Texas Code of Criminal Procedure

Art. Art. 42A.561
Medical Release


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:


identifies the defendant as:


being a person who is elderly or terminally ill or a person with a physical disability;


being a person with mental illness or an intellectual disability; or


having a condition requiring long-term care; and


in cooperation with the community supervision and corrections department serving the sentencing court, prepares for the defendant a medically recommended intensive supervision plan that:


ensures appropriate supervision of the defendant; and


requires the defendant to remain under the care of a physician at the facility or in the program.


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).
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.

Last accessed
Jun. 7, 2021