Amends TCA Title 13, Chapter 23, Part 1 and Title 33.

This bill provides that the Tennessee housing development agency is authorized to provide for the construction, maintenance, and funding, for up to two years of services, for a sanctioned camping site for individuals lacking a stable home. The campsites must allow individuals to camp and store personal property, or must provide small-unit shelters housing no more than two individuals. The campsites must be secure and provide access to electricity, potable water, showers, and bathroom facilities. Such campsites must limit occupation to no more than two consecutive years unless there are extenuating circumstances. A public or private operator of such a campsite is immune from liability from the acts of individuals residing on the site except in cases of gross negligence. If the agency determines that extenuating circumstances justify occupation by an individual for more than two consecutive years, services must continue to be provided to the individual during the extended period.<br /> <br /> The agency is also authorized to provide for pay-for-performance contracts for individuals lacking a stable home for up to two years. The contracts must assist such individuals with substance use, mental health treatment, and other similar services, including short-term housing support. The agency must provide up to 25 percent of the base allocation of such contracts as performance payments to the contracting individual or group of individuals that can meet pre-defined goals for reducing the amount of days such individual or group is unhoused, in jail or prison, or hospitalized. If a public entity other than the agency maintains data that may assist the agency with evaluating pay-for-performance contracts executed under this subsection, then the entity must provide access to such data to the agency upon request. <br /> <br /> This bill requires that agency funds, or federal funds received by the agency for which there are not explicit requirements for such uses under federal law or regulation, must not be used to construct permanent supportive housing for the homeless but may be sued for the programs described. The agency must prioritize the use of awards for programs established under these provisions in those counties that have an above-average level of unsheltered homeless individuals per capita, as calculated by the most recent federal decennial census and the most recent point-in-time count of homelessness required by the United States department of housing and urban development.<br /> <br /> JUDICIAL COMMITMENT FOR INVOLUNTARY CARE AND TREATMENT<br /> <br /> Under present law, if and only if a person has a mental illness or serious emotional disturbance; the person poses a substantial likelihood of serious harm because of the mental illness or serious emotional disturbance; the person needs care, training, or treatment because of the mental illness or serious emotional disturbance, and all available less drastic alternatives to placement in a hospital or treatment resource are unsuitable to meet the needs of the person, then the person may be judicially committed to involuntary care and treatment in a hospital or treatment resource in proceedings conducted in conformity with law. <br /> <br /> This bill deletes the provisions above and provides, instead, that a person may be judicially committed to involuntary care and treatment in a hospital or treatment resource, or to assisted outpatient treatment, in proceedings conducted in conformity with law, if: <br /> <br /> (1) The person has a mental illness or serious emotional disturbance; <br /> <br /> (2) The person poses a substantial likelihood of serious harm because of the mental illness or serious emotional disturbance, or the person's condition resulting from the mental illness or serious emotional disturbance is likely to deteriorate rapidly to the point that the person will pose a substantial likelihood of serious harm; <br /> <br /> (3) The person needs care, training, or treatment because of the mental illness or serious emotional disturbance; and <br /> <br /> (4) All available less drastic alternatives to placement in a hospital or treatment resource are unsuitable to meet the needs of the person. <br /> <br /> RELEASE FROM HOSPITALIZATION SUBJECT TO OUTPATIENT TREATMENT<br /> <br /> Under present law, if on the basis of a review of the person's history before and during hospitalization, the hospital staff concludes that the person has a mental illness or serious emotional disturbance or has a mental illness or serious emotional disturbance in remission; the person's condition resulting from mental illness or serious emotional disturbance is likely to deteriorate rapidly to the point that the person will pose a likelihood of serious harm unless treatment is continued; the person is likely to participate in outpatient treatment with a legal obligation to do so; the person is not likely to participate in outpatient treatment unless legally obligated to do so, and mandatory outpatient treatment is a suitable less drastic alternative to commitment, then the person must be eligible for discharge subject to the obligation to participate in any medically appropriate outpatient treatment, including, but not limited to, psychotherapy, medication, or day treatment, under a plan approved by the releasing facility and the outpatient qualified mental health professional. <br /> <br /> This bill deletes the provisions above and provides, instead, that a person is eligible for discharge subject to the obligation to participate in a medically appropriate outpatient treatment, including, but not limited to, psychotherapy, medication, or day treatment, under a plan approved by the releasing facility and the outpatient qualified mental health professional if, on the basis of a review of the person's history before and during hospitalization, the hospital staff concludes that: <br /> <br /> (1) The person has a mental illness or serious emotional disturbance or has a mental illness or serious emotional disturbance in remission; <br /> <br /> (2) The person's condition resulting from mental illness or serious emotional disturbance is likely to deteriorate rapidly to the point that the person will pose a substantial likelihood of serious harm unless treatment is continued; <br /> <br /> (3) The person is likely to participate in outpatient treatment with a legal obligation to do so; <br /> <br /> (4) The person is not likely to participate in outpatient