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Texas statute

Tex. Code Crim. Proc. art. 46C.256 — Order of commitment to inpatient treatment or residential care

Current through 89th Legislature, 2nd Called Session (2025)

Part of Chapter 46C: INSANITY DEFENSE, Texas Code of Criminal Procedure.

Full text of Tex. Code Crim. Proc. art. 46C.256

Statutory text current through the 89th Legislature, 2nd Called Session (2025). This publication reproduces the official statutory text; it is not the official statutes of the State of Texas.

Tex. Code Crim. Proc. art. 46C.256Primary source, current through the 89th Legislature, 2nd Called Session (2025)
(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. (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 .

Official sources

This reference is informational and is not legal advice.