Tex.
Code of Crim. Proc. Article 42A.560
Medical Release
(a)
If a defendant is convicted of a state jail felony and the sentence is executed, the judge sentencing the defendant may release the defendant to a medically suitable placement if the judge determines that the defendant does not constitute a threat to public safety and the Texas Correctional Office on Offenders with Medical or Mental Impairments:(1)
in coordination with the Correctional Managed Health Care Committee, prepares a case summary and medical report that identifies the defendant as:(A)
being a person who is elderly or terminally ill or a person with a physical disability;(B)
being a person with mental illness or an intellectual disability; or(C)
having a condition requiring long-term care; and(2)
in cooperation with the community supervision and corrections department serving the sentencing court, prepares for the defendant a medically recommended intensive supervision and continuity of care plan that:(A)
ensures appropriate supervision of the defendant by the community supervision and corrections department; and(B)
requires the defendant to remain under the care of a physician at and reside in a medically suitable placement.(b)
The Texas Correctional Office on Offenders with Medical or Mental Impairments shall submit to a judge who releases a defendant to an appropriate medical care facility under Subsection (a) a quarterly status report concerning the defendant’s medical and treatment status.(c)
If a defendant released to a medically suitable placement under Subsection (a) violates the terms of that release, the judge may dispose of the matter as provided by Articles 42A.556 (Sanctions Imposed on Modification of Community Supervision) and 42A.558 (Revocation; Options Regarding Execution of Sentence)(a).
Source:
Article 42A.560 — Medical Release, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.42A.htm#42A.560 (accessed Jun. 5, 2024).
