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Texas Code of Criminal Procedure - Article 46C.267. Detention Pending Proceedings To Modify Or Revoke 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.267. Detention Pending Proceedings To Modify Or Revoke Order For Outpatient Or Community-Based Treatment And Supervision

Art. 46C.267. DETENTION PENDING PROCEEDINGS TO MODIFY OR 
REVOKE ORDER FOR OUTPATIENT OR COMMUNITY-BASED TREATMENT AND 
SUPERVISION.  (a) The state or the head of the facility or other 
person responsible for administering a regimen of outpatient or 
community-based treatment and supervision may file a sworn 
application with the court for the detention of an acquitted person 
receiving court-ordered outpatient or community-based treatment 
and supervision.  The application must state that the person meets 
the criteria of Article 46C.266 and provide a detailed explanation 
of that statement.
	(b)  If the court determines that the application 
establishes probable cause to believe the order for outpatient or 
community-based treatment and supervision should be revoked, the 
court shall issue an order to an on-duty peace officer authorizing 
the acquitted person to be taken into custody and brought before the 
court.
	(c)  An acquitted person taken into custody under an order of 
detention shall be brought before the court without unnecessary 
delay.
	(d)  When an acquitted person is brought before the court, 
the court shall determine whether there is probable cause to 
believe that the order for outpatient or community-based treatment 
and supervision should be revoked.  On a finding that probable cause 
for revocation exists, the court shall order the person held in 
protective custody pending a determination of whether the order 
should be revoked.
	(e)  An acquitted person may be detained under an order for 
protective custody for a period not to exceed 72 hours, excluding 
Saturdays, Sundays, legal holidays, and the period prescribed by 
Section 574.025(b), Health and Safety Code, for an extreme 
emergency.
	(f)  This subchapter does not affect the power of a peace 
officer to take an acquitted person into custody under Section 
573.001, Health and Safety Code.

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

Last modified: August 11, 2007