Texas Code of Criminal Procedure 46B.103 – Civil Commitment Hearing: Intellectual Disability
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(a) If it appears to the court that the defendant may be a person with an intellectual disability, the court shall hold a hearing to determine whether the defendant is a person with an intellectual disability.
(b) Proceedings for commitment of the defendant to a residential care facility are governed by Subtitle D, Title 7, Health and Safety Code, to the extent that Subtitle D 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 a county court.
Terms Used In Texas Code of Criminal Procedure 46B.103
- 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 residential care facility, the defendant shall be:
(1) treated and released in accordance with Subtitle D, Title 7, Health and Safety Code, except as otherwise provided by this chapter; and
(2) released in conformity with Article 46B.107.
(d) In the proceedings conducted under this subchapter for a defendant described by Subsection (a):
(1) an application to have the defendant declared a person with an intellectual disability may not be required;
(2) the provisions of Subtitle D, 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 commitment to a residential care facility under Subtitle D, Title 7, Health and Safety Code.