Texas Code of Criminal Procedure 42A.560 – Medical Release
(a) If a defendant is convicted of a state jail felony and the sentence is executed, the judge sentencing the defendant may release the defendant to a medically suitable placement if the judge determines that the defendant does not constitute a threat to public safety and the Texas Correctional Office on Offenders with Medical or Mental Impairments:
(1) in coordination with the Correctional Managed Health Care Committee, prepares a case summary and medical report that identifies the defendant as:
(A) being a person who is elderly or terminally ill or a person with a physical disability;
(B) being a person with mental illness or an intellectual disability; or
(C) having a condition requiring long-term care; and
(2) in cooperation with the community supervision and corrections department serving the sentencing court, prepares for the defendant a medically recommended intensive supervision and continuity of care plan that:
(A) ensures appropriate supervision of the defendant by the community supervision and corrections department; and
(B) requires the defendant to remain under the care of a physician at and reside in a medically suitable placement.
(b) The Texas Correctional Office on Offenders with Medical or Mental Impairments shall submit to a judge who releases a defendant to an appropriate medical care facility under Subsection (a) a quarterly status report concerning the defendant’s medical and treatment status.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:Class | Prison | Fine |
---|---|---|
State jail felony | between 180 days and 2 years | up to $10,000 |
Terms Used In Texas Code of Criminal Procedure 42A.560
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(c) If a defendant released to a medically suitable placement under Subsection (a) violates the terms of that release, the judge may dispose of the matter as provided by Articles 42A.556 and 42A.558(a).