Tex.
Code of Crim. Proc. Article 42A.561
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 medical care facility or medical treatment program if the Texas Correctional Office on Offenders with Medical or Mental Impairments:(1)
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 plan that:(A)
ensures appropriate supervision of the defendant; and(B)
requires the defendant to remain under the care of a physician at the facility or in the program.(b)
If a defendant released to a medical care facility or medical treatment program 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).(a)
Except as provided by Subsection (b), a judge assessing punishment in a state jail felony case may suspend the imposition of the sentence and place the defendant on community supervision with the condition that the defendant participate in a program operated under Section 493.034 (Educational and Vocational Training Pilot Program), Government Code.(b)
A judge may not place a defendant on community supervision under this article if the defendant is or has previously been convicted of an offense under Title 5, Penal Code.(c)
Before a judge may place a defendant on community supervision under this article, the defendant must be assessed using the risk and needs assessment instrument adopted under Section 501.0921 (Risk and Needs Assessment Instrument), Government Code, or a similar instrument that takes into consideration the defendant’s prior criminal history.(d)
Repealed by Acts 2021, 87th Leg., R.S., Ch. 1014 (H.B. 2352), Sec. 5, eff. September 1, 2021.(e)
Notwithstanding the minimum period of community supervision provided by Article 42A.553 (Minimum and Maximum Periods of Community Supervision; Extension)(a), a judge placing a defendant on community supervision under this article shall impose a period of community supervision not to exceed 270 days.(f)
A defendant placed on community supervision under this article must participate fully in the program described by Subsection (a). The provisions of Subchapter P authorizing the judge to revoke a defendant’s community supervision or otherwise sanction the defendant apply with respect to a defendant who violates the requirement of this subsection.
Source:
Article 42A.561 — Medical Release, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.42A.htm#42A.561 (accessed Apr. 20, 2024).
