Texas Laws | Criminal Procedure (3) inpatient treatment or residential care is necessary to protect the safety of others. (12488) (b) In determining whether inpatient treatment or residential care has been proved necessary, the court shall consider whether the evidence shows both that: (12489) (1) an adequate regimen of outpatient or community-based treatment will be available to the person; and (12490) (2) the person will follow that regimen. (12491) (c) The order of commitment to inpatient treatment or residential care expires on the 181st day following the date the order is issued but is subject to renewal as provided by Article 46C.261. (12492) Added by Acts 2005, 79th Leg., Ch. 831 (S.B. 837), Sec. 2, eff. September 1, 2005. (12493) Art. 46C.257. ORDER TO RECEIVE OUTPATIENT OR COMMUNITY-BASED TREATMENT AND SUPERVISION. (12494)(Text)(a) The court shall order the acquitted person to receive outpatient or community-based treatment and supervision if: (12495) (1) the state establishes by clear and convincing evidence that the person: (12496) (A) has a severe mental illness or mental retardation; and (12497) (B) 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 (12498) (2) the state fails to establish by clear and convincing evidence that inpatient treatment or residential care is necessary to protect the safety of others. (12499) (b) The order of commitment to outpatient or community-based treatment and supervision expires on the first anniversary of the date the order is issued but is subject to renewal as provided by Article 46C.261. (12500) Added by Acts 2005, 79th Leg., Ch. 831 (S.B. 837), Sec. 2, eff. September 1, 2005. (12501) Art. 46C.258. RESPONSIBILITY OF INPATIENT OR RESIDENTIAL CARE FACILITY. (12502)(Text)(a) The head of the facility to which an acquitted person is committed has, during the commitment period, a continuing responsibility to determine: (12503) (1) whether the acquitted person continues to have a severe mental illness or mental retardation and is likely to cause serious harm to another because of any severe mental illness or mental retardation; and (12504) (2) if so, whether treatment and supervision cannot be safely and effectively provided as outpatient or community-based treatment and supervision. (12505) (b) The head of the facility must notify the committing court and seek modification of the order of commitment if the head of the facility determines that an acquitted person no longer has a severe mental illness or mental retardation, is no longer likely to cause serious harm to another, or that treatment and supervision can be safely and effectively provided as outpatient or community-based treatment and supervision. (12506) (c) Not later than the 60th day before the date of expiration of the order, the head of the facility shall transmit to the committing court a psychological evaluation of the acquitted person, a certificate of medical examination of the person, and any recommendation for further treatment of the person. The committing court shall make the documents available to the attorneys representing the state and the acquitted person. (12507) Added by Acts 2005, 79th Leg., Ch. 831 (S.B. 837), Sec. 2, eff. September 1, 2005. (12508) Art. 46C.259. STATUS OF COMMITTED PERSON. (12509)(Text)If an acquitted person is committed under this subchapter, the person's status as a patient or resident is governed by Subtitle C or D, Title 7, Health and Safety Code, except that: (12510) (1) transfer to a nonsecure unit is governed by Article 46C.260; (12511) (2) modification of the order to direct outpatient or community-based treatment and supervision is governed by Article 46C.262; and (12512) (3) discharge is governed by Article 46C.268. (12513) Added by Acts 2005, 79th Leg., Ch. 831 (S.B. 837), Sec. 2, eff. September 1, 2005. (12514) Art. 46C.260. TRANSFER OF COMMITTED PERSON TO NONSECURE FACILITY. (12515)(Text)(a) A person committed to a facility under this subchapter shall be committed to the maximum security unit of any facility designated by the department. (12516) (b) A person committed under this subchapter shall be transferred to the maximum security unit immediately on the entry of the order of commitment. (12517) (c) Unless the person is determined to be manifestly dangerous by a review board within the department, not later than the 60th day following the date of the person's arrival at the maximum security unit the person shall be transferred to a nonsecure unit of a facility designated by the department or the Department of Aging and Disability Services, as appropriate. (12518) (d) The commissioner shall appoint a review board of five members, including one psychiatrist licensed to practice medicine in this state and two persons who work directly with persons with mental illnesses or with mental retardation, to determine whether the person is manifestly dangerous and, as a result of the danger the person presents, requires continued placement in a maximum security unit. (12519)
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