Texas Government Code 125.003 – Program
(a) A mental health court program established under § 125.002:
(1) may handle all issues arising under Articles 16.22 and 17.032, Code of Criminal Procedure, and Chapter 46B, Code of Criminal Procedure; and
(2) must:
(A) ensure a person eligible for the program is provided legal counsel before volunteering to proceed through the mental health court program and while participating in the program;
(B) allow a person, if eligible for the program, to choose whether to proceed through the mental health court program or proceed through the regular criminal justice system;
(C) allow a participant to withdraw from the mental health court program at any time before a trial on the merits has been initiated;
(D) provide a participant with a court-ordered individualized treatment plan indicating the services that will be provided to the participant; and
(E) ensure that the jurisdiction of the mental health court extends at least six months but does not extend beyond the probationary period for the offense charged if the probationary period is longer than six months.
Text of subsection effective until January 01, 2025
(b) The issues shall be handled by a magistrate, as designated by Article 2.09, Code of Criminal Procedure, who is part of a mental health court program established under § 125.002.
Text of subsection effective on January 01, 2025
Terms Used In Texas Government Code 125.003
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- 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
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) The issues shall be handled by a magistrate, as designated by Article 2A.151, Code of Criminal Procedure, who is part of a mental health court program established under § 125.002.