Art. 46C.256. ORDER OF COMMITMENT TO INPATIENT TREATMENT OR RESIDENTIAL CARE. (a) The court shall order the acquitted person committed to a mental hospital or other appropriate facility for inpatient treatment or residential care if the state establishes by clear and convincing evidence that:
(1) the person has a severe mental illness or mental retardation;
(2) the person, as a result of that mental illness or mental retardation, is likely to cause serious bodily injury to another if the person is not provided with treatment and supervision; and
(3) inpatient treatment or residential care is necessary to protect the safety of others.
(b) In determining whether inpatient treatment or residential care has been proved necessary, the court shall consider whether the evidence shows both that:
(1) an adequate regimen of outpatient or community-based treatment will be available to the person; and
(2) the person will follow that regimen.
(c) The order of commitment to inpatient treatment or residential care expires on the 181st day following the date the order is issued but is subject to renewal as provided by Article 46C.261.
Added by Acts 2005, 79th Leg., Ch. 831 (S.B. 837), Sec. 2, eff. September 1, 2005.
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