Texas Code of Criminal Procedure
§ 46B.079 — NOTICE AND REPORT TO COURT
CR § 46B.079Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 46B. INCOMPETENCY TO STAND TRIAL · Art. D. PROCEDURES AFTER DETERMINATION OF INCOMPETENCY
Statute text
View on source(a)The head of the facility, the provider of the jail-based competency restoration program, or the provider of the outpatient competency restoration program, as appropriate, not later than the 15th day before the date on which the initial restoration period is to expire according to the terms of the order or under Article 46B.0095 or other applicable provisions of this chapter, shall notify the applicable court that the period is about to expire.
(b)The head of the facility or jail-based competency restoration program provider shall promptly notify the court when the head of the facility or program provider believes that:
(1)the defendant is clinically ready and can be safely transferred to a competency restoration program for education services but has not yet attained competency to stand trial;
(2)the defendant has attained competency to stand trial; or
(3)the defendant is not likely to attain competency in the foreseeable future. (b-1) The outpatient competency restoration program provider shall promptly notify the court when the program provider believes that:
(1)the defendant has attained competency to stand trial; or
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Legislative history
Acts 2005, 79th Leg., Ch. 324 (S.B. 679), Sec. 12, eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 1307 (S.B. 867), Sec. 7, eff. September 1, 2007. Acts 2011, 82nd Leg., R.S., Ch. 822 (H.B. 2725), Sec. 14, eff. September 1, 2011. Acts 2015, 84th Leg., R.S., Ch. 994 (H.B. 211), Sec. 1, eff. June 19, 2015. Acts 2017, 85th Leg., R.S., Ch. 748 (S.B. 1326), Sec. 21, eff. September 1, 2017.