Texas Code of Criminal Procedure 46C.266 – Modification or Revocation of Order for Outpatient or Community-Based Treatment and Supervision
(a) The court, on its own motion or the motion of any interested person and after notice to the acquitted person and a hearing, may modify or revoke court-ordered outpatient or community-based treatment and supervision.
(b) At the hearing, the court without a jury shall determine whether the state has established clear and convincing evidence that:
(1) the acquitted person failed to comply with the regimen in a manner or under circumstances indicating the person will become likely to cause serious harm to another if the person is provided continued outpatient or community-based treatment and supervision; or
(2) the acquitted person has become likely to cause serious harm to another if provided continued outpatient or community-based treatment and supervision.
Terms Used In Texas Code of Criminal Procedure 46C.266
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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) On a determination under Subsection (b), the court may take any appropriate action, including:
(1) revoking court-ordered outpatient or community-based treatment and supervision and ordering the person committed for inpatient or residential care; or
(2) imposing additional or more stringent terms on continued outpatient or community-based treatment.
(d) An acquitted person who is the subject of a proceeding under this article is entitled to representation by counsel in the proceeding.
(e) The court shall set a date for a hearing under this article that is not later than the seventh day after the applicable motion was filed. The court may grant one or more continuances of the hearing on the motion of a party or of the court and for good cause shown.