Texas Code of Criminal Procedure - Article 46B.105. Transfer Following Civil Commitment Placement

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Art. 46B.105. TRANSFER FOLLOWING CIVIL COMMITMENT 
PLACEMENT.  (a)  Unless a defendant is determined to be manifestly 
dangerous by a department review board, not later than the 60th day 
after the date the defendant arrives at the maximum security unit, 
the defendant shall be transferred to:
	(1)  a unit of an inpatient mental health facility other than 
a maximum security unit;
	(2)  a residential care facility;  or                                          
	(3)  a program designated by a local mental health authority 
or a local mental retardation authority.
	(b)  The commissioner of mental health and mental 
retardation 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 illness or 
mental retardation, to determine whether the defendant is 
manifestly dangerous and, as a result of the danger the defendant 
presents, requires continued placement in a maximum security unit.
	(c)  The review board may not make a determination as to the 
defendant's need for treatment.
	(d)  A finding that the defendant is not manifestly dangerous 
is not a medical determination that the defendant no longer meets 
the criteria for involuntary civil commitment under Subtitle C or 
D, Title 7, Health and Safety Code.
	(e)  If the superintendent of the facility at which the 
maximum security unit is located disagrees with the determination, 
the matter shall be referred to the commissioner of mental health 
and mental retardation.  The commissioner shall decide whether the 
defendant is manifestly dangerous.

Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.  
Amended by Acts 2005, 79th Leg., ch. 324, Sec. 21, eff. Sept. 1, 
2005.

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Last modified: August 10, 2007