Tex. Code of Crim. Proc. Article 46B.072
Release on Bail for Felony or Class a Misdemeanor


(a)

This article applies only to a defendant who is subject to an initial restoration period based on Article 46B.071 (Options on Determination of Incompetency).

(a-1)

Subject to conditions reasonably related to ensuring public safety and the effectiveness of the defendant’s treatment, if the court determines that a defendant charged with an offense punishable as a felony or a Class A misdemeanor and found incompetent to stand trial is not a danger to others and may be safely treated on an outpatient basis with the specific objective of attaining competency to stand trial, and an appropriate outpatient competency restoration program is available for the defendant, the court:

(1)

may release on bail a defendant found incompetent to stand trial with respect to an offense punishable as a felony or may continue the defendant’s release on bail; and

(2)

shall release on bail a defendant found incompetent to stand trial with respect to an offense punishable as a Class A misdemeanor or shall continue the defendant’s release on bail.

(b)

The court shall order a defendant released on bail under Subsection (a-1) to participate in an outpatient competency restoration program for a period not to exceed 120 days.

(c)

Notwithstanding Subsection (a-1), the court may order a defendant to participate in an outpatient competency restoration program under this article only if:

(1)

the court receives and approves a comprehensive plan that:

(A)

provides for the treatment of the defendant for purposes of competency restoration; and

(B)

identifies the person who will be responsible for providing that treatment to the defendant; and

(2)

the court finds that the treatment proposed by the plan will be available to and will be provided to the defendant.

(d)

An order issued under this article may require the defendant to participate in:

(1)

as appropriate, an outpatient competency restoration program administered by a community center or an outpatient competency restoration program administered by any other entity that provides outpatient competency restoration services; and

(2)

an appropriate prescribed regimen of medical, psychiatric, or psychological care or treatment, including care or treatment involving the administration of psychoactive medication, including those required under Article 46B.086 (Court-ordered Medications).
Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1307 (S.B. 867), Sec. 3, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 822 (H.B. 2725), Sec. 10, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 748 (S.B. 1326), Sec. 12, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 748 (S.B. 1326), Sec. 13, eff. September 1, 2017.

Source: Article 46B.072 — Release on Bail for Felony or Class a Misdemeanor, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­46B.­htm#46B.­072 (accessed Mar. 23, 2024).

46B.001
Definitions
46B.002
Applicability
46B.003
Incompetency
46B.004
Raising Issue of Incompetency to Stand Trial
46B.005
Determining Incompetency to Stand Trial
46B.006
Appointment of and Representation by Counsel
46B.007
Admissibility of Statements and Certain Other Evidence
46B.008
Rules of Evidence
46B.009
Time Credits
46B.010
Mandatory Dismissal of Misdemeanor Charges
46B.011
Appeals
46B.012
Compliance with Chapter
46B.013
Use of Electronic Broadcast System in Certain Proceedings Under This Chapter
46B.0021
Facility Designation
46B.021
Appointment of Experts
46B.022
Experts: Qualifications
46B.023
Custody Status
46B.024
Factors Considered in Examination
46B.025
Expert’s Report
46B.026
Report Deadline
46B.027
Compensation of Experts
46B.051
Trial Before Judge or Jury
46B.052
Jury Verdict
46B.053
Procedure After Finding of Competency
46B.054
Uncontested Incompetency
46B.055
Procedure After Finding of Incompetency
46B.071
Options on Determination of Incompetency
46B.072
Release on Bail for Felony or Class a Misdemeanor
46B.073
Commitment for Restoration to Competency
46B.074
Competent Testimony Required
46B.075
Transfer of Defendant to Facility or Program
46B.076
Court’s Order
46B.077
Individual Treatment Program
46B.078
Charges Subsequently Dismissed
46B.079
Notice and Report to Court
46B.080
Extension of Order
46B.081
Return to Court
46B.082
Transportation of Defendant to Court
46B.083
Supporting Commitment Information Provided by Facility or Program
46B.084
Proceedings on Return of Defendant to Court
46B.085
Subsequent Restoration Periods and Extensions of Those Periods Prohibited
46B.086
Court-ordered Medications
46B.0095
Maximum Period of Commitment or Program Participation Determined by Maximum Term for Offense
46B.101
Applicability
46B.102
Civil Commitment Hearing: Mental Illness
46B.103
Civil Commitment Hearing: Intellectual Disability
46B.104
Civil Commitment Placement: Finding of Violence
46B.105
Transfer Following Civil Commitment Placement
46B.106
Civil Commitment Placement: No Finding of Violence
46B.107
Release of Defendant After Civil Commitment
46B.108
Redetermination of Competency
46B.109
Request by Head of Facility or Outpatient Treatment Provider
46B.110
Motion by Defendant, Attorney Representing Defendant, or Attorney Representing State
46B.111
Appointment of Examiners
46B.112
Determination of Restoration with Agreement
46B.113
Determination of Restoration Without Agreement
46B.114
Transportation of Defendant to Court
46B.115
Subsequent Redeterminations of Competency
46B.116
Disposition on Determination of Competency
46B.117
Disposition on Determination of Incompetency
46B.151
Court Determination Related to Civil Commitment
46B.171
Transcripts and Other Records
46B.0711
Release on Bail for Class B Misdemeanor
46B.0735
Date Competency Restoration Period Begins
46B.0755
Procedures on Credible Evidence of Immediate Restoration
46B.0805
Competency Restoration Education Services
46B.0825
Administration of Medication While in Custody of Sheriff
46B.0831
Determination Whether Defendant Is Manifestly Dangerous
46B.1055
Modification of Order Following Inpatient Civil Commitment Placement

Accessed:
Mar. 23, 2024

Art. 46B.072’s source at texas​.gov