Texas Code of Criminal Procedure - Article 46C.253. Hearing On Disposition
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Art. 46C.253. HEARING ON DISPOSITION. (a) The hearing on
disposition shall be conducted in the same manner as a hearing on an
application for involuntary commitment under Subtitle C or D, Title
7, Health and Safety Code, except that the use of a jury is governed
by Article 46C.255.
(b) At the hearing, the court shall address:
(1) whether the person acquitted by reason of insanity has a
severe mental illness or mental retardation;
(2) whether as a result of any mental illness or mental
retardation the person is likely to cause serious harm to another;
and
(3) whether appropriate treatment and supervision for any
mental illness or mental retardation rendering the person dangerous
to another can be safely and effectively provided as outpatient or
community-based treatment and supervision.
(c) The court shall order the acquitted person committed for
inpatient treatment or residential care under Article 46C.256 if
the grounds required for that order are established.
(d) The court shall order the acquitted person to receive
outpatient or community-based treatment and supervision under
Article 46C.257 if the grounds required for that order are
established.
(e) The court shall order the acquitted person transferred
to an appropriate court for proceedings under Subtitle C or D, Title
7, Health and Safety Code, if the state fails to establish the
grounds required for an order under Article 46C.256 or 46C.257 but
the evidence provides a reasonable basis for believing the
acquitted person is a proper subject for those proceedings.
(f) The court shall order the acquitted person discharged
and immediately released if the evidence fails to establish that
disposition under Subsection (c), (d), or (e) is appropriate.
Added by Acts 2005, 79th Leg., ch. 831, Sec. 2, eff. Sept. 1, 2005.
Article: 46C.158 46C.159 46C.160 46C.201 46C.202 46C.251 46C.252 46C.253 46C.254 46C.255 46C.256 46C.257 46C.258 46C.259 46C.260
Last modified: August 11, 2007
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