(1) the person has a severe mental illness or mental retardation;
(2) the person, as a result of that mental illness or mental retardation, is likely to cause serious bodily injury to another if the person is not provided with treatment and supervision; and
(3) inpatient treatment or residential care is necessary to protect the safety of others.
(b) In determining whether inpatient treatment or residential care has been proved necessary, the court shall consider whether the evidence shows both that:
(1) an adequate regimen of outpatient or community-based treatment will be available to the person; and
(2) the person will follow that regimen.
(c) The order of commitment to inpatient treatment or residential care expires on the 181st day following the date the order is issued but is subject to renewal as provided by Article 46C.261.
Added by Acts 2005, 79th Leg., Ch. 831 (S.B. 837), Sec. 2, eff. September 1, 2005.
Structure Texas Statutes
Title 1 - Code of Criminal Procedure
Chapter 46C - Insanity Defense
Subchapter F. Disposition Following Acquittal By
Article 46C.251. Commitment for Evaluation and Treatment; Report
Article 46C.252. Report After Evaluation
Article 46C.253. Hearing on Disposition
Article 46C.254. Effect of Stabilization on Treatment Regimen
Article 46C.255. Trial by Jury
Article 46C.256. Order of Commitment to Inpatient Treatment or Residential Care
Article 46C.257. Order to Receive Outpatient or Community-Based Treatment and Supervision
Article 46C.258. Responsibility of Inpatient or Residential Care Facility
Article 46C.259. Status of Committed Person
Article 46C.260. Transfer of Committed Person to Non-Maximum Security Facility
Article 46C.263. Court-Ordered Outpatient or Community-Based Treatment and Supervision
Article 46C.264. Location of Court-Ordered Outpatient or Community-Based Treatment and Supervision
Article 46C.268. Advance Discharge of Acquitted Person and Termination of Jurisdiction