(b) Proceedings for commitment of the defendant to court-ordered mental health services are governed by Subtitle C, Title 7, Health and Safety Code, to the extent that Subtitle C applies and does not conflict with this chapter, except that the criminal court shall conduct the proceedings whether or not the criminal court is also the county court.
(c) If the court enters an order committing the defendant to a mental health facility, the defendant shall be:
(1) treated in conformity with Subtitle C, Title 7, Health and Safety Code, except as otherwise provided by this chapter; and
(2) released in conformity with Article 46B.107.
(d) In proceedings conducted under this subchapter for a defendant described by Subsection (a):
(1) an application for court-ordered temporary or extended mental health services may not be required;
(2) the provisions of Subtitle C, Title 7, Health and Safety Code, relating to notice of hearing do not apply; and
(3) appeals from the criminal court proceedings are to the court of appeals as in the proceedings for court-ordered inpatient mental health services under Subtitle C, Title 7, Health and Safety Code.
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. 10, eff. September 1, 2007.
Structure Texas Statutes
Title 1 - Code of Criminal Procedure
Chapter 46B - Incompetency to Stand Trial
Subchapter E. Civil Commitment: Charges Pending
Article 46B.101. Applicability
Article 46B.102. Civil Commitment Hearing: Mental Illness
Article 46B.103. Civil Commitment Hearing: Intellectual Disability
Article 46B.104. Civil Commitment Placement: Finding of Violence
Article 46B.105. Transfer Following Civil Commitment Placement
Article 46B.1055. Modification of Order Following Inpatient Civil Commitment Placement
Article 46B.106. Civil Commitment Placement: No Finding of Violence
Article 46B.107. Release of Defendant After Civil Commitment
Article 46B.108. Redetermination of Competency
Article 46B.109. Request by Head of Facility or Outpatient Treatment Provider
Article 46B.111. Appointment of Examiners
Article 46B.112. Determination of Restoration With Agreement
Article 46B.113. Determination of Restoration Without Agreement
Article 46B.114. Transportation of Defendant to Court
Article 46B.115. Subsequent Redeterminations of Competency
Article 46B.116. Disposition on Determination of Competency
Article 46B.117. Disposition on Determination of Incompetency