Texas Code of Criminal Procedure

§ 46C.261 — RENEWAL OF ORDERS FOR INPATIENT COMMITMENT OR OUTPATIENT OR COMMUNITY-BASED TREATMENT AND SUPERVISION

CR § 46C.261Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 46C. INSANITY DEFENSE · Art. F. DISPOSITION FOLLOWING ACQUITTAL BY

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(a)A court that orders an acquitted person committed to inpatient treatment or orders outpatient or community-based treatment and supervision annually shall determine whether to renew the order.

(b)Not later than the 30th day before the date an order is scheduled to expire, the institution to which a person is committed, the person responsible for providing outpatient or community-based treatment and supervision, or the attorney representing the state may file a request that the order be renewed. The request must explain in detail the reasons why the person requests renewal under this article. A request to renew an order committing the person to inpatient treatment must also explain in detail why outpatient or community-based treatment and supervision is not appropriate.

(c)The request for renewal must be accompanied by a certificate of medical examination for mental illness signed by a physician who examined the person during the 30-day period preceding the date on which the request is filed.

(d)On the filing of a request for renewal under this article, the court shall:

(1)set the matter for a hearing; and

(2)appoint an attorney to represent the person.

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Legislative history

Added by Acts 2005, 79th Leg., Ch. 831 (S.B. 837), Sec. 2, eff. September 1, 2005.