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Texas Code of Criminal Procedure - Article 16.22. Examination And Transfer Of Defendant Suspected Of Having Mental Illness Or Mental Retardation

Legal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 16.22. Examination And Transfer Of Defendant Suspected Of Having Mental Illness Or Mental Retardation

Art. 16.22. EXAMINATION AND TRANSFER OF DEFENDANT SUSPECTED 
OF HAVING MENTAL ILLNESS OR MENTAL RETARDATION.  (a) Not later than 
72 hours after receiving evidence or a statement that may establish 
reasonable cause to believe that a defendant committed to the 
sheriff's custody has a mental illness or is a person with mental 
retardation, the sheriff shall notify a magistrate of that fact.  A 
defendant's behavior or the result of a prior evaluation indicating 
a need for referral for further mental health or mental retardation 
assessment must be considered in determining whether reasonable 
cause exists to believe the defendant has a mental illness or is a 
person with mental retardation.  On a determination that there is 
reasonable cause to believe that the defendant has a mental illness 
or is a person with mental retardation, the magistrate shall order 
an examination of the defendant by the local mental health or mental 
retardation authority or another disinterested expert experienced 
and qualified in mental health or mental retardation to determine 
whether the defendant has a mental illness as defined by Section 
571.003, Health and Safety Code, or is a person with mental 
retardation as defined by Section 591.003, Health and Safety Code.  
If the defendant fails or refuses to submit to examination, the 
magistrate may order the defendant to submit to examination in a 
mental health facility determined to be appropriate by the local 
mental health or mental retardation authority for a reasonable 
period not to exceed 21 days.  The magistrate may order a defendant 
to a facility operated by the Texas Department of Mental Health and 
Mental Retardation for examination only on request of the local 
mental health or mental retardation authority and with the consent 
of the head of the facility.  If a defendant who has been ordered to 
a facility operated by the Texas Department of Mental Health and 
Mental Retardation for examination remains in the facility for a 
period exceeding 21 days, the head of that facility shall cause the 
defendant to be immediately transported to the committing court and 
placed in the custody of the sheriff of the county in which the 
committing court is located.  That county shall reimburse the Texas 
Department of Mental Health and Mental Retardation facility for the 
mileage and per diem expenses of the personnel required to 
transport the defendant calculated in accordance with the state 
travel regulations in effect at the time.
	(b)  A written report of the examination shall be submitted 
to the magistrate within 30 days of the order of examination, and 
the magistrate shall furnish copies of the report to the defense 
counsel and the prosecuting attorney.  The report shall include a 
description of the procedures used in the examination and the 
examiner's observations and findings pertaining to:
	(1)  whether the defendant is a person who has a mental 
illness or is a person with mental retardation;
	(2)  whether there is clinical evidence to support a belief 
that the defendant may be incompetent to stand trial and should 
undergo a complete competency examination under Subchapter B, 
Chapter 46B; and
	(3)  recommended treatment.                                                    
	(c)  After the court receives the examining expert's report 
relating to the defendant under Subsection (b), the court may 
resume:
	(1)  criminal proceedings against the defendant, including 
proceedings related to the defendant's release on personal bond 
under Article 17.032;  or
	(2)  competency proceedings, if required, as provided by 
Chapter 46B or other proceedings affecting the defendant's receipt 
of appropriate court-ordered mental health or mental retardation 
services, including proceedings related to the defendant's receipt 
of outpatient mental health services under Section 574.034, Health 
and Safety Code.

Added by Acts 1993, 73rd Leg., ch. 900, Sec. 3.05, eff. Sept. 1, 
1994.  Amended by Acts 1997, 75th Leg., ch. 312, Sec. 1, eff. Sept. 
1, 1997;  Acts 2001, 77th Leg., ch. 828, Sec. 1, eff. Sept. 1, 2001;  
Acts 2003, 78th Leg., ch. 35, Sec. 2, eff. Jan. 1, 2004.

Last modified: August 11, 2007