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Texas Code of Criminal Procedure - Article 46C.262. Court-Ordered Outpatient Or Community-Based Treatment And Supervision After Inpatient Commitment

Legal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 46C.262. Court-Ordered Outpatient Or Community-Based Treatment And Supervision After Inpatient Commitment

Art. 46C.262. COURT-ORDERED OUTPATIENT OR COMMUNITY-BASED 
TREATMENT AND SUPERVISION AFTER INPATIENT COMMITMENT.  (a) An 
acquitted person, the head of the facility to which the acquitted 
person is committed, or the attorney representing the state may 
request that the court modify an order for inpatient treatment or 
residential care to order outpatient or community-based treatment 
and supervision.
	(b)  The court shall hold a hearing on a request made by the 
head of the facility to which the acquitted person is committed.  A 
hearing under this subsection must be held not later than the 14th 
day after the date of the request.
	(c)  If a request is made by an acquitted person or the 
attorney representing the state, the court must act on the request 
not later than the 14th day after the date of the request.  A hearing 
under this subsection is at the discretion of the court, except that 
the court shall hold a hearing if the request and any accompanying 
material provide a basis for believing modification of the order 
may be appropriate.
	(d)  If a request is made by an acquitted person not later 
than the 90th day after the date of a hearing on a previous request, 
the court is not required to act on the request except on the 
expiration of the order or on the expiration of the 90-day period 
following the date of the hearing on the previous request.
	(e)  The court shall rule on the request during or as soon as 
practicable after any hearing on the request but not later than the 
14th day after the date of the request.
	(f)  The court shall modify the commitment order to direct 
outpatient or community-based treatment and supervision if at the 
hearing the acquitted person establishes 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