Texas Code of Criminal Procedure

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

CR § 46C.256Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 46C. INSANITY DEFENSE · Art. F. DISPOSITION FOLLOWING ACQUITTAL BY

Statute text

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(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

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Legislative history

Acts 2023, 88th Leg., R.S., Ch. 30 (H.B. 446), Sec. 2.07, eff. September 1, 2023.