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Texas Code of Criminal Procedure - Article 46C.263. Court-Ordered Outpatient Or Community-Based Treatment And Supervision

Legal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 46C.263. Court-Ordered Outpatient Or Community-Based Treatment And Supervision

Art. 46C.263. COURT-ORDERED OUTPATIENT OR COMMUNITY-BASED 
TREATMENT AND SUPERVISION.  (a) The court may order an acquitted 
person to participate in an outpatient or community-based regimen 
of treatment and supervision:
	(1)  as an initial matter under Article 46C.253;                               
	(2)  on renewal of an order of commitment under Article 
46C.261;  or         
	(3)  after a period of inpatient treatment or residential 
care under Article 46C.262.
	(b)  An acquitted person may be ordered to participate in an 
outpatient or community-based regimen of treatment and supervision 
only if:
	(1)  the court receives and approves an outpatient or 
community-based treatment plan that comprehensively provides for 
the outpatient or community-based treatment and supervision;  and
	(2)  the court finds that the outpatient or community-based 
treatment and supervision provided for by the plan will be 
available to and provided to the acquitted person.
	(c)  The order may require the person to participate in a 
prescribed regimen of medical, psychiatric, or psychological care 
or treatment, and the regimen may include treatment with 
psychoactive medication.
	(d)  The court may order that supervision of the acquitted 
person be provided by the appropriate community supervision and 
corrections department or the facility administrator of a community 
center that provides mental health or mental retardation services.
	(e)  The court may order the acquitted person to participate 
in a supervision program funded by the Texas Correctional Office on 
Offenders with Medical or Mental Impairments.
	(f)  An order under this article must identify the person 
responsible for administering an ordered regimen of outpatient or 
community-based treatment and supervision.
	(g)  In determining whether an acquitted person should be 
ordered to receive outpatient or community-based treatment and 
supervision rather than inpatient care or residential treatment, 
the court shall have as its primary concern the protection of 
society.

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

Last modified: August 11, 2007