MOVEMENT BETWEEN PROGRAMMING TIERS.

(a) The office shall transfer between programming tiers a committed person required to reside in a total confinement facility if the transfer is in the best interests of the person and conditions can be imposed that adequately protect the community.

(b) Without the office's approval, a committed person may file a petition with the court for transfer to the next less restrictive tier. The court shall deny the transfer if the petition is filed before the 180th day after the date an order was entered under Subchapter D, F, or G or a previous order was entered under this section. The court shall grant the transfer if the court determines by clear and convincing evidence that the transfer is in the best interests of the person and that the office can impose conditions that adequately protect the community.

(c) A committed person who files a petition under Subsection (b) shall serve a copy of the petition on the office and the attorney representing the state.

(d) The office shall transfer a committed person who is not required to reside in a total confinement facility back to a more restrictive setting in a total confinement facility if the office considers the transfer necessary to further treatment and to protect the community. The decision to transfer the person must be based on the person's behavior or progress in treatment.

(e) Not later than the 90th day after the date a committed person is returned to a more restrictive setting in a total confinement facility under Subsection (d), the committing court shall hold a hearing via videoconference to review the office's determination. The court shall order the office to transfer the person to a less restrictive tier only if the court determines by clear and convincing evidence that the office's determination was not made in accordance with Subsection (d). The committed person may waive the right to a hearing under this subsection.