Texas Code of Criminal Procedure - Article 46C.258. Responsibility Of Inpatient Or Residential Care Facility
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Texas Laws > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 46C.258. Responsibility Of Inpatient Or Residential Care Facility
Article: 46C.251 46C.252 46C.253 46C.254 46C.255 46C.256 46C.257 46C.258 46C.259 46C.260 46C.261 46C.262 46C.263 46C.264 46C.265
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
(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