Amends TCA Title 4; Title 8; Title 16; Title 39 and Title 40.

ON APRIL 27, 2022, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 2663, AS AMENDED. AMENDMENT #1 rewrites this bill and enacts the "Mental Health Treatment Act of 2022." This amendment states the intent of the general assembly through this Act to create programs to facilitate the implementation of new, and the continuation of existing, mental health treatment court programs in all counties within this state in order to, among other goals, reduce the use of jail and prison beds and other correctional services by offenders with mental health disorders by diverting them into treatment programs and promoting effective interaction and the use of resources among local criminal justice agencies and community agencies. This amendment requires the department of mental health and substance abuse services to administer mental health treatment court programs by: (1) Defining, developing, and gathering outcome measures for mental health treatment court programs relating to the purposes and goals stated in the Act; (2) Collecting, reporting, and disseminating mental health treatment court program data; (3) Supporting a state mental health treatment mentor program; (4) Sponsoring and coordinating mental health treatment court program training; (5) Administering and evaluating mental health treatment court programs; and (6) Developing standards of operation for mental health treatment court programs to ensure that funds are allocated to meet the greatest need. This amendment requires the department to consult and collaborate with the Tennessee district attorney general's conference and the public defenders conference. Under this amendment, a court exercising criminal jurisdiction within this state or an existing drug court treatment program or a veterans treatment court program created by a court exercising criminal jurisdiction may apply for mental health treatment court program grant funds. If the department of mental health and substance abuse services determines that the court is able to administer a mental health treatment court program, then the department will award the court grant money to fund a mental health treatment court program. If the department determines that a court is able to administer a mental health treatment court program and grant money is awarded, then the county in which the court resides must provide a courtroom and a judge for the mental health treatment court program and all necessary supplies and equipment for the maintenance of the court, and shall defray the expenses thereof from the general fund of the county. This amendment specifies that the funds may be used to: (1) Fund a full-time or part-time program director position; (2) Fund treatment court program staff whose job duties are directly related to program operations; (3) Fund mental health treatment and other direct services for court program participants; and (4) Fund program costs directly related to program operations. This amendment prohibits the use of the funds: (1) To pay for costs not directly related to mental health treatment court program operations; (2) To pay for additional judges to preside over a mental health treatment court program; (3) For construction or land acquisition; (4) To pay bonuses or commissions to any individuals or organizations; or (5) To form a corporation. This amendment requires that eligibility criteria be established to address public safety and consider a community's treatment capacity, in addition to the availability of alternatives to pretrial detention for defendants with severe and persistent mental illnesses; and to take into account the relationship between mental illness and a defendant's offenses, while allowing the individual circumstances of each case to be considered. Each participant in a mental health treatment court program: (1) Must not be a violent offender or sexual offender; (2) Must have a diagnosis of a severe and persistent mental illness; and (3) Must be willing to participate in the program. This amendment requires that mental health treatment court programs use a nonadversarial approach, and requires that the programs connect participants to comprehensive and individualized treatment supports and services in the community. This amendment also requires that data be collected and analyzed to demonstrate the impact of the mental health treatment court program.