Texas Code of Criminal Procedure 46B.102 – Civil Commitment Hearing: Mental Illness
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(a) If it appears to the court that the defendant may be a person with mental illness, the court shall hold a hearing to determine whether the defendant should be court-ordered to mental health services under Subtitle C, Title 7, Health and Safety Code.
(b) Proceedings for commitment of the defendant to court-ordered mental health services are governed by Subtitle C, Title 7, Health and Safety Code, to the extent that Subtitle C applies and does not conflict with this chapter, except that the criminal court shall conduct the proceedings whether or not the criminal court is also the county court.
Terms Used In Texas Code of Criminal Procedure 46B.102
- 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 the court enters an order committing the defendant to a mental health facility, the defendant shall be:
(1) treated in conformity with Subtitle C, Title 7, Health and Safety Code, except as otherwise provided by this chapter; and
(2) released in conformity with Article 46B.107.
(d) In proceedings conducted under this subchapter for a defendant described by Subsection (a):
(1) an application for court-ordered temporary or extended mental health services may not be required;
(2) the provisions of Subtitle C, Title 7, Health and Safety Code, relating to notice of hearing do not apply; and
(3) appeals from the criminal court proceedings are to the court of appeals as in the proceedings for court-ordered inpatient mental health services under Subtitle C, Title 7, Health and Safety Code.