Sec. 841.123. REVIEW OF UNAUTHORIZED PETITION FOR RELEASE. (a) If the committed person files a petition for release without the office's authorization, the person shall serve the petition on the court and the attorney representing the state.
(b) The judge shall review and issue a ruling on a petition for release filed by the committed person without the office's authorization not later than the 60th day after the date of filing of the petition.
(c) Except as provided by Subsection (d), the judge shall deny without a hearing a petition for release filed without the office's authorization if the petition is frivolous or if:
(1) the petitioner previously filed without the office's authorization another petition for release; and
(2) the judge determined on review of the previous petition or following a hearing that:
(A) the petition was frivolous; or
(B) the petitioner's behavioral abnormality had not changed to the extent that the petitioner was no longer likely to engage in a predatory act of sexual violence.
(d) The judge is not required to deny a petition under Subsection (c) if probable cause exists to believe that the petitioner's behavioral abnormality has changed to the extent that the petitioner is no longer likely to engage in a predatory act of sexual violence.
Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 845 (S.B. 746), Sec. 24, eff. June 17, 2015.
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