Texas Involuntary Commitment (OCA)
| Submitted | Dec. 1, 2020 |
| Est. Completion | None |
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Communications
From: HIJ Action Lab
To Whom It May Concern:
The Health in Justice Action Lab at Northeastern University is interested in Texas’s involuntary commitment programs under Tex. Health & Safety Code Ann. § 462.062. Specifically, we are looking for data concerning individuals civilly committed for substance use and addiction treatment, the programmatic offerings for those individuals, and Texas’s response to COVID-19 in its civil commitment system.
In order to permit the public to understand how the state of Texas is administering involuntary commitment, the outcomes of that program, and the impact on Texas’s public health, the Health in Justice Action Lab is making this request pursuant to Tex. Gov't Code § 552.001 for the following records:
1. State-wide volume. Any record showing the number of people who were civilly committed for substance use and addiction in each year since 2015 to the latest available.
2. Demographic information. Any and all records reflecting de-identified demographic summary statistics, including (but not necessarily limited to) race, gender, age, and pregnancy status, pertaining to individuals who have been civilly committed for substance use and addiction, from 2015 to latest available.
3. Facility information. Summary statistics, reports, or relevant documentation detailing facilities that are used to house people civilly commitment for substance use and addiction, including the following information:
a. Summary of the number of individuals committed to each individual facility for substance use in each year since 2015, to latest available.
b. For each facility housing people civilly committed for substance use, summary of the number of individuals also being held on criminal charges in those same facilities
c. Which facilities employ or contract health care providers licensed to prescribe methadone and/or buprenorphine.
d. Number of individuals each facility is licensed to house.
e. State agency managing each facility housing people civilly committed for substance use disorder.
f. Any and all documentation noting the number of non-fatal and fatal overdose incidents within each facility housing people civilly committed for substance use disorder in each year since 2015.
4. Financial information. Summary statistics, reports, or relevant documentation regarding government resources or insurance funds that are used to pay for civil commitment for substance use/addiction in each year since 2015.
5. Re-entry planning. Any and all documentation regarding the re-entry planning process for people discharged from civil commitment for substance use disorder, including:
a. Overdose education and naloxone distribution
b. Linkage to treatment in the community
c. Linkage to housing in the community
d. Insurance assistance
e. Any other support or health services
6. External overdose data. Any and all documentation noting the number of overdose incidents of patients within 1 year of re-entry from civil commitment for substance use disorder/addiction in each year since 2015.
Because this request involves a matter of public concern and because it is made on behalf of a nonprofit organization, we ask that you waive any fees. If you decide not to waive fees, we request that you permit us to examine, at our election, the responsive documents before deciding which portions to transmit. We prefer the documents in electronic format.
Should you determine that some portion of the documents requested are exempt from disclosure, please release any reasonably segregable portions that are not exempt. In addition, please note the applicable statutory exemption and explain why it applies to the redacted portions. As you know, a custodian of public records shall comply with a request within five days after receipt.
Thank you for your assistance. We look forward to your response.
Sincerely,
Louis Miyara
Health in Justice Action Lab
Northeastern University
From: Office Of Court Administration
Dear Mr. Miyara,
I am responding to your request for public information (attached) which you submitted to the Office of Court Administration. Please note that the Office does not maintain records of the information you are seeking. The facilities for treatment of substance abuse which are the subject of much of your request are licensed by the Texas Department of State Health Services. Assuming there is an agency which is the custodian of the records you seek, it seems like the Department either would be that agency or would be in a position to refer you to the proper agency. You may view a portal for sate health data at https://dshs.texas.gov/chs/ I am also copying the DSHS Center for Health Statistics which may be able to provide you with the information you seek.
I hope this information is helpful to you.
Sincerely,
Scott Gibson
Assistant General Counsel
Texas Office of Court Administration
(512)463-1461
From: HIJ Action Lab
Hi Scott,
Thank you for your response. We had initially reached out to the Texas Department of State Health Services, who suggested that the Office of Court Administration might be the proper custodian. I understand that our request spans both court documents and public health documents. If there are any documents relating to court-ordered commitment for substance use, or an aggregation of that information, we request that you provide that documentation. If there are portions that are not within the scope of the OCA, we can gladly strike those portions of the request.
Thank you,
Louis Miyara
From: Office Of Court Administration
Hello again,
Unfortunately, the Office of Court Administration is not the custodian of these records. Under the statutes, there are some maintained by the clerks of court but much of it is confidential. You may have to seek the records from each of the clerks.
Sincerely,
Scott Gibson
Assistant General Counsel
Texas Office of Court Administration
(512)463-1461
From: HIJ Action Lab
Hello,
Thank you for your response. We were wondering if you could send us a comprehensive list of the clerks, so we can seek out records from them. Thank you for your assistance. We look forward to your response.
Sincerely,
Louis Miyara
Health in Justice Action Lab
Northeastern University
From: Office Of Court Administration
Hello,
Please see https://card.txcourts.gov/DirectorySearch.aspx
Public - Directory Search<https://card.txcourts.gov/DirectorySearch.aspx>
Main > Directory Search. To view our annual “published” version of the directory, click here.. To run a query for information in our judicial directory database, use the search criteria below:
card.txcourts.gov
For future reference, if you go to the Texas Judiciary website: www.txcourts.gov<http://www.txcourts.gov> and click on "judicial directory" on the dropdown list when you click on "judicial data".
After clicking the judicial directory database, you can search "personnel" "district" for court type and "clerk" for job tile. In this way you can search for county clerks, judges and other court personnel.
TJB - txcourts.gov<http://www.txcourts.gov/>
The Judicial Compensation Commission released its 2020 Report to the Legislature. Each biennium, the Commission is required to take into consideration several factors, most importantly, the level of overall compensation adequate to attract the most highly qualified individuals in the state, from a diversity of life and professional experiences, to serve in the judiciary without unreasonable ...
www.txcourts.gov
Sincerely,
Scott Gibson
Assistant General Counsel
Texas Office of Court Administration
(512)463-1461
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