Texas Code of Criminal Procedure

§ 46C.266 — MODIFICATION OR REVOCATION OF ORDER FOR OUTPATIENT OR COMMUNITY-BASED TREATMENT AND SUPERVISION

CR § 46C.266Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 46C. INSANITY DEFENSE · Art. F. DISPOSITION FOLLOWING ACQUITTAL BY

Statute text

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(a)The court, on its own motion or the motion of any interested person and after notice to the acquitted person and a hearing, may modify or revoke court-ordered outpatient or community-based treatment and supervision.

(b)At the hearing, the court without a jury shall determine whether the state has established clear and convincing evidence that:

(1)the acquitted person failed to comply with the regimen in a manner or under circumstances indicating the person will become likely to cause serious harm to another if the person is provided continued outpatient or community-based treatment and supervision; or

(2)the acquitted person has become likely to cause serious harm to another if provided continued outpatient or community-based treatment and supervision.

(c)On a determination under Subsection (b), the court may take any appropriate action, including:

(1)revoking court-ordered outpatient or community-based treatment and supervision and ordering the person committed for inpatient or residential care; or

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Legislative history

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