Tex. Code of Criminal Procedure § 46C.256

This is the official text of Tex. Code of Criminal Procedure § 46C.256, part of Texas’s Code of Criminal Procedure — sets the procedural rules for criminal cases in Texas.

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§ 46C.256. ORDER OF COMMITMENT TO INPATIENT TREATMENT OR RESIDENTIAL CARE.

Official statutory text

(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 an intellectual disability;

(2) the person, as a result of that mental illness or intellectual disability, 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.

Status: in_force · Read it on the official government site

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