Art. 17.032. RELEASE ON PERSONAL BOND OF CERTAIN MENTALLY ILL DEFENDANTS. (a) In this article, "violent offense" means an offense under the following sections of the Penal Code:
(1) Section 19.02 (murder);
(2) Section 19.03 (capital murder);
(3) Section 20.03 (kidnapping);
(4) Section 20.04 (aggravated kidnapping);
(5) Section 21.11 (indecency with a child);
(6) Section 22.01(a)(1) (assault);
(7) Section 22.011 (sexual assault);
(8) Section 22.02 (aggravated assault);
(9) Section 22.021 (aggravated sexual assault);
(10) Section 22.04 (injury to a child, elderly individual, or disabled individual);
(11) Section 29.03 (aggravated robbery);
(12) Section 21.02 (continuous sexual abuse of young child or children); or
(13) Section 20A.03 (continuous trafficking of persons).
(b) A magistrate shall release a defendant on personal bond unless good cause is shown otherwise if the:
(1) defendant is not charged with and has not been previously convicted of a violent offense;
(2) defendant is examined by the local mental health or mental retardation authority or another mental health expert under Article 16.22 of this code;
(3) applicable expert, in a written assessment submitted to the magistrate under Article 16.22:
(A) concludes that the defendant has a mental illness or is a person with mental retardation and is nonetheless competent to stand trial; and
(B) recommends mental health treatment for the defendant; and
(4) magistrate determines, in consultation with the local mental health or mental retardation authority, that appropriate community-based mental health or mental retardation services for the defendant are available through the Texas Department of Mental Health and Mental Retardation under Section 534.053, Health and Safety Code, or through another mental health or mental retardation services provider.
(c) The magistrate, unless good cause is shown for not requiring treatment, shall require as a condition of release on personal bond under this article that the defendant submit to outpatient or inpatient mental health or mental retardation treatment as recommended by the local mental health or mental retardation authority if the defendant's:
(1) mental illness or mental retardation is chronic in nature; or
(2) ability to function independently will continue to deteriorate if the defendant is not treated.
(d) In addition to a condition of release imposed under Subsection (c) of this article, the magistrate may require the defendant to comply with other conditions that are reasonably necessary to protect the community.
(e) In this article, a person is considered to have been convicted of an offense if:
(1) a sentence is imposed;
(2) the person is placed on community supervision or receives deferred adjudication; or
(3) the court defers final disposition of the case.
Added by Acts 1993, 73rd Leg., ch. 900, Sec. 3.06, eff. Sept. 1, 1994. Subsec. (a) amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.20, eff. Sept. 1, 1995; Subsecs. (b), (c) amended by Acts 1997, 75th Leg., ch. 312, Sec. 2, eff. Sept. 1, 1997; Subsecs. (b), (c) amended by Acts 2001, 77th Leg., ch. 828, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.09, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1228 (S.B. 1557), Sec. 2, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 122 (H.B. 3000), Sec. 4, eff. September 1, 2011.
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