Loading…
A standing administrative order of the Hays County Court at Law No. 3 prohibiting the out-of-county transfer of defendants with mental illness or intellectual disability (under Art. 16.22 or in the Mental Health Court) absent a case-by-case written order, with a presumption of local housing.
Applies to the housing and transfer of defendants with mental illness or intellectual disability in Hays County. Procedural information only; not legal advice.
Standing Administrative Order Prohibiting Out-of-County Transfer of Defendants in Mental Health Cases (Hays County Court at Law No. 3). For all defendants identified as having a mental illness or intellectual disability under Texas Code of Criminal Procedure Article 16.22, or those currently enrolled in or being screened for the Hays County Mental Health Court: (1) Presumption of Local Housing — there is a rebuttable presumption that such defendants must remain housed in the Hays County Jail facility; (2) Findings of Prejudice — the Court finds that out-of-county transfer creates an undue burden on the defense's ability to consult with counsel (infringing Sixth Amendment rights), results in significant legal delays and interruptions in court settings, causes disruption in the medication regimen (risking clinical decompensation), and is disruptive to essential services provided by local mental-health authorities and providers; and (3) Transfer Prohibition — the Sheriff of Hays County is prohibited from transferring any defendant with an active 'Mental Health Flag' or pending Article 16.22 assessment to an out-of-county facility without a specific, case-by-case written order from the presiding judge of the court of jurisdiction.
Standing Administrative Order Prohibiting Out-of-County Transfer of Defendants in Mental Health Cases (Hays County Court at Law No. 3). For all defendants identified as having a mental illness or intellectual disability under Texas Code of Criminal Procedure Article 16.22, or those currently enrolled in or being screened for the Hays County Mental Health Court: (1) Presumption of Local Housing — t
Reviewer note: Composed 2026-09-06 from the TOPICs custody scan (image-only PDF read through the vision lane). Bound to Hays County (criminal/mental health).
9 verbatim requirements from 4th Circuit Administrative Order 1997-10.
6 verbatim requirements from 4th Circuit Administrative Order 1997-13.