Art. 46B.072. RELEASE ON BAIL.
(a) This article applies only to a defendant who is subject to an initial restoration period based on Article 46B.071.
(a-1) Subject to conditions reasonably related to assuring public safety and the effectiveness of the defendant's treatment, if the court determines that a defendant found incompetent to stand trial is not a danger to others and may be safely treated on an outpatient basis with the specific objective of attaining competency to stand trial and if an appropriate outpatient treatment program is available for the defendant, the court:
(1) may release on bail a defendant found incompetent to stand trial with respect to a felony or may continue the defendant's release on bail; and
(2) shall release on bail a defendant found incompetent to stand trial with respect to a misdemeanor or shall continue the defendant's release on bail.
(b) The court shall order a defendant released on bail under Subsection (a-1) to participate in an outpatient treatment program for a period not to exceed 120 days.
(c) Notwithstanding Subsection (a-1), the court may order a defendant to participate in an outpatient treatment program under this article only if:
(1) the court receives and approves a comprehensive plan that:
(A) provides for the treatment of the defendant for purposes of competency restoration; and
(B) identifies the person who will be responsible for providing that treatment to the defendant; and
(2) the court finds that the treatment proposed by the plan will be available to and will be provided to the defendant.
(d) An order issued under this article may require the defendant to participate in:
(1) as appropriate, an outpatient treatment program administered by a community center or an outpatient treatment program administered by any other entity that provides outpatient competency restoration services; and
(2) an appropriate prescribed regimen of medical, psychiatric, or psychological care or treatment, including care or treatment involving the administration of psychoactive medication, including those required under Article 46B.086.
Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1307 (S.B. 867), Sec. 3, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 822 (H.B. 2725), Sec. 10, eff. September 1, 2011.
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