Texas Code of Criminal Procedure 46C.256 – Order of Commitment to Inpatient Treatment or Residential Care
(a) The court shall order the acquitted person committed to a mental hospital or other appropriate facility for inpatient treatment or residential care if the state establishes by clear and convincing evidence that:
(1) the person has a severe mental illness or an intellectual disability;
(2) the person, as a result of that mental illness or intellectual disability, is likely to cause serious bodily injury to another if the person is not provided with treatment and supervision; and
(3) inpatient treatment or residential care is necessary to protect the safety of others.
(b) In determining whether inpatient treatment or residential care has been proved necessary, the court shall consider whether the evidence shows both that:
(1) an adequate regimen of outpatient or community-based treatment will be available to the person; and
(2) the person will follow that regimen.
Terms Used In Texas Code of Criminal Procedure 46C.256
- 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) The order of commitment to inpatient treatment or residential care expires on the 181st day following the date the order is issued but is subject to renewal as provided by Article 46C.261.