Tex. Code Crim. Proc. art. 46C.258 · Subchapter F. DISPOSITION FOLLOWING ACQUITTAL BY REASON OF INSANITY: FINDING OF DANGEROUS CONDUCT
RESPONSIBILITY OF INPATIENT OR RESIDENTIAL CARE FACILITY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The head of the facility to which an acquitted person is committed has, during the commitment period, a continuing responsibility to determine:
(1) whether the acquitted person continues to have a severe mental illness or an intellectual disability and is likely to cause serious harm to another because of any severe mental illness or intellectual disability; and
(2) if so, whether treatment and supervision cannot be safely and effectively provided as outpatient or community-based treatment and supervision.
(b) The head of the facility must notify the committing court and seek modification of the order of commitment if the head of the facility determines that an acquitted person no longer has a severe mental illness or an intellectual disability, is no longer likely to cause serious harm to another, or that treatment and supervision can be safely and effectively provided as outpatient or community-based treatment and supervision.
(c) Not later than the 60th day before the date of expiration of the order, the head of the facility shall transmit to the committing court a psychological evaluation of the acquitted person, a certificate of medical examination of the person, and any recommendation for further treatment of the person. The committing court shall make the documents available to the attorneys representing the state and the acquitted person.
Notes and commentary — not statutory text
History
Added by Acts 2005, 79th Leg., Ch. 831 (S.B. 837), Sec. 2, eff. September 1, 2005.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 30 (H.B. 446), Sec. 2.09, eff. September 1, 2023.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CR/htm/CR.46C.htm
- Text hash
- sha256 4d2e911bfb5dc86163a24ce17f7af2c7bf4525378b8e885b59f5702dbe7c4ded
- 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
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.