(b) At the hearing, the court without a jury shall determine whether the state has established clear and convincing evidence that:
(1) the acquitted person failed to comply with the regimen in a manner or under circumstances indicating the person will become likely to cause serious harm to another if the person is provided continued outpatient or community-based treatment and supervision; or
(2) the acquitted person has become likely to cause serious harm to another if provided continued outpatient or community-based treatment and supervision.
(c) On a determination under Subsection (b), the court may take any appropriate action, including:
(1) revoking court-ordered outpatient or community-based treatment and supervision and ordering the person committed for inpatient or residential care; or
(2) imposing additional or more stringent terms on continued outpatient or community-based treatment.
(d) An acquitted person who is the subject of a proceeding under this article is entitled to representation by counsel in the proceeding.
(e) The court shall set a date for a hearing under this article that is not later than the seventh day after the applicable motion was filed. The court may grant one or more continuances of the hearing on the motion of a party or of the court and for good cause shown.
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