Texas statute
Tex. Code Crim. Proc. art. 46C.267 — Detention pending proceedings to modify or revoke order for outpatient or community-based treatment and supervision
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.267
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.
(a) The state or the head of the facility or other person responsible for administering a regimen of outpatient or community-based treatment and supervision may file a sworn application with the court for the detention of an acquitted person receiving court-ordered outpatient or community-based treatment and supervision. The application must state that the person meets the criteria of Article 46C.266 and provide a detailed explanation of that statement. (b) If the court determines that the application establishes probable cause to believe the order for outpatient or community-based treatment and supervision should be revoked, the court shall issue an order to an on-duty peace officer authorizing the acquitted person to be taken into custody and brought before the court. (c) An acquitted person taken into custody under an order of detention shall be brought before the court without unnecessary delay. (d) When an acquitted person is brought before the court, the court shall determine whether there is probable cause to believe that the order for outpatient or community-based treatment and supervision should be revoked. On a finding that probable cause for revocation exists, the court shall order the person held in protective custody pending a determination of whether the order should be revoked. (e) An acquitted person may be detained under an order for protective custody for a period not to exceed 72 hours, excluding Saturdays, Sundays, legal holidays, and the period prescribed by Section 574.025 (b), Health and Safety Code, for an extreme emergency. (f) This subchapter does not affect the power of a peace officer to take an acquitted person into custody under Section 573.001 , Health and Safety Code.
Official sources
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