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Texas Code of Criminal Procedure

§ 46B.105 — TRANSFER FOLLOWING CIVIL COMMITMENT PLACEMENT

CR § 46B.105Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 46B. INCOMPETENCY TO STAND TRIAL · Art. E. CIVIL COMMITMENT: CHARGES PENDING

Statute text

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(a)Unless a defendant committed to a maximum security unit by the commission is determined to be manifestly dangerous by a review board established under Subsection (b), not later than the 60th day after the date the defendant arrives at the maximum security unit, the defendant shall be transferred to:
(1)a unit of an inpatient mental health facility other than a maximum security unit;
(2)a residential care facility; or
(3)a program designated by a local mental health authority or a local intellectual and developmental disability authority.
(b)The executive commissioner shall appoint a review board of five members, including one psychiatrist licensed to practice medicine in this state and two persons who work directly with persons with mental illness or an intellectual disability, to determine whether the defendant is manifestly dangerous and, as a result of the danger the defendant presents, requires continued placement in a maximum security unit.
(c)The review board may not make a determination as to the defendant's need for treatment.

Legislative history

Acts 2005, 79th Leg., Ch. 324 (S.B. 679), Sec. 21, eff. September 1, 2005. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 6.020, eff. April 2, 2015. Acts 2019, 86th Leg., R.S., Ch. 1212 (S.B. 562), Sec. 7, eff. June 14, 2019. Acts 2019, 86th Leg., R.S., Ch. 1276 (H.B. 601), Sec. 10, eff. September 1, 2019.

Source: Texas Code of Criminal Procedure § 46B.105 from the Texas Constitution and Statutes (Texas Legislature) (public record). DecisionDepot is for informational use only and is not legal advice — verify against the official source before relying on this text.