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Terms Used In Texas Code of Criminal Procedure 42A.506

  • 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

If the judge places a defendant on community supervision and the defendant is determined to be a person with mental illness or a person with an intellectual disability, as provided by Article 16.22 or Chapter 46B or in a psychological evaluation conducted under Article 42A.253(a)(6), the judge may require the defendant as a condition of community supervision to submit to outpatient or inpatient mental health or intellectual disability treatment if:
(1) the defendant’s:
(A) mental impairment is chronic in nature; or
(B) ability to function independently will continue to deteriorate if the defendant does not receive mental health or intellectual disability services; and
(2) the judge determines, in consultation with a local mental health or intellectual disability services provider, that mental health or intellectual disability services, as appropriate, are available for the defendant through:
(A) the Department of State Health Services or the Department of Aging and Disability Services under § 534.053, Health and Safety Code; or
(B) another mental health or intellectual disability services provider.