DRDER NO. 27@77 AF'PRDVRL OF INTERLDCRL CONTRRCT FOR KERRVILLE STRTE HDSF'ITRL HERRINGS AND SETTING FEES Dn this the ~°ith day of June, 2@@1 ~_ipon motion made by Commissioner- Williams, seconded by Commissioner Griffin, the Co~_irt unanimously approved by a vote of 4-@-@, the inter•local contract for- Ker•r•ville State Hospital Hearing and setting of fees therein provided and authorize County Judge to sign same. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Jannett Pieper MEETING DATE: June 25, 2001 OFFICE: County Clerk TIME PREFERRED: AM SUBJECT: (PLEASE BE SPECIFIC) Consider and approval of Interlocal Contract for Kerrville State Hospital Hearings and setting of fees therein provided. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: Jannett Pieper 5 Minutes IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday. THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: AII Agenda Requests will be screened by the Couaty Judge's Office to determine if adequate information has been prepazed for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towazds you request being addressed at the eazliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. ^ STATE OF TEXAS § COUNTY OF KERB § 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 2001, pursuant to the terms of Chapter 791, Texas Government Code, by and between the Commissioners' Court of County, Texas, hereinafter "and the Commissioners' Court of Ken County, Texas, hereinafter "Kerr," for the purpose of providing certain services relating to mental health, manta[ 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, Kerrville, 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 treatment available, by commitment to the Kerrville State Hospital, as well as residents who are 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 set 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 maybe 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 the county clerk of the county in which the proposed patient: (I) resides; (2) is found; or (3) is receiving mental health services by court order or under Subchapter A, Chapter 573 (§ 573.001) of the Code (Apprehension by a Peace Officer Without a Warrant); and WHEREAS, § 574.061 of the Code provides that a request to modify an order for inpatient treatment and § 574.062 of the Code provides that a motion for modification of an order for outpatient treatment must be with the judge of the court that entered the order sought to be modified; and WHEREAS, § 462.062 (b) of the Code provides that an application for 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 retardation services must be flied with the county clerk of the 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 the Code or for whom an application for court-ordered mental health services under §§ 574.034 or 574.035 of the Code has been filed, 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 2 '-' WHEREAS, both County and Ken County have jurisdiction over such proceedings where the proposed patient is a resident of County and (1) is found in Ken County; {2) is receiving court-ordered mental health services, court-ordered mental retardation services or treatment for chemical dependency at the Kemille State Hospital in Kerr County; or {3) is brought to the Kerrville State Hospital by a peace officer without a warrant under the provisions of § 462.041 of the Code or Subchapter A, Chapter S73 (§ 573.001) ofthe 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 Kerrville 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 the Code or for whom an application for court-ordered mental health services under §§ 574.034 or 574.035 of the Code has