(1) there is an available and appropriate treatment center in the agency's jurisdiction to which the agency may divert the person;
(2) it is reasonable to divert the person;
(3) the offense that the person is accused of is a misdemeanor, other than a misdemeanor involving violence; and
(4) the mental health crisis or substance abuse issue is suspected to be the reason the person committed the alleged offense.
(b) Subsection (a) does not apply to a person who is accused of an offense under Section 49.04, 49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, Penal Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 950 (S.B. 1849), Sec. 2.02, eff. September 1, 2017.
Structure Texas Statutes
Title 1 - Code of Criminal Procedure
Chapter 16 - The Commitment or Discharge of the Accused
Article 16.01. Examining Trial
Article 16.02. Examination Postponed
Article 16.03. Warning to Accused
Article 16.04. Voluntary Statement
Article 16.06. Counsel May Examine Witness
Article 16.07. Same Rules of Evidence as on Final Trial
Article 16.08. Presence of the Accused
Article 16.09. Testimony Reduced to Writing
Article 16.10. Attachment for Witness
Article 16.11. Attachment to Another County
Article 16.12. Witness Need Not Be Tendered His Witness Fees or Expenses
Article 16.13. Attachment Executed Forthwith
Article 16.14. Postponing Examination
Article 16.15. Who May Discharge Capital Offense
Article 16.16. If Insufficient Bail Has Been Taken
Article 16.17. Decision of Judge
Article 16.18. When No Safe Jail
Article 16.19. Warrant in Such Case
Article 16.21. Duty of Sheriff as to Prisoners
Article 16.23. Diversion of Persons Suffering Mental Health Crisis or Substance Abuse Issue