(b) If a defendant for whom an order is entered under Subsection (a) was committed for competency restoration to a facility other than a jail-based competency restoration program, the court shall send a copy of that order to:
(1) the sheriff of the county in which the court is located;
(2) the head of the facility to which the defendant was committed for competency restoration; and
(3) the local mental health authority or local intellectual and developmental disability authority, as appropriate.
(c) As soon as practicable but not later than the 10th day after the date of receipt of a copy of an order under Subsection (b)(2), the applicable facility shall discharge the defendant into the care of the sheriff of the county in which the court is located or into the care of the sheriff's deputy. The sheriff or sheriff's deputy shall transport the defendant to the jail-based competency restoration program or outpatient competency restoration program, as appropriate.
(d) A jail-based competency restoration program or outpatient competency restoration program that receives a defendant under this article shall give to the court:
(1) notice regarding the defendant's entry into the program for purposes of receiving competency restoration education services; and
(2) subsequent notice as otherwise required under Article 46B.079.
Added by Acts 2017, 85th Leg., R.S., Ch. 748 (S.B. 1326), Sec. 23, eff. September 1, 2017.
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