Texas Code of Criminal Procedure 46B.117 – Disposition On Determination of Incompetency
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Terms Used In Texas Code of Criminal Procedure 46B.117
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
If a defendant under order of commitment to a facility or outpatient treatment program is found to not have been restored to competency to stand trial, the court shall remand the defendant pursuant to that order of commitment, and, if applicable, order the defendant placed in the custody of the sheriff or the sheriff’s designee for transportation back to the facility or outpatient treatment program.