been filed; and WHEREAS, given the time constraints set out in the Code, and the difficulty and expense of transporting patients, hospital employees, witnesses, judges, magistrates and "'~ attorneys to and from County for such hearings, it is impractical for County to hold hearings 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 health services, hearings on applications for renewal of an order for extended mental health services, hearings on applications for court-ordered chemical dependency treatment, hearings on applications for renewal of an order for court-ordered chemical dependency treatment, hearings for modification of order for inpatient treatment, hearings for modification of order for outpatient treatment, hearings on petitions seeking an order to authorize the 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 the administration of a psychoactive medication to certain patients ai the Kerrville State Hospital, within the geographical confines of County; and WFIEREAS, County finds that the most appropriate, safe and expeditious site for said hearings is the Kerrville State Hospital in Kerrville, Ken 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 Kerrville State Hospital be represented by the Ken County, Texas prosecutor charged .~ with said responsibility and further desires that at the aforementioned hearings concerning 3 "' 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 Retardatiott And Chemical Dependency Commitment Hearings And Psychoactive Medication Hearings At Kerrville State 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 it is approved by order of the commissioners' court of each county, and is to end on September 30, 2002, unless renewed by mutual 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 this 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 or at a later date upon the agreement of the parties, if circumstances so warrant. 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 I" of the budget year preceding the renewal period or at a later date upon the agreement of the parties, if circumstances so warrant. 1.4 Either party may cancel this agreement for any reason by notifying the other in writing at least thirty (30) days prior to the effective date of the cancellation. All amounts due and owing to Ken 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. a -- § 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 term 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 that 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. DUTIES OF KERR COUNTY 4.1 Kerr County agrees that it will assume jurisdiction over all court-ordered mental ^ health proceedings, mental retardation proceedings, chemical dependency treatment matters and all psychoactive medication hearings which concern residents of County that are properly filed in or transferred to the Kett County Court with jurisdiction. 4.2 Kerr County shall have no duty to accept jurisdiction or proceed with any court- ordered commitment or treatment proceeding where the terms of this contract have not been complied with, including the terms concerning the duty of County to make payment to Kerr County for the costs as set out herein, for all hearings which involve its residents. 