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Texas Laws | Criminal Procedure
CODE OF CRIMINAL PROCEDURE
TITLE 1. CODE OF CRIMINAL PROCEDURE

Added by Acts 2005, 79th Leg., Ch. 831 (S.B. 837), Sec. 2, eff. September 1, 2005. (12454)

Art. 46C.253. HEARING ON DISPOSITION. (12455)(Text)

(a) The hearing on disposition shall be conducted in the same manner as a hearing on an application for involuntary commitment under Subtitle C or D, Title 7, Health and Safety Code, except that the use of a jury is governed by Article 46C.255. (12456)

(b) At the hearing, the court shall address: (12457)

(1) whether the person acquitted by reason of insanity has a severe mental illness or mental retardation; (12458)

(2) whether as a result of any mental illness or mental retardation the person is likely to cause serious harm to another; and (12459)

(3) whether appropriate treatment and supervision for any mental illness or mental retardation rendering the person dangerous to another can be safely and effectively provided as outpatient or community-based treatment and supervision. (12460)

(c) The court shall order the acquitted person committed for inpatient treatment or residential care under Article 46C.256 if the grounds required for that order are established. (12461)

(d) The court shall order the acquitted person to receive outpatient or community-based treatment and supervision under Article 46C.257 if the grounds required for that order are established. (12462)

(e) The court shall order the acquitted person transferred to an appropriate court for proceedings under Subtitle C or D, Title 7, Health and Safety Code, if the state fails to establish the grounds required for an order under Article 46C.256 or 46C.257 but the evidence provides a reasonable basis for believing the acquitted person is a proper subject for those proceedings. (12463)

(f) The court shall order the acquitted person discharged and immediately released if the evidence fails to establish that disposition under Subsection (c), (d), or (e) is appropriate. (12464)

Added by Acts 2005, 79th Leg., Ch. 831 (S.B. 837), Sec. 2, eff. September 1, 2005. (12465)

Art. 46C.254. EFFECT OF STABILIZATION ON TREATMENT REGIMEN. (12466)(Text)

If an acquitted person is stabilized on a treatment regimen, including medication and other treatment modalities, rendering the person no longer likely to cause serious harm to another, inpatient treatment or residential care may be found necessary to protect the safety of others only if: (12467)

(1) the person would become likely to cause serious harm to another if the person fails to follow the treatment regimen on an Order to Receive Outpatient or Community-Based Treatment and Supervision; and (12468)

(2) under an Order to Receive Outpatient or Community-Based Treatment and Supervision either: (12469)

(A) the person is likely to fail to comply with an available regimen of outpatient or community-based treatment, as determined by the person's insight into the need for medication, the number, severity, and controllability of side effects, the availability of support and treatment programs for the person from community members, and other appropriate considerations; or (12470)

(B) a regimen of outpatient or community-based treatment will not be available to the person. (12471)

Added by Acts 2005, 79th Leg., Ch. 831 (S.B. 837), Sec. 2, eff. September 1, 2005. (12472)

Art. 46C.255. TRIAL BY JURY. (12473)(Text)

(a) The following proceedings under this chapter must be before the court, and the underlying matter determined by the court, unless the acquitted person or the state requests a jury trial or the court on its own motion sets the matter for jury trial: (12474)

(1) a hearing under Article 46C.253; (12475)

(2) a proceeding for renewal of an order under Article 46C.261; (12476)

(3) a proceeding on a request for modification or revocation of an order under Article 46C.266; and (12477)

(4) a proceeding seeking discharge of an acquitted person under Article 46C.268. (12478)

(b) The following proceedings may not be held before a jury: (12479)

(1) a proceeding to determine outpatient or community-based treatment and supervision under Article 46C.262; or (12480)

(2) a proceeding to determine modification or revocation of outpatient or community-based treatment and supervision under Article 46C.267. (12481)

(c) If a hearing is held before a jury and the jury determines that the person has a mental illness or mental retardation and is likely to cause serious harm to another, the court shall determine whether inpatient treatment or residential care is necessary to protect the safety of others. (12482)

Added by Acts 2005, 79th Leg., Ch. 831 (S.B. 837), Sec. 2, eff. September 1, 2005. (12483)

Art. 46C.256. ORDER OF COMMITMENT TO INPATIENT TREATMENT OR RESIDENTIAL CARE. (12484)(Text)

(a) The court shall order the acquitted person committed to a mental hospital or other appropriate facility for inpatient treatment or residential care if the state establishes by clear and convincing evidence that: (12485)

(1) the person has a severe mental illness or mental retardation; (12486)

(2) the person, as a result of that mental illness or mental retardation, is likely to cause serious bodily injury to another if the person is not provided with treatment and supervision; and (12487)

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