANAGEMENT & PRESERVATION FEE $ 5.00 COURTHOUSE SECURITY FEE $ 5.00 ALTERNATE DISPUTE RESOLUTION FEE $ 10.00 COURT REPORTER SERVICE FEE $ 15.00 FOURTH COURT OF APPEALS FEE $ 5.00 LAW LIBRARY FEE $ 5 00 SB 1534-INDIGENT FEE $ 5.00 PROSECUTORIAL SERVICE FEE $ 50.00 HB 3211-JUDICIAL FUND FEE $ 40.00 RENEWAL EXTENDED COMMITMENT: (BEYOND I YEAR) COUNTY CLERK'S FEE $ 40.00 JUDICIAL EDUCATION FEE $ 3.00 JURY FEE (IF NEEDED) $ 22.00 JUROR EXPENSE REIMBURSEMENT FEE (IF NEEDED) ** JUDICIAL SERVICE FEE $ 50.00 JUDGE SALARY SUPPLEMENT FEE $ 10.00 SHERIFF'S FEE $ 45.00 APPOINTED ATTORNEY' S FEE * RECORDS MANAGEMENT & PRESERVATION FEE $ 5.00 COURTHOUSE SECURITY FEE $ 5.00 ALTERNATE DISPUTE RESOLUTION FEE $ 10.00 COURT REPORTER SERVICE FEE $ 15.00 FOURTH COURT OF APPEALS FEE $ 5.00 LAW LIBRARY FEE $ 5.00 SB 1534-INDIGENT FEE $ 5.00 PROSECUTORIAL SERVICE FEE $ 50.00 HEARING TO MODIFY ORDER FOR INPATIENT TREATMENT JUDGE SALARY SUPPLEMENT FEE $ 10.00 JUDICIAL SERVICE FEE $ 50.00 SHERIFF'S FEE $ 45.00 APPOINTED ATTORNEY' S FEE RECORDS MANAGEMENT & PRESERVATION FEE $ 5.00 PROSECUTORIAL SERVICE FEE $ 50.00 HEARING TO MODIFY ORDER FOR OUTPATIENT TREATMENT JUDGE SALARY SUPPLEMENT FEE $ 10.00 JUDICIAL SERVICE FEE $ 50.00 SHERIFF'S FEE $ 45.00 APPOINTED ATTORNEY'S FEE * RECORDS MANAGEMENT & PRESERVATION FEE $ 5.00 PROSECUTORIAL SERVICE FEE $ 50.00 CHEMICAL DEPENDENCY HEARINGS: (APPLICABLE TO BOTH COURT-ORDERED CHEMICAL DEPENCENCY TREATMENT AND RENEWAL OF AN ORDER FOR COURT-ORDERED CHEMICAL DEPENDENCY TREATMENT) COUNTY CLERK'S FEE $ 40.00 JUDICIAL EDUCATION FEE $ 3A0 JURY FEE (IF NEEDED) $ 22.00 JUROR EXPENSE REIMBURSEMENT FEE (IF NEEDED) ** JUDICIAL SERVICE FEE $ 50.00 JUDGE SALARY SUPPLEMENT FEE $ 10.00 SHERIFF'S FEE $ 45.00 APPOINTED ATTORNEY'S FEE RECORDS MANAGEMENT & PRESERVATION FEE $ 5.00 COURTHOUSE SECURITY FEE $ 5.00 ALTERNATE DISPUTE RESOLUTION FEE $ 10.00 COURT REPORTER SERVICE FEE $ 15.00 FOURTH COURT OF APPEALS FEE $ 5.00 LAW LIBRARY FEE $ 5.00 SB 1534-INDIGENT FEE $ 5.00 PROSECUTORIAL SERVICE FEE $ 50.00 HB 3211-JUDICIAL FUND FEE $ 40.00 MENTAL RETARDATION COMMITMENT: COUNTY CLERK'S FEE $ 40.00 JURY FEE (IF NEEDED) $ 22.00 JUROR EXPENSE REIMBURSEMENT FEE (IF NEEDED) ** SHERIFF'S FEE $ 45.00 APPOINTED ATTORNEY'S FEE * RECORDS MANAGEMENT & PRESERVATION FEE $ 5.00 COURTHOUSE SECURITY FEE $ 5.00 ALTERNATE DISPUTE RESOLUTION FEE $ 10.00 COURT REPORTER SERVICE FEE $ 15.00 FOURTH COURT OF APPEALS FEE $ 5.00 LAW LIBRARY FEE $ 5.00 SB 1534-INDIGENT FEE $ 5.00 HB 3211-JUDICIAL FUND FEE $ 40.00 * APPOINTED ATTORNEY'S FEE: $ 5000 PER HOUR $ 25.00 PER HALF HOUR FOR THE CONVENIENCE OF THE APPOINTED ATTORNEYS, THEIR FEES FOR MEDICAL PETITION HEARINGS AND FOR MENTAL HEALTH COMMITMENT HEARINGS ARE COMBINED AND BILLED TOGETHER IN THE BILL FOR THE MENTAL HEALTH COMMITMENT. IF CAUSE IS DISMISSED, THERE IS LITTLE DIFFERENCE IN THE FEES. ** THE JUROR EXPENSE REIMBURSEMENT FEE IF 6 PEOPLE SERVE IS $15.00 EACH PER DAY OR $90.00 FOR THE JURY PER DAY. IF A VENIRE PERSON REPORTS BUT IS NOT SELECTED FOR JURY DUTY THE JUROR EXPENSE FEE FOR THAT PERSON IS $6.00 PER DAY.