4.3 It is understood and agreed that pursuant to §§ 462.004 and 571.016, of the Code, the Kerr County Attorney or his properly-assigned designee is the attorney for the State in any hearing covered by this agreement and therefore retains alt of the independent discretionary authority given by the statutes and Constitution of the State of Texas. This agreement shall not be construed to limit that authority in any form or fashion and the decision of the County Attorney is final as to whether the State will proceed in any action covered by this agreement, including appeal, and as to the means and methods employed. s §5. DUTIES OF COUNTY 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 non-confidentiality 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 §§ 573.024 & 462.041 of the Code be found to be entitled to release, County shall pay the cost of transporting that person to the location of the person's apprehension, the person's residence or another suitable location, as required by §§ 573.024 & 462.041 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 (mental retardation) and 574.107 (psychoactive medication) of the Code in accordance with the "Kerr County Clerk's Statement of Proposed Costs for the Budget Year 2001-2002," infra. 5.4 For all cases, to Kerr County the following costs: County does also agree to pay a. All other court costs, set by law, and such other costs set either by order of the Kerr County Commissioners Court or by the judge who holds the hearings as set out in this agreement, under authority of law. b. All costs authorized by law for appeals to a Texas Court of Appeals or to 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 this Interlocal Agreement, as well as travel expenses and office expenses related to production and mailing of any appellate brief covered by this Interlocal Agreement. 6 d. All costs, including bonds, authorized or mandated by law for any proceedings in Federal Court involving a County resident covered by this agreement. e. All compensation of court-appointed personnel, such as attorneys, physicians, language interpreters, sign interpreters and masters as provided in § 571.017 of the Code. 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 the County Judge of County, Texas at the address below and all payments due under this agreement sha(1 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 Fred Henneke, County Judge Ken County, Texas Kerr County Courthouse 700 Main Street Kerrville, Texas 78028 Texas 7 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. County Judge Date: APPROVED: County Attorney Datc: Fred Henneke, Kerr County Judge Date: APPROVED: David Motley, Kerr County Attorney Date: ATTEST: County Clerk Date: ATTEST: Jannett Pieper, Kerr County Clerk Date: This agreement was adopted by [he Commissioners' Court of Kerr County, at Kerrville, Texas, by order number , on the day of , 2001, and by the Commissioners' Court of County, Texas, on the day of 2001. 8 -^ KERB COUNTY CLERK'S STATEMENT OF PROPOSED COSTS FOR T$E BUDGET YEAR 2001-2002. TEMPORARY COMMITMENT: (OPC - 90 DAYS) COUNTY CLERK'S FEE S 40.00 JUDICIAL EDUCATION FEE $ 5.00 JURY FEE (IF NEEDED) S 22.00 JUROR EXPENSE RERvfBURSEMENT FEE (ff NEEDED) '• IIIDICIAL SERVICE FEE $ 50.00 JUDICAAI, SALARY SUPPLEMENT FEE $ 10.00 SHERIFF'S FEE $ 60.00 APPOINTED ATTORNEY'S FEE RECORDS MANAGEMENT' & PRESER NATION FEE S 5.00 COURTHOUSE SECURFIY FEE $ 5.00 ALTERNATE DISPUTE RESOLUTION FEE $ 10.00 COURT REPORTER SERVICE FEE S 15.00 FOURTH COURT OF APPEALS FEE $ 5.00 LAW LIBRARY FEE S 35.00 SB 1534-INDIGENT FEE $ 5.00 PROSECUTORIAL SERVICE FEE S 50.00 HB 3211-JUDICIAL FUND FEE $ 40.00 IF A PATIENT PROPOSED FOR MENTAL HEALTH SER VICES IS DISCHARGED PRIOR TO THE TEMPORARY COMMITMENT HEARING, THE KERR COUNTY CLERK WILL NOT BII,L THE COUNTY RESPONSIBLE FOR THE PROPOSED PATIENT'S COSTS FOR: A JURY FEE, A JUDICIAL SER VICE FEE, A JUDICIAL SALARY SUPPLEMENT FEE, A PROSECiIIORIAL SERVICE FEE OR A HB-3211 JUDTCIAI, FUND FEE. EXTENDED COMMITMENT: (UP TO 1 YEAR) COUNTY CLERK'S FEE S 40.00 JUDICIAL EDUCATION FEE S 5.00 JURY FEE (IF