(b) A person committed under this subchapter shall be transferred to the designated facility immediately on the entry of the order of commitment.
(c) Unless a person committed to a maximum security unit by the commission is determined to be manifestly dangerous by a review board under this article, not later than the 60th day following the date of the person's arrival at the maximum security unit the person shall be transferred to a non-maximum security unit of a facility designated by the commission.
(d) The executive commissioner shall appoint a review board of five members, including one psychiatrist licensed to practice medicine in this state and two persons who work directly with persons with mental illnesses or with mental retardation, to determine whether the person is manifestly dangerous and, as a result of the danger the person presents, requires continued placement in a maximum security unit.
(e) If the head of the facility at which the maximum security unit is located disagrees with the determination, then the matter shall be referred to the executive commissioner. The executive commissioner shall decide whether the person is manifestly dangerous.
Added by Acts 2005, 79th Leg., Ch. 831 (S.B. 837), Sec. 2, eff. September 1, 2005.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1212 (S.B. 562), Sec. 18, eff. June 14, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1276 (H.B. 601), Sec. 21, eff. September 1, 2019.
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