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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. (12542)

Art. 46C.263. COURT-ORDERED OUTPATIENT OR COMMUNITY-BASED TREATMENT AND SUPERVISION. (12543)(Text)

(a) The court may order an acquitted person to participate in an outpatient or community-based regimen of treatment and supervision: (12544)

(1) as an initial matter under Article 46C.253; (12545)

(2) on renewal of an order of commitment under Article 46C.261; or (12546)

(3) after a period of inpatient treatment or residential care under Article 46C.262. (12547)

(b) An acquitted person may be ordered to participate in an outpatient or community-based regimen of treatment and supervision only if: (12548)

(1) the court receives and approves an outpatient or community-based treatment plan that comprehensively provides for the outpatient or community-based treatment and supervision; and (12549)

(2) the court finds that the outpatient or community-based treatment and supervision provided for by the plan will be available to and provided to the acquitted person. (12550)

(c) The order may require the person to participate in a prescribed regimen of medical, psychiatric, or psychological care or treatment, and the regimen may include treatment with psychoactive medication. (12551)

(d) The court may order that supervision of the acquitted person be provided by the appropriate community supervision and corrections department or the facility administrator of a community center that provides mental health or mental retardation services. (12552)

(e) The court may order the acquitted person to participate in a supervision program funded by the Texas Correctional Office on Offenders with Medical or Mental Impairments. (12553)

(f) An order under this article must identify the person responsible for administering an ordered regimen of outpatient or community-based treatment and supervision. (12554)

(g) In determining whether an acquitted person should be ordered to receive outpatient or community-based treatment and supervision rather than inpatient care or residential treatment, the court shall have as its primary concern the protection of society. (12555)

Added by Acts 2005, 79th Leg., Ch. 831 (S.B. 837), Sec. 2, eff. September 1, 2005. (12556)

Art. 46C.264. LOCATION OF COURT-ORDERED OUTPATIENT OR COMMUNITY-BASED TREATMENT AND SUPERVISION. (12557)(Text)

(a) The court may order the outpatient or community-based treatment and supervision to be provided in any appropriate county where the necessary resources are available. (12558)

(b) This article does not supersede any requirement under the other provisions of this subchapter to obtain the consent of a treatment and supervision provider to administer the court-ordered outpatient or community-based treatment and supervision. (12559)

Added by Acts 2005, 79th Leg., Ch. 831 (S.B. 837), Sec. 2, eff. September 1, 2005. (12560)

Art. 46C.265. SUPERVISORY RESPONSIBILITY FOR OUTPATIENT OR COMMUNITY-BASED TREATMENT AND SUPERVISION. (12561)(Text)

(a) The person responsible for administering a regimen of outpatient or community-based treatment and supervision shall: (12562)

(1) monitor the condition of the acquitted person; and (12563)

(2) determine whether the acquitted person is complying with the regimen of treatment and supervision. (12564)

(b) The person responsible for administering a regimen of outpatient or community-based treatment and supervision shall notify the court ordering that treatment and supervision and the attorney representing the state if the person: (12565)

(1) fails to comply with the regimen; and (12566)

(2) becomes likely to cause serious harm to another. (12567)

Added by Acts 2005, 79th Leg., Ch. 831 (S.B. 837), Sec. 2, eff. September 1, 2005. (12568)

Art. 46C.266. MODIFICATION OR REVOCATION OF ORDER FOR OUTPATIENT OR COMMUNITY-BASED TREATMENT AND SUPERVISION. (12569)(Text)

(a) The court, on its own motion or the motion of any interested person and after notice to the acquitted person and a hearing, may modify or revoke court-ordered outpatient or community-based treatment and supervision. (12570)

(b) At the hearing, the court without a jury shall determine whether the state has established clear and convincing evidence that: (12571)

(1) the acquitted person failed to comply with the regimen in a manner or under circumstances indicating the person will become likely to cause serious harm to another if the person is provided continued outpatient or community-based treatment and supervision; or (12572)

(2) the acquitted person has become likely to cause serious harm to another if provided continued outpatient or community-based treatment and supervision. (12573)

(c) On a determination under Subsection (b), the court may take any appropriate action, including: (12574)

(1) revoking court-ordered outpatient or community-based treatment and supervision and ordering the person committed for inpatient or residential care; or (12575)

(2) imposing additional or more stringent terms on continued outpatient or community-based treatment. (12576)

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