(b) The court may enter an order under Subsection (a) only if the court determines that:
(1) the defendant has not attained competency; and
(2) an extension of the initial restoration period will likely enable the facility or program to restore the defendant to competency within the period of the extension.
(c) The court may grant only one 60-day extension under this article in connection with the specific offense with which the defendant is charged.
(d) An extension under this article begins on the later of:
(1) the date the court enters the order under Subsection (a); or
(2) the date competency restoration services actually begin pursuant to the order entered under Subsection (a).
Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.
Amended by:
Acts 2005, 79th Leg., Ch. 324 (S.B. 679), Sec. 12, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1307 (S.B. 867), Sec. 7, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 822 (H.B. 2725), Sec. 15, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 748 (S.B. 1326), Sec. 22, eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 936 (S.B. 49), Sec. 5, eff. September 1, 2021.
Structure Texas Statutes
Title 1 - Code of Criminal Procedure
Chapter 46B - Incompetency to Stand Trial
Subchapter D. Procedures After Determination of Incompetency
Article 46B.071. Options on Determination of Incompetency
Article 46B.0711. Release on Bail for Class B Misdemeanor
Article 46B.072. Release on Bail for Felony or Class a Misdemeanor
Article 46B.073. Commitment for Restoration to Competency
Article 46B.0735. Date Competency Restoration Period Begins
Article 46B.074. Competent Testimony Required
Article 46B.075. Transfer of Defendant to Facility or Program
Article 46B.0755. Procedures on Credible Evidence of Immediate Restoration
Article 46B.076. Court's Order
Article 46B.077. Individual Treatment Program
Article 46B.078. Charges Subsequently Dismissed
Article 46B.079. Notice and Report to Court
Article 46B.080. Extension of Order
Article 46B.0805. Competency Restoration Education Services
Article 46B.081. Return to Court
Article 46B.082. Transportation of Defendant to Court
Article 46B.0825. Administration of Medication While in Custody of Sheriff
Article 46B.083. Supporting Commitment Information Provided by Facility or Program
Article 46B.0831. Determination Whether Defendant Is Manifestly Dangerous
Article 46B.084. Proceedings on Return of Defendant to Court
Article 46B.085. Subsequent Restoration Periods and Extensions of Those Periods Prohibited
Article 46B.086. Court-Ordered Medications
Article 46B.091. Jail-Based Competency Restoration Program Implemented by County