Texas Code of Criminal Procedure

Art. Art. 42A.506
Community Supervision for Defendant With Mental Impairment


If the judge places a defendant on community supervision and the defendant is determined to be a person with mental illness or a person with an intellectual disability, as provided by Article 16.22 or Chapter 46B (Incompetency to Stand Trial) or in a psychological evaluation conducted under Article 42A.253 (Contents of Presentence Report)(a)(6), the judge may require the defendant as a condition of community supervision to submit to outpatient or inpatient mental health or intellectual disability treatment if:

(1)

the defendant’s:

(A)

mental impairment is chronic in nature; or

(B)

ability to function independently will continue to deteriorate if the defendant does not receive mental health or intellectual disability services; and

(2)

the judge determines, in consultation with a local mental health or intellectual disability services provider, that mental health or intellectual disability services, as appropriate, are available for the defendant through:

(A)

the Department of State Health Services or the Department of Aging and Disability Services under Section 534.053 (Required Community-based Mental Health Services), Health and Safety Code; or

(B)

another mental health or intellectual disability services provider.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
Source

Last accessed
Jun. 7, 2021