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Texas Code of Criminal Procedure - Article 46C.256. Order Of Commitment To Inpatient Treatment Or Residential Care

Legal Research Home > Texas Laws > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 46C.256. Order Of Commitment To Inpatient Treatment Or Residential Care

Art. 46C.256. ORDER OF COMMITMENT TO INPATIENT TREATMENT OR 
RESIDENTIAL CARE.  (a) The court shall order the acquitted person 
committed to a mental hospital or other appropriate facility for 
inpatient treatment or residential care if the state establishes by 
clear and convincing evidence that:
	(1)  the person has a severe mental illness or mental 
retardation;           
	(2)  the person, as a result of that mental illness or mental 
retardation, is likely to cause serious bodily injury to another if 
the person is not provided with treatment and supervision;  and
	(3)  inpatient treatment or residential care is necessary to 
protect the safety of others.
	(b)  In determining whether inpatient treatment or 
residential care has been proved necessary, the court shall 
consider whether the evidence shows both that:
	(1)  an adequate regimen of outpatient or community-based 
treatment will be available to the person;  and
	(2)  the person will follow that regimen.                                      
	(c)  The order of commitment to inpatient treatment or 
residential care expires on the 181st day following the date the 
order is issued but is subject to renewal as provided by Article 
46C.261.

Added by Acts 2005, 79th Leg., ch. 831, Sec. 2, eff. Sept. 1, 2005.           

Last modified: August 11, 2007