(1) as an initial matter under Article 46C.253;
(2) on renewal of an order of commitment under Article 46C.261; or
(3) after a period of inpatient treatment or residential care under Article 46C.262.
(b) An acquitted person may be ordered to participate in an outpatient or community-based regimen of treatment and supervision only if:
(1) the court receives and approves an outpatient or community-based treatment plan that comprehensively provides for the outpatient or community-based treatment and supervision; and
(2) the court finds that the outpatient or community-based treatment and supervision provided for by the plan will be available to and provided to the acquitted person.
(c) The order may require the person to participate in a prescribed regimen of medical, psychiatric, or psychological care or treatment, and the regimen may include treatment with psychoactive medication.
(d) The court may order that supervision of the acquitted person be provided by the appropriate community supervision and corrections department or the facility administrator of a community center that provides mental health or mental retardation services.
(e) The court may order the acquitted person to participate in a supervision program funded by the Texas Correctional Office on Offenders with Medical or Mental Impairments.
(f) An order under this article must identify the person responsible for administering an ordered regimen of outpatient or community-based treatment and supervision.
(g) In determining whether an acquitted person should be ordered to receive outpatient or community-based treatment and supervision rather than inpatient care or residential treatment, the court shall have as its primary concern the protection of society.
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