Texas Health and Safety Code 462.081 – Commitment by Courts in Criminal Proceedings; Alternative Sentencing
(a) The judge of a court with jurisdiction of misdemeanor cases may remand the defendant to a treatment facility approved by the department to accept court commitments for care and treatment for not more than 90 days, instead of incarceration or fine, if:
(1) the court or a jury has found the defendant guilty of an offense classified as a Class A or B misdemeanor;
(2) the court finds that the offense resulted from or was related to the defendant’s chemical dependency;
(3) a treatment facility approved by the department is available to treat the defendant; and
(4) the treatment facility agrees in writing to admit the defendant under this section.
(b) A defendant who, in the opinion of the court, is a person with mental illness is not eligible for sentencing under this section.
Terms Used In Texas Health and Safety Code 462.081
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- 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.
- 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
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
(c) The court’s sentencing order is a final conviction, and the order may be appealed in the same manner as appeals are made from other judgments of that court.
(d) A juvenile court may remand a child to a treatment facility for care and treatment for not more than 90 days after the date on which the child is remanded if:
(1) the court finds that the child has engaged in delinquent conduct or conduct indicating a need for supervision and that the conduct resulted from or was related to the child’s chemical dependency;
(2) a treatment facility approved by the department to accept court commitments is available to treat the child; and
(3) the facility agrees in writing to receive the child under this section.