Tex. Code Crim. Proc. art. 46B.0711 · Subchapter D. PROCEDURES AFTER DETERMINATION OF INCOMPETENCY
RELEASE ON BAIL FOR CLASS B MISDEMEANOR.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) This article applies only to a defendant who is subject to an initial restoration period based on Article 46B.071.
(b) Subject to conditions reasonably related to ensuring public safety and the effectiveness of the defendant's treatment, if the court determines that a defendant charged with an offense punishable as a Class B misdemeanor and found incompetent to stand trial is not a danger to others and may be safely treated on an outpatient basis with the specific objective of attaining competency to stand trial, and an appropriate outpatient competency restoration program is available for the defendant, the court shall:
(1) release the defendant on bail or continue the defendant's release on bail; and
(2) order the defendant to participate in an outpatient competency restoration program for a period not to exceed 60 days.
(c) Notwithstanding Subsection (b), the court may order a defendant to participate in an outpatient competency restoration program under this article only if:
(1) the court receives and approves a comprehensive plan that:
(A) provides for the treatment of the defendant for purposes of competency restoration; and
(B) identifies the person who will be responsible for providing that treatment to the defendant; and
(2) the court finds that the treatment proposed by the plan will be available to and will be provided to the defendant.
(d) An order issued under this article may require the defendant to participate in:
(1) as appropriate, an outpatient competency restoration program administered by a community center or an outpatient competency restoration program administered by any other entity that provides competency restoration services; and
(2) an appropriate prescribed regimen of medical, psychiatric, or psychological care or treatment.
Notes and commentary — not statutory text
History
Added by Acts 2017, 85th Leg., R.S., Ch. 748 (S.B. 1326), Sec. 11, eff. September 1, 2017.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CR/htm/CR.46B.htm
- Text hash
- sha256 e08cf2e96159a6c04e7379103ea60b6e6b7943c5c6fce93d9f3228f4eb47ca8a
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Code of Criminal Procedure
Cited by 7 provisions
Provisions in this library whose text cites Tex. Code Crim. Proc. art. 46B.0711. Each shows the citation as that text prints it.
Code of Criminal Procedure
- Tex. Code Crim. Proc. art. 46B.071OPTIONS ON DETERMINATION OF INCOMPETENCY.Printed as Article 46B.0711
- Tex. Code Crim. Proc. art. 46B.0735DATE COMPETENCY RESTORATION PERIOD BEGINS.Printed as Article 46B.0711, 46B.072, or 46B.073
- Tex. Code Crim. Proc. art. 46B.075TRANSFER OF DEFENDANT TO FACILITY OR PROGRAM.Printed as Article 46B.0711, 46B.072, or 46B.073
- Tex. Code Crim. Proc. art. 46B.0755PROCEDURES ON CREDIBLE EVIDENCE OF IMMEDIATE RESTORATION.Printed as Article 46B.0711, 46B.072, or 46B.073
- Tex. Code Crim. Proc. art. 46B.078CHARGES SUBSEQUENTLY DISMISSED.Printed as Article 46B.0711, 46B.072, or 46B.073
- Tex. Code Crim. Proc. art. 46B.081RETURN TO COURT.Printed as Article 46B.0711, 46B.072, or 46B.073
- Tex. Code Crim. Proc. art. 46B.082TRANSPORTATION OF DEFENDANT TO COURT.Printed as Article 46B.0711, 46B.072, or 46B.073
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.