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Texas Code of Criminal Procedure - Article 46C.261. Renewal Of Orders For Inpatient Commitment Or Outpatient Or Community-Based Treatment And Supervision

Legal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 46C.261. Renewal Of Orders For Inpatient Commitment Or Outpatient Or Community-Based Treatment And Supervision

Art. 46C.261. RENEWAL OF ORDERS FOR INPATIENT COMMITMENT OR 
OUTPATIENT OR COMMUNITY-BASED TREATMENT AND SUPERVISION.  (a) A 
court that orders an acquitted person committed to inpatient 
treatment or orders outpatient or community-based treatment and 
supervision annually shall determine whether to renew the order.
	(b)  Not later than the 30th day before the date an order is 
scheduled to expire, the institution to which a person is 
committed, the person responsible for providing outpatient or 
community-based treatment and supervision, or the attorney 
representing the state may file a request that the order be renewed.  
The request must explain in detail the reasons why the person 
requests renewal under this article.  A request to renew an order 
committing the person to inpatient treatment must also explain in 
detail why outpatient or community-based treatment and supervision 
is not appropriate.
	(c)  The request for renewal must be accompanied by a 
certificate of medical examination for mental illness signed by a 
physician who examined the person during the 30-day period 
preceding the date on which the request is filed.
	(d)  On the filing of a request for renewal under this 
article, the court shall:
	(1)  set the matter for a hearing;  and                                        
	(2)  appoint an attorney to represent the person.                              
	(e)  The court shall act on the request for renewal before 
the order expires.
	(f)  If a hearing is held, the person may be transferred from 
the facility to which the acquitted person was committed to a jail 
for purposes of participating in the hearing only if necessary but 
not earlier than 72 hours before the hearing begins.  If the order 
is renewed, the person shall be transferred back to the facility 
immediately on renewal of the order.
	(g)  If no objection is made, the court may admit into 
evidence the certificate of medical examination for mental illness.  
Admitted certificates constitute competent medical or psychiatric 
testimony, and the court may make its findings solely from the 
certificate and the detailed request for renewal.
	(h)  A court shall renew the order only if the court finds 
that the party who requested the renewal has established by clear 
and convincing evidence that continued mandatory supervision and 
treatment are appropriate.  A renewed order authorizes continued 
inpatient commitment or outpatient or community-based treatment 
and supervision for not more than one year.
	(i)  The court, on application for renewal of an order for 
inpatient or residential care services, may modify the order to 
provide for outpatient or community-based treatment and 
supervision if the court finds the acquitted person has established 
by a preponderance of the evidence that treatment and supervision 
can be safely and effectively provided as outpatient or 
community-based treatment and supervision.

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

Last modified: August 11, 2007