Tex.
Code of Crim. Proc. Article 46B.086
Court-ordered Medications
(a)
This article applies only to a defendant:(1)
who is determined under this chapter to be incompetent to stand trial;(2)
who either:(A)
remains confined in a correctional facility, as defined by Section 1.07 (Definitions), Penal Code, for a period exceeding 72 hours while awaiting transfer to an inpatient mental health facility, a residential care facility, or an outpatient competency restoration program;(B)
is committed to an inpatient mental health facility, a residential care facility, or a jail-based competency restoration program for the purpose of competency restoration;(C)
is confined in a correctional facility while awaiting further criminal proceedings following competency restoration; or(D)
is subject to Article 46B.072 (Release on Bail for Felony or Class a Misdemeanor), if the court has made the determinations required by Subsection (a-1) of that article;(3)
for whom a correctional facility or jail-based competency restoration program that employs or contracts with a licensed psychiatrist, an inpatient mental health facility, a residential care facility, or an outpatient competency restoration program provider has prepared a continuity of care plan that requires the defendant to take psychoactive medications; and(4)
who, after a hearing held under Section 574.106 (Hearing and Order Authorizing Psychoactive Medication) or 592.156 (Hearing and Order Authorizing Psychoactive Medication), Health and Safety Code, if applicable, has been found to not meet the criteria prescribed by Sections 574.106 (Hearing and Order Authorizing Psychoactive Medication)(a) and (a-1) or 592.156 (Hearing and Order Authorizing Psychoactive Medication)(a) and (b), Health and Safety Code, for court-ordered administration of psychoactive medications.(b)
If a defendant described by Subsection (a) refuses to take psychoactive medications as required by the defendant’s continuity of care plan, the director of the facility or the program provider, as applicable, shall notify the court in which the criminal proceedings are pending of that fact not later than the end of the next business day following the refusal. The court shall promptly notify the attorney representing the state and the attorney representing the defendant of the defendant’s refusal. The attorney representing the state may file a written motion to compel medication. The motion to compel medication must be filed not later than the 15th day after the date a judge issues an order stating that the defendant does not meet the criteria for court-ordered administration of psychoactive medications under Section 574.106 (Hearing and Order Authorizing Psychoactive Medication) or 592.156 (Hearing and Order Authorizing Psychoactive Medication), Health and Safety Code, except that, for a defendant in an outpatient competency restoration program, the motion may be filed at any time.(c)
The court, after notice and after a hearing held not later than the 10th day after the motion to compel medication is filed, may authorize the director of the facility or the program provider, as applicable, to have the medication administered to the defendant, by reasonable force if necessary. A hearing under this subsection may be conducted using an electronic broadcast system as provided by Article 46B.013 (Use of Electronic Broadcast System in Certain Proceedings Under This Chapter).(d)
The court may issue an order under this article only if the order is supported by the testimony of two physicians, one of whom is the physician at or with the applicable facility or program who is prescribing the medication as a component of the defendant’s continuity of care plan and another who is not otherwise involved in proceedings against the defendant. The court may require either or both physicians to examine the defendant and report on the examination to the court.(e)
The court may issue an order under this article if the court finds by clear and convincing evidence that:(1)
the prescribed medication is medically appropriate, is in the best medical interest of the defendant, and does not present side effects that cause harm to the defendant that is greater than the medical benefit to the defendant;(2)
the state has a clear and compelling interest in the defendant obtaining and maintaining competency to stand trial;(3)
no other less invasive means of obtaining and maintaining the defendant’s competency exists; and(4)
the prescribed medication will not unduly prejudice the defendant’s rights or use of defensive theories at trial.(f)
A statement made by a defendant to a physician during an examination under Subsection (d) may not be admitted against the defendant in any criminal proceeding, other than at:(1)
a hearing on the defendant’s incompetency; or(2)
any proceeding at which the defendant first introduces into evidence the contents of the statement.(g)
For a defendant described by Subsection (a)(2)(A), an order issued under this article:(1)
authorizes the initiation of any appropriate mental health treatment for the defendant awaiting transfer; and(2)
does not constitute authorization to retain the defendant in a correctional facility for competency restoration treatment.(a)
Repealed by Acts 2021, 87th Leg., R.S., Ch. 936 (S.B. 49), Sec. 11(2), eff. September 1, 2021.(b)
A county or counties jointly may develop and implement a jail-based competency restoration program.(c)
A county that implements a program under this article shall contract with a provider of jail-based competency restoration services that is a local mental health authority or local behavioral health authority that is in good standing with the commission, which may include an authority that is in good standing with the commission and subcontracts with a provider of jail-based competency restoration services.(d)
A jail-based competency restoration program must:(1)
provide jail-based competency restoration services through the use of a multidisciplinary treatment team that are:(A)
directed toward the specific objective of restoring the defendant’s competency to stand trial; and(B)
similar to other competency restoration programs;(2)
employ or contract for the services of at least one psychiatrist;(3)
provide jail-based competency restoration services through licensed or qualified mental health professionals;(4)
