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Texas Code of Criminal Procedure - Article 46C.266. Modification Or Revocation Of Order For Outpatient Or Community-Based Treatment And Supervision

Legal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 46C.266. Modification Or Revocation Of Order For Outpatient Or Community-Based Treatment And Supervision

Art. 46C.266. MODIFICATION OR REVOCATION OF ORDER FOR 
OUTPATIENT OR COMMUNITY-BASED TREATMENT AND SUPERVISION.  (a) The 
court, on its own motion or the motion of any interested person and 
after notice to the acquitted person and a hearing, may modify or 
revoke court-ordered outpatient or community-based treatment and 
supervision.
	(b)  At the hearing, the court without a jury shall determine 
whether the state has established clear and convincing evidence 
that:
	(1)  the acquitted person failed to comply with the regimen 
in a manner or under circumstances indicating the person will 
become likely to cause serious harm to another if the person is 
provided continued outpatient or community-based treatment and 
supervision;  or
	(2)  the acquitted person has become likely to cause serious 
harm to another if provided continued outpatient or community-based 
treatment and supervision.
	(c)  On a determination under Subsection (b), the court may 
take any appropriate action, including:
	(1)  revoking court-ordered outpatient or community-based 
treatment and supervision and ordering the person committed for 
inpatient or residential care;  or
	(2)  imposing additional or more stringent terms on 
continued outpatient or community-based treatment.
	(d)  An acquitted person who is the subject of a proceeding 
under this article is entitled to representation by counsel in the 
proceeding.
	(e)  The court shall set a date for a hearing under this 
article that is not later than the seventh day after the applicable 
motion was filed.  The court may grant one or more continuances of 
the hearing on the motion of a party or of the court and for good 
cause shown.

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

Last modified: August 11, 2007