(b) If before the 15th day after the date on which the court received notification under Article 46B.079(a), (b)(2), (b)(3), or (b-1) a defendant committed to a facility or jail-based competency restoration program or ordered to participate in an outpatient competency restoration program has not been transported to the court that issued the order under Article 46B.0711, 46B.072, or 46B.073, as applicable, the head of the facility or provider of the jail-based competency restoration program to which the defendant is committed or the provider of the outpatient competency restoration program in which the defendant is participating shall cause the defendant to be promptly transported to the court and placed in the custody of the sheriff of the county in which the court is located. The county in which the court is located shall reimburse the Health and Human Services Commission or program provider, as appropriate, for the mileage and per diem expenses of the personnel required to transport the defendant, calculated in accordance with rates provided in the General Appropriations Act for state employees.
Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1307 (S.B. 867), Sec. 7, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 6.014, eff. April 2, 2015.
Acts 2017, 85th Leg., R.S., Ch. 748 (S.B. 1326), Sec. 25, 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