Sec. 462.079. REVOCATION OF FURLOUGH. (a) A furlough may be revoked only after an administrative hearing held in accordance with department rules. The hearing must be held within 72 hours after the patient is returned to the facility.
(b) A hearing officer shall conduct the hearing. The hearing officer may be a mental health or chemical dependency professional if the person is not directly involved in treating the patient.
(c) The hearing is informal, and the patient is entitled to present information and argument.
(d) The hearing officer may revoke the furlough if the officer determines that the revocation is justified under Section 462.078(b)(1) or (2).
(e) A hearing officer who revokes a furlough shall place in the patient's file:
(1) a written notation of the decision; and
(2) a written explanation of the reasons for the decision and the information on which the hearing officer relied.
(f) The patient shall be permitted to leave the facility under the furlough if the hearing officer determines that the furlough should not be revoked.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1177, eff. April 2, 2015.
Structure Texas Statutes
Title 6 - Food, Drugs, Alcohol, and Hazardous Substances
Subtitle B - Alcohol and Substance Abuse Programs
Chapter 462 - Treatment of Persons With Chemical Dependencies
Subchapter D. Court-Ordered Treatment
Section 462.061. Court-Ordered Treatment; Jurisdiction
Section 462.062. Application for Court-Ordered Treatment
Section 462.063. Prehearing Procedure
Section 462.064. Certificate of Medical Examination for Chemical Dependency
Section 462.065. Order of Protective Custody
Section 462.066. Probable Cause Hearing and Detention
Section 462.067. Hearing on Application for Court-Ordered Treatment
Section 462.068. Release After Hearing
Section 462.069. Court Order and Place of Treatment
Section 462.070. Motion for Modification of Order for Outpatient Treatment
Section 462.071. Order for Temporary Detention
Section 462.072. Modification of Order for Outpatient Services
Section 462.073. Modification of Order for Inpatient Treatment
Section 462.0731. Outpatient Care in Certain Counties
Section 462.074. Hospitalization Outside Treatment Facility
Section 462.075. Renewal of Order for Court-Ordered Treatment
Section 462.077. Pass or Furlough From Inpatient Care
Section 462.078. Return to Facility Under Facility Administrator's Certificate or Court Order
Section 462.079. Revocation of Furlough
Section 462.080. Release From Court-Ordered Treatment
Section 462.081. Commitment by Courts in Criminal Proceedings; Alternative Sentencing