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Texas Code of Criminal Procedure - Article 46C.268. Advance Discharge Of Acquitted Person And Termination Of Jurisdiction

Legal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 46C.268. Advance Discharge Of Acquitted Person And Termination Of Jurisdiction

Art. 46C.268. ADVANCE DISCHARGE OF ACQUITTED PERSON AND 
TERMINATION OF JURISDICTION.  (a) An acquitted person, the head of 
the facility to which the acquitted person is committed, the person 
responsible for providing the outpatient or community-based 
treatment and supervision, or the state may request that the court 
discharge an acquitted person from inpatient commitment or 
outpatient or community-based treatment and supervision.
	(b)  Not later than the 14th day after the date of the 
request, the court shall hold a hearing on a request made by the 
head of the facility to which the acquitted person is committed or 
the person responsible for providing the outpatient or 
community-based treatment and supervision.
	(c)  If a request is made by an acquitted person, 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 indicate that 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 shortly 
after any hearing that is held and in any case not later than the 
14th day after the date of the request.
	(f)  The court shall discharge the acquitted person from all 
court-ordered commitment and treatment and supervision and 
terminate the court's jurisdiction over the person if the court 
finds that the acquitted person has established by a preponderance 
of the evidence that:
	(1)  the acquitted person does not have a severe mental 
illness or mental retardation;  or
	(2)  the acquitted person is not likely to cause serious harm 
to another because of any severe mental illness or mental 
retardation.

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

Last modified: August 11, 2007