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Texas Code of Criminal Procedure - Article 17.032. Release On Personal Bond Of Certain Mentally Ill Defendants

Legal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 17.032. Release On Personal Bond Of Certain Mentally Ill Defendants

Art. 17.032. RELEASE ON PERSONAL BOND OF CERTAIN MENTALLY ILL 
DEFENDANTS.  (a) In this article, "violent offense" means an 
offense under the following sections of the Penal Code:
	(1)  Section 19.02 (murder);                                                   
	(2)  Section 19.03 (capital murder);                                           
	(3)  Section 20.03 (kidnapping);                                               
	(4)  Section 20.04 (aggravated kidnapping);                                    
	(5)  Section 21.11 (indecency with a child);                                   
	(6)  Section 22.01(a)(1) (assault);                                            
	(7)  Section 22.011 (sexual assault);                                          
	(8)  Section 22.02 (aggravated assault);                                       
	(9)  Section 22.021 (aggravated sexual assault);                               
	(10)  Section 22.04 (injury to a child, elderly individual, 
or disabled individual);  or
	(11)  Section 29.03 (aggravated robbery).                                      
	(b)  A magistrate shall release a defendant on personal bond 
unless good cause is shown otherwise if the:
	(1)  defendant is not charged with and has not been 
previously convicted of a violent offense;
	(2)  defendant is examined by the local mental health or 
mental retardation authority or another mental health expert under 
Article 16.22 of this code;
	(3)  examining expert, in a report submitted to the 
magistrate under Article 16.22:
	(A)  concludes that the defendant has a mental illness or is 
a person with mental retardation and is nonetheless competent to 
stand trial;  and
	(B)  recommends mental health treatment for the defendant;  
and              
	(4)  magistrate determines, in consultation with the local 
mental health or mental retardation authority, that appropriate 
community-based mental health or mental retardation services for 
the defendant are available through the Texas Department of Mental 
Health and Mental Retardation under Section 534.053, Health and 
Safety Code, or through another mental health or mental retardation 
services provider.
	(c)  The magistrate, unless good cause is shown for not 
requiring treatment, shall require as a condition of release on 
personal bond under this article that the defendant submit to 
outpatient or inpatient mental health or mental retardation 
treatment as recommended by the local mental health or mental 
retardation authority if the defendant's:
	(1)  mental illness or mental retardation is chronic in 
nature;  or          
	(2)  ability to function independently will continue to 
deteriorate if the defendant is not treated.
	(d)  In addition to a condition of release imposed under 
Subsection (c) of this article, the magistrate may require the 
defendant to comply with other conditions that are reasonably 
necessary to protect the community.
	(e)  In this article, a person is considered to have been 
convicted of an offense if:
	(1)  a sentence is imposed;                                                    
	(2)  the person is placed on community supervision or 
receives deferred adjudication;  or
	(3)  the court defers final disposition of the case.                           

Added by Acts 1993, 73rd Leg., ch. 900, Sec. 3.06, eff. Sept. 1, 
1994.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.20, eff. 
Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 312, Sec. 2, eff. Sept. 1, 
1997;  Acts 2001, 77th Leg., ch. 828, Sec. 2, eff. Sept. 1, 2001.

Last modified: August 11, 2007