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Texas Code of Criminal Procedure - Article 46C.260. Transfer Of Committed Person To Nonsecure Facility

Legal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 46C.260. Transfer Of Committed Person To Nonsecure Facility

Art. 46C.260. TRANSFER OF COMMITTED PERSON TO NONSECURE 
FACILITY.  (a)  A person committed to a facility under this 
subchapter shall be committed to the maximum security unit of any 
facility designated by the department.
	(b)  A person committed under this subchapter shall be 
transferred to the maximum security unit immediately on the entry 
of the order of commitment.
	(c)  Unless the person is determined to be manifestly 
dangerous by a review board within the department, not later than 
the 60th day following the date of the person's arrival at the 
maximum security unit the person shall be transferred to a 
nonsecure unit of a facility designated by the department or the 
Department of Aging and Disability Services, as appropriate.
	(d)  The commissioner 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 illnesses or with mental retardation, to determine whether 
the person is manifestly dangerous and, as a result of the danger 
the person presents, requires continued placement in a maximum 
security unit.
	(e)  If the head of the facility at which the maximum 
security unit is located disagrees with the determination, then the 
matter shall be referred to the commissioner.  The commissioner 
shall decide whether the person is manifestly dangerous.

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

Last modified: August 11, 2007