treatment unless legally obligated to do so; and <br /> <br /> (5) Mandatory outpatient treatment is a suitable less drastic alternative to commitment. <br /> <br /> This bill requires a person to participate in any medically appropriate outpatient treatment, including, but not limited to, psychotherapy, medication, or day treatment, under a plan approved by the releasing facility and the outpatient qualified mental health professional if, on the basis of a review of the commitment criteria established, a court concludes that: <br /> <br /> (1) The person has a mental illness or serious emotional disturbance or has a mental illness or serious emotional disturbance in remission; <br /> <br /> (2) The person's condition resulting from mental illness or serious emotional disturbance is likely to deteriorate rapidly to the point that the person will pose a substantial likelihood of serious harm unless treatment is started; <br /> <br /> (3) The person is likely to participate in outpatient treatment with a legal obligation to do so; <br /> <br /> (4) The person is not likely to participate in outpatient treatment unless legally obligated to do so; and <br /> <br /> (5) Mandatory outpatient treatment is a suitable less drastic alternative to commitment.<br /> <br /> OUTPATIENT TREATMENT PLAN<br /> <br /> Under present law, in developing the plan, the releasing facility and the outpatient qualified mental health professional must consult with the service recipient; the service recipient's parents, legal custodian, or legal guardian if the service recipient is a child; and the service recipient's conservator, if any. Subject to obtaining any necessary consent before making a disclosure of patient information relating to outpatient treatment, the releasing facility and the outpatient qualified mental health professional may also consult with the service recipient's spouse or other adult family member with whom the service recipient would live concerning the outpatient treatment plan. Before approving the outpatient treatment plan, the releasing facility and the outpatient qualified mental health professional must obtain the service recipient's consent to the plan to the extent practical and must obtain the consent of the service recipient's parents, legal custodian, or legal guardian if the service recipient is a child.<br /> <br /> The releasing facility must provide a clear written statement of what the service recipient must do to stay in compliance with the plan to the service recipient; the service recipient's parents, legal custodian, or legal guardian if the service recipient is a child; the service recipient's spouse or other adult family member with whom the service recipient would live; and the service recipient's conservator. If the service recipient is a child, the statement must specify the duties of the service recipient's parents, legal custodian, or legal guardian. <br /> <br /> This bill deletes the provisions above and provides, instead, that in developing the plan for assisted outpatient treatment after release from a hospital, the releasing facility and the outpatient qualified mental health professional must consult with the service recipient; the service recipient's parents, legal custodian, or legal guardian if the service recipient is a child; and the service recipient's conservator, if any. Subject to obtaining any necessary consent before making a disclosure of patient information relating to outpatient treatment, the releasing facility and the outpatient qualified mental health professional may also consult with the service recipient's spouse or other adult family member with whom the service recipient would live concerning the outpatient treatment plan. Before approving the outpatient treatment plan, the releasing facility and the outpatient qualified mental health professional must obtain the service recipient's consent to the plan to the extent practical and must obtain the consent of the service recipient's parents, legal custodian, or legal guardian if the service recipient is a child. <br /> <br /> The releasing facility must provide a clear written statement of what the service recipient must do to stay in compliance with the plan to the service recipient; the service recipient's parents, legal custodian, or legal guardian if the service recipient is a child; the service recipient's spouse or other adult family member with whom the service recipient would live; and the service recipient's conservator. If the service recipient is a child, the statement must specify the duties of the service recipient's parents, legal custodian, or legal guardian. The plan must be shared with the court and incorporated into the order of commitment. The court may enforce compliance with the plan. <br /> <br /> In developing the plan for assisted outpatient treatment unrelated to previous inpatient treatment, the outpatient qualified mental health professional must consult with the service recipient; the service recipient's parents, legal custodian, or legal guardian if the service recipient is a child; and the service recipient's conservator, if any. Subject to obtaining any necessary consent before making a disclosure of patient information relating to outpatient treatment, the outpatient qualified mental health professional may also consult with the service recipient's spouse or other adult family member with whom the service recipient would live concerning the outpatient treatment plan. Before approving the outpatient treatment plan, the outpatient qualified mental health professional must obtain the service recipient's consent to the plan to the extent practical and must obtain the consent of the service recipient's parents, legal custodian, or legal guardian if the service recipient is a child. <br /> <br /> The outpatient qualified mental health professional must provide a clear written statement of what the service recipient must do to stay in compliance with the plan to the service recipient; the service recipient's parents, legal custodian, or legal guardian if the service recipient is a child; the service recipient's spouse or other adult family member with whom the service recipient would live; and the service recipient's conservator. If the service recipient is a child, the statement must specify the duties of the service recipient's parents, legal custodian, or legal guardian. The plan must be shared with the court and incorporated into the order of commitment. The court may enforce compliance with the plan.<br />