NEEDID) S 22.00 JUROR EXPENSE REIt~iBURSF_MEN'f FEE (ff NEEDED) JUDICL4I. SERVICE FEE S 50.00 JUDGE SALARY SUPPLEMENT FEE S 10.00 SIIER)FF'S FEE S 60.00 APPOINTED ATTORNEY'S FEE RECORDS MANAGEMENT & PRESERVATION FEE S 5.00 COURTHOUSE SECURFI'Y FEE S 5.00 ALTERNATE DLSPUTE RESOLUTION FEE S 10.00 COURT REPORTER SERVICE FEE S 15.00 FOURTH COURT OF APPEALS FEE S 5.00 LAW LIBRARY FEE S 35.00 SB 1534-INDIGENT FEE S 5.00 PROSECUTORIAL SERVICE FEE S 50.00 HB 3211-JUDICIAL FUND FEE S 40.00 RENEWAL EXTENDED COMMITMENT: BEYOND 1 YEAR) COUNTY CLERK'S FEE $ 40.00 JUDICIAL EDUCATION FEE $ 5.00 JUDICIAL SERVICE FEE S 50.00 JUDGE SALARY SUPPLEMENT FEE $ 10.00 SHERIFF'S FEE $ 60.00 APPOINTED ATTORNEY'S FEE ' RECORDS MANAGEMENT Bc 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 S 5.00 LAW LIBRARY FEE S 35.00 SB 1534-INDIGENT FEE $ 5.00 PROSECUTORIAL SERVICE FEE $ 50.00 HB 3211-JUDICIAL FUND FEE S 40.00 HEARING TO MODIFY ORDER FOR INPATIENT TREATMENT JUDGE SALARY SUPPLEMENT FEE $ 10.00 JUDICIAL SERVICE FEE $ 50.00 SHERIFF'S FEE $ 60.00 APPOINTED ATTORNEY'S FEE RECORDS MANAGEMENT & PRESERVATION FEE S 5.00 PROSECUTORIAL SERVICE FEE $ 50.00 HEARING TO MODIFY ORDER FOR OUTPATIENT TREATMENT JUDGE SALARY SUPPLEMENT FEE S f0.00 JUDICIAL SERVICE FEE $ 50.00 SHERIFF'S FEE S 60.00 APPOII~TED ATTORNEY'S FEE RECORDS MANAGEMENT & PRESERVATION FEE S 5.00 PROSECUTORIAL SERVICE FEE S 50.00 MEDICAL PETITION FEES: (PSYCHOACTIVE MEDICATION PETITION; APPLICABLE TO HEARING ON MOTION TO MODIFY OR REAUTHORIZE MEDICATION ORDER) COUNTY CLERK'S FEE S 40.00 JUDICIAL EDUCATION FEE S 5.00 JUDGE SALARY SUPPLEMENT FEE S 10.00 JUDICIAL SERVICE FEE S 50.00 SHERIFF'S FEE $ 60.00 APPOINTED ATTORNEY'S FEE RECORDS MANAGEMENT & PRESERVATION FEE S 5.00 COURTHOUSE SECURITY FEE S 5.00 ALTERNATE DISPUTE RESOLUTION FEE S 10.00 COURT REPORTER SERVICE FEE S 15.00 FOURTH COURT OF APPEALS FEE S 5.00 LAW LIBRARY FEE S 35.00 SB 1534-INDIGENT FEE S 5.00 PROSECUTORIAL SERVICE FEE S 50.00 HB 321 I-JUDICIAL FUND FEE S 40.00 10 CHEMICAL DEPENDENCY HEARINGS: (APPLICABLE TO BOTH COURT-0RDERED CHEMICAL DEPENDENCY TREATMENT' AND RENEWAL OF AN ORDER FOR COURT-0RDERED CHEMICAL DEPENDENCY 7REATMENT) COUNTY CLERK'S FEE S 40.00 JUDICIAL EDUCATION FEE S 5.00 JURY FEE (IF NEEDED) S 22.00 JUROR EXPENSE REIIviBURSEMENT FEE (IF NEEDED) •• JUDICIAL SERVICE FEE $ s0.00 JUDGE SALARY SUPPLEMENT FEE $ 10.00 SHERIFF'S FEE $ 60.00 APPOINTED ATTORNEY'S FEE RECORDS MANAGEMENT & PRESERVATION FEE $ 5.00 COURTHOUSE SECURITY FEE S 5.00 ALTERNATE DISPUTE RESOLUTION FEE $ 10.00 COURT REPORTER SERVICE FEE $ 15.00 FOURTH COURT OF APPEALS FEE S 5.00 LAW LIBRARY FEE S 35.00 SB 1534-INDIGENT FEE S 500 PROSECUTORIAL SERVICE FEE S 50.00 HB 3211-JUDICIAL FUND FEE $ 40.00 MENTAL RETARDATION COMMITMENT: COUNTY CLERK'S FEE S 40.00 JURY FEE (IF NEEDED) S 22.00 JUROR EXPENSE REA~IBURSEMENT FEE (IF NEEDED) SHERIFF'S FEE $ 60.00 APPOINTED ATTORNEY'S FEE ' RECORDS MANAGEMENT & PRESERVATION FEE S 5.00 COURTHOUSE SECURII'1' FEE S 5.00 ALTERNATE DISPUTE RESOLUTION FEE S 10.00 COURT REPORTER SERVICE FEE S 15.00 FOURTH COURT OF APPEALS FEE S 5.00 LAW LIBRARY FEE S 3s.00 SB 1534-INDIGENT FEE $ 5.00 HB 3211-JUDICIAL FUND FEE S 40.00 ' APPOINTED ATTORNEY'S FEE: S 50.00 PER HOUR S 25.00 PER HALF HOUR FOR THE CONVENIENCE OF THE APPOINTED ATTORNEYS, THEIlt FEES FOR MEDICAL PETITION HEARINGS AND FOR MENTAL HEALTH COMMITMENT HEARINGS ARE COMBINED AND BII.LED TOGETHER IN THE BILL FOR THE MENTAL HEALTH COMMITMENT. '~~ THE JUROR EXPENSE REIlvfBURSEMENT FEE IF 6 PEOPLE SERVE IS 515.00 EACH PER DAY OR 590.00 FOR THE JURY PER DAY. IF A VENIItE PERSON REPORTS BUT IS NOT SELECTED FOR JURY DUTY THE IUROR EXPENSE FEE FOR THAT PERSON IS 56.00 PER DAY. 11