By Natalie Frels
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January 8, 2025
SAN MARCOS, Texas – On Tuesday, Jan. 7, the Hays County Commissioners Court approved letters of support for a future jail-based competency restoration (JBCR) program. In partnership with Hill Country MHDD, the program would provide therapy and treatment to help incompetent defendants understand the judicial system to assist their attorneys effectively in their own defense. According to Hays County District Attorney Kelly Higgins, the county currently houses all incompetent defendants in jail until such time as the state’s mental hospitals can accommodate and treat them. Many times, this involves a wait of more than a year, sometimes as much as 20 months. The county is responsible for the payment of these lengthy jail placements. This interminable delay in providing restoration treatment, in part, creates the issues the county must address through a JBCR program. “The anguish of our current system is that people on the margins are waiting in jail,” Higgins said. “The existing regime is the worst possible arrangement for these vulnerable persons.” With JBCR, the expenses related to these long waits will be obviated, and incompetent defendants may be restored to competency within a reasonable time, he explained. “What we’re dealing with are people who have maybe committed an act as a symptom of mental illness, yet because of the lack of statewide resources, we do need to be able to release people from jail to receive treatment,” Higgins said Tuesday. “I want to dignify these defendant’s liberty interests.” The court was unanimous in its support of the future program. Its vote to approve the letters of support is the first step in exploring a partnership with Hill Country MHDD for a future JBCR program. While some members of the public expressed concerns about the program, details regarding services and oversight will be addressed at a later date — an essential aspect of moving forward with a future JBCR program contract with Hill Country MHDD. “This is just the first step in the process,” said Precinct 2 Commissioner Dr. Michelle Cohen. “If it comes back to the court, we will review these services and what the oversight would be.” “We want to have meaningful treatment for these individuals that I don’t believe we’ve had in the past,” said Precinct 1 Commissioner Debbie Ingalsbe. “We need to be sure that if we move forward with these programs, the details are an important part of the contract.” “I do believe this program has the right intentions,” said Precinct 3 Commissioner Morgan Hammer. “There are needs we currently don’t have, but the District Attorney’s Office has shown compassion with this program; I think it’s in the right hands.” “We need services in general, and we cannot let the logistics outweigh the need,” said Precinct 4 Commissioner Walt Smith. “The state won’t step up and take care of the issue. I’m excited to see this finally come to fruition; this is an important first step.” ๏ปฟ Finally, Hays County Judge Ruben Becerra agreed with the commissioners, noting, “This judicial system has taken magnificent steps – leaps and bounds. Has everything been spot on? No, but we have moved the needle. It’s our job to take care of our residents. We are a unified front. This is one more spot on the kaleidoscope for a safe, prosperous community.”