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Texas Code of Criminal Procedure - Article 46C.258. Responsibility Of Inpatient Or Residential Care Facility

Legal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 46C.258. Responsibility Of Inpatient Or Residential Care Facility

Art. 46C.258. RESPONSIBILITY OF INPATIENT OR RESIDENTIAL 
CARE FACILITY.  (a) The head of the facility to which an acquitted 
person is committed has, during the commitment period, a continuing 
responsibility to determine:
	(1)  whether the acquitted person continues to have a severe 
mental illness or mental retardation and is likely to cause serious 
harm to another because of any severe mental illness or mental 
retardation;  and
	(2)  if so, whether treatment and supervision cannot be 
safely and effectively provided as outpatient or community-based 
treatment and supervision.
	(b)  The head of the facility must notify the committing 
court and seek modification of the order of commitment if the head 
of the facility determines that an acquitted person no longer has a 
severe mental illness or mental retardation, is no longer likely to 
cause serious harm to another, or that treatment and supervision 
can be safely and effectively provided as outpatient or 
community-based treatment and supervision.
	(c)  Not later than the 60th day before the date of 
expiration of the order, the head of the facility shall transmit to 
the committing court a psychological evaluation of the acquitted 
person, a certificate of medical examination of the person, and any 
recommendation for further treatment of the person.  The committing 
court shall make the documents available to the attorneys 
representing the state and the acquitted person.

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

Last modified: August 11, 2007