Hays County defendants deemed incompetent to stand trial could soon receive treatment in the county jail under a program approved Jan. 6 by the Commissioners Court.

The overview

After several months of collaboration between the Commissioners Court, the Criminal District Attorney’s office, the Sheriff’s office and Hill Country Mental Health, the Jail-Based Competency Restoration Program will provide mental health services on-site to qualified individuals in the Hays County jail who are awaiting trial.

“This is actually a major issue because of the mental health crisis that we’ve got in our country [and] county, that we’ve been trying to ... deal with for the last couple of years,” said Landon Campbell, division chief and assistant criminal district attorney, at the meeting.

A closer look


Texas law states that defendants must be considered competent to stand trial.

According to a news release from Hays County, competent individuals can:
  • Understand the charges brought against them
  • Assist their defense attorney
  • Meaningfully participate in their legal strategy
If an individual is deemed incompetent to stand trial and ineligible for outpatient care, they are placed on a waitlist to be transferred to the state hospital system. The JBCR program will bring services directly to the county jail, rather than requiring defendants to wait for placement in a state hospital.

“Right now, people are sitting in our jail, not moving forward with their cases, not able to defend themselves and simply waiting for treatment,” Campbell said in the release.

The program is designed not to push individuals through the criminal justice system, but to connect them with the care they need and additional county resources, including assisted outpatient treatment, he said.


Assessing the need

In Hays County, individuals are waiting nearly 300 days to receive competency care from the state. This costs the county roughly $45,000 per person, Judge Ruben Becerra said. With 24 people in the Hays County jail currently awaiting competency restoration treatment, the total estimated cost to the county is approximately $1.08 million.

“We’re spending significant taxpayer dollars while getting nothing in return,” Becerra said in the news release.

How it’s funded


The JBCR program is funded by a state grant, which will pay Hill Country Mental Health for its services. The county will be responsible for funding medications, provided through an existing contract with Wellpath LLC.

Related highlights

Hill Country Mental Health also offers a similar service in neighboring Comal County.

“We’re seeing a 75% success rate in restoring competency within 60 days or less, sometimes even within 30 days,” said Michelle Zaumeyer, director of forensic services for Hill Country Mental Health. “This partnership has the ability to make a real difference for the 24 individuals currently waiting for services in Hays County.”


Stay tuned

County officials expect to implement the program in the coming months.