provide weekly competency restoration hours commensurate to the hours provided as part of a competency restoration program at an inpatient mental health facility;(5)
operate in the jail in a designated space that is separate from the space used for the general population of the jail;(6)
ensure coordination of general health care;(7)
provide mental health treatment and substance use disorder treatment to defendants, as necessary, for competency restoration; and(8)
supply clinically appropriate psychoactive medications for purposes of administering court-ordered medication to defendants as applicable and in accordance with Article 46B.086 (Court-ordered Medications) of this code or Section 574.106 (Hearing and Order Authorizing Psychoactive Medication), Health and Safety Code.(e)
The executive commissioner shall adopt rules as necessary for a county to develop and implement a program under this article. The commission shall, as part of the rulemaking process, establish contract monitoring and oversight requirements for a local mental health authority or local behavioral health authority that contracts with a county to provide jail-based competency restoration services under this article. The contract monitoring and oversight requirements must be consistent with local mental health authority or local behavioral health authority performance contract monitoring and oversight requirements, as applicable.(f)
The commission may inspect on behalf of the state any aspect of a program implemented under this article.(g)
A psychiatrist or psychologist for the provider who has the qualifications described by Article 46B.022 (Experts: Qualifications) shall evaluate the defendant’s competency and report to the court as required by Article 46B.079 (Notice and Report to Court).(h)
If at any time during a defendant’s commitment to a program implemented under this article the psychiatrist or psychologist for the provider determines that the defendant has attained competency to stand trial:(1)
the psychiatrist or psychologist for the provider shall promptly issue and send to the court a report demonstrating that fact; and(2)
the court shall consider that report as the report of an expert stating an opinion that the defendant has been restored to competency for purposes of Article 46B.0755 (Procedures on Credible Evidence of Immediate Restoration)(a) or (b).(i)
If at any time during a defendant’s commitment to a program implemented under this article the psychiatrist or psychologist for the provider determines that the defendant’s competency to stand trial is unlikely to be restored in the foreseeable future:(1)
the psychiatrist or psychologist for the provider shall promptly issue and send to the court a report demonstrating that fact; and(2)
the court shall:(A)
proceed under Subchapter E or F and order the transfer of the defendant, without unnecessary delay, to the first available facility that is appropriate for that defendant, as provided under Subchapter E or F, as applicable; or(B)
release the defendant on bail as permitted under Chapter 17 (Bail).(j)
If the psychiatrist or psychologist for the provider determines that a defendant committed to a program implemented under this article has not been restored to competency by the end of the 60th day after the date the defendant began to receive services in the program, the jail-based competency restoration program shall continue to provide competency restoration services to the defendant for the period authorized by this subchapter, including any extension ordered under Article 46B.080 (Extension of Order), unless the jail-based competency restoration program is notified that space at a facility or outpatient competency restoration program appropriate for the defendant is available and, as applicable:(1)
for a defendant charged with a felony, not less than 45 days are remaining in the initial restoration period; or(2)
for a defendant charged with a felony or a misdemeanor, an extension has been ordered under Article 46B.080 (Extension of Order) and not less than 45 days are remaining under the extension order.(j-1)
After receipt of a notice under Subsection (j), the defendant shall be transferred without unnecessary delay to the appropriate mental health facility, residential care facility, or outpatient competency restoration program for the remainder of the period permitted by this subchapter, including any extension that may be ordered under Article 46B.080 (Extension of Order) if an extension has not previously been ordered under that article. If the defendant is not transferred, and if the psychiatrist or psychologist for the provider determines that the defendant has not been restored to competency by the end of the period authorized by this subchapter, the defendant shall be returned to the court for further proceedings. For a defendant charged with a misdemeanor, the court may:(1)
proceed under Subchapter E or F;(2)
release the defendant on bail as permitted under Chapter 17 (Bail); or(3)
dismiss the charges in accordance with Article 46B.010 (Mandatory Dismissal of Misdemeanor Charges).(k)
Unless otherwise provided by this article, the provisions of this chapter, including the maximum periods prescribed by Article 46B.0095 (Maximum Period of Commitment or Program Participation Determined by Maximum Term for Offense), apply to a defendant receiving competency restoration services, including competency restoration education services, under a program implemented under this article in the same manner as those provisions apply to any other defendant who is subject to proceedings under this chapter.(l)
This article does not affect the responsibility of a county to ensure the safety of a defendant who is committed to the program and to provide the same adequate care to the defendant as is provided to other inmates of the jail in which the defendant is located.(m)
The court retains authority to order the transfer of a defendant who is subject to an order for jail-based competency restoration services to an outpatient competency restoration program if:(1)
the court determines that the defendant 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(2)
the other requirements of this subchapter relating to an order for outpatient competency restoration services are met.
Source:
Article 46B.086 — Court-ordered Medications, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.46B.htm#46B.086 (accessed Apr. 20, 2024).
