ORDER NO.29480 INTERLOCAL AGREEMENT BETWEEN KERB COUNTY AND DALLAS COUNTY FOR FORENSIC COMMITMENT HEARINGS Came to be heard this the 28th day of November, 2005, with a motion made by Commissioner Baldwin, seconded by Commissioner Williams. The Court unanimously approved by vote of 4-0-0 to: Approve the Interlocal Agreement between Kerr County and Dallas County for holding their forensic commitment hearings. l:~ COMMISSIONERS' COURT AGENDA REQUEST a~~~c- PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Jannett Pie>l ex MEETING DATE: November 28, 2005 Office: County Clerk SUBJECT: (Please Be Specific) TIME PREFERRED: AM Consider discuss and take appropriate action approving the Interlocal Agreement between Kerr County and Dallas County for holding their forensic commitment hearings. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON): NAME OF PERSON ADDRESSING COURT: Jarmett Pieper ESTIMATED LENGTH OF PRESENTATION: 3 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 schedule for Mondays: 5:00 P.M. previous Tuesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court, Court Order No. 25722. KERR COUNTY ATTORNEY REX EMERSON COUNTY COURTHOUSE, SUITE BA-103 November 15, 2005 Jannett Pieper County Clerk RE. Dallas County Mental Health Contract Deaz Jannett: 700 MAIN STREET KERRVILLE, TEXAS 78028 I have reviewed the Dallas County contract and found it to be acceptable. It is my understanding that we do not regularly handle their non-forensic patients and we are covered within the statutes so I do not think the forensic limitation is an issue. Rex Emerson MAIN NUMBER (830) 792-2220 ~ HOT CHECKS (830) 792-2221 ~ FAX (830) 792-2228 DALLAS COUNTY `pJHSY Opd BILL HILL ~~,r£Oe~~+~y DISTRICT ATTORNEY CIVIL DIVISION October 25, 2005 Jannett Pieper Kerr County Clerk 700 Main Street, Suite 122 Kerrville, Texas 78028 Re: Interlocal Agreement Dear Ms. Pieper: Dallas County has received the Interlocal Agreement for mental health services sent by your office. We have rewritten the agreement and it is enclosed. We do not believe that an Interlocal Agreement is necessary between our counties for the provision of civil commitment proceedings for mental health or chemical dependency because the costs for those proceedings are clearly defined by the Texas Health and Safety Code in § 571.018 and § 462.005. However, the same is not true for forensic commitments. Therefore, if you would like to have an agreement regarding forensic commitments, then please review the enclosed document, and execute accordingly. Please contact me if you have any questions or would like to discuss this matter. Thank you for your consideration. Sincer~ely~, ~ ~ ~ ~'~ ~"c. Melanie Barton Assistant District Attorney Dallas County, Texas Enclosure Administration Building 411 Elm Street 5~h Floor Dallas, Texas, 75202 214/653-7358 Fax 214/653-6134 INTERLOCAL AGREEMENT FOR FORENSIC MENTAL HEALTH SERVICES PROVIDED BY KERRVILLE STATE HOSPITAL THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS COUNTY OF KERR This IN"I'ERLOCAL AGREEMENT is made and entered into by and between DALLAS COi JNTY and KERB COUNTY for the purpose of providing forensic mental health services, under Chapter 46B of the Texas Code of Criminal Procedure, to residents of Dallas County who are sent to Kerrville State Hospital in Kerry County, Texas. WHEREAS, the Interlocal Cooperation Act, Chapter 791, Texas Government Code, provides authorization for any local govemment to contract with one or more local governments and with agencies of the State of Texas to perform governmental functions and services under the terms of the Act; and WHEREAS, Dallas County, through its criminal courts, has sent persons to Kerrville State Hospital to regain competency for criminal prosecution in accordance with Chapter 46B of the Texas Code of Criminal Procedure; and WHEREAS, article 46B.077 (Individual Treatment Program) and article 468.086 (Court- Ordered Medications) of the Texas Code of Criminal Procedure, recite the statutory scheme whereby court-ordered mental health services may be provided to persons who are incompetent to stand trial; WHEREAS, such services cannot be provided in Dallas County and must be provided in a state hospital such as Kerrville State Hospital. NOW THEREFORE, be it resolved that Dallas County and Ken 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 ending on the following September 30"'. 1.2 Upon the expiration of the initial term of this agreement, same shall automatically be renewed for successive one year periods beginning October ls` and ending on the following September 30s', unless terminated by either party, as herein provided. 1.3 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 Kerr County pursuant to this agreement as of the effective date of cancellation shall be paid by Dallas 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 term has been applied and construed by the Courts. 3. FUNDING REQUIREMENTS 3.1 Dallas 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 Failure of the Commissioners Court of Dallas County to terminate this agreement shall be deemed to be a certification that the obligation incurred by the continuation of this agreement shall be payable out of current revenues and that Dallas County has or will set aside a fund in an amount sufficient to satisfy any obligation created by this agreement. 4. DUTIES OF DALLAS COUNTY 4.1 Dallas County agrees to pay to Kerr County the costs associated with any hearing conducted by Kerr County officials as authorized under article 46B.077 (Individual Treatment Program) or 46B.086 (Court-Ordered Medications) of the Code of Criminal Procedure, and in accordance with the "Kerr County Clerk's Schedule or Statement of Costs" as may be then currently in effect. 5. PAYMENTS 5.1 All bills for costs shall be submitted to the County Judge of Dallas 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. 6. MISCELLANEOUS 6.1 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. Margaret Keliher, County Judge Dallas County, Texas 411 Elm Street, Suite 200 Dallas, Texas 75202 Pat Tinley, County Judge Kerr County, Texas Kerr County Courthouse 700 Main Street Kerrville, Texas 78028 6.2 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. 6.3 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. 6.4 The obligations and undertakings of each of the parties to this ageement shall be performable in Kerr County, Texas. 6.5 This Agreement shall be expressly subject to the sovereign immunity of both Dallas County and Kerr County, Title 5 of the Texas Civil Practice and Remedies Code, as amended, and all applicable federal and state law. This Agreement shall be governed by and construed in accordance with the laws and case decisions of the State of Texas. Exclusive venue for any legal action regarding this Agreement filed by either County shall be in Dallas County, Texas. Margaret Keliher, Dallas County Judge Date: APPROVED: Bob Schell, Chief, Civil Division ATTEST: Dallas County Clerk t ey, Kerr County Judg ~~ '"~.CO~ ~~ ~9 o ~ Date: ~~ Z~'Zta0.5 : ~ ^y,f; i ~~ Q APPROVED: X99 COUN'~`1'~C``-i- Rex merson, Kerr County Attorney ATTEST: Ja ett Pieper, Kerr County Jerk This agreement was adopted by the Commissioners CourC of Ken County, at Kemille, Texas, by Court Order No. 29480 , on the 28thday of November , 2005 ,and by the Commissioners Court of Dallas County, Texas on the _ day of 200_, Court Order No.