Tex. Code of Crim. Proc. Article 46B.105
Transfer Following Civil Commitment Placement


(a)

Unless a defendant committed to a maximum security unit by the commission is determined to be manifestly dangerous by a review board established under Subsection (b), not later than the 60th day after the date the defendant arrives at the maximum security unit, the defendant shall be transferred to:

(1)

a unit of an inpatient mental health facility other than a maximum security unit;

(2)

a residential care facility; or

(3)

a program designated by a local mental health authority or a local intellectual and developmental disability authority.

(b)

The executive commissioner shall appoint a review board of five members, including one psychiatrist licensed to practice medicine in this state and two persons who work directly with persons with mental illness or an intellectual disability, to determine whether the defendant is manifestly dangerous and, as a result of the danger the defendant presents, requires continued placement in a maximum security unit.

(c)

The review board may not make a determination as to the defendant’s need for treatment.

(d)

A finding that the defendant is not manifestly dangerous is not a medical determination that the defendant no longer meets the criteria for involuntary civil commitment under Subtitle C or D, Title 7, Health and Safety Code.

(e)

If the superintendent of the facility at which the maximum security unit is located disagrees with the determination, the matter shall be referred to the executive commissioner. The executive commissioner shall decide whether the defendant is manifestly dangerous.
Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.
Amended by:
Acts 2005, 79th Leg., Ch. 324 (S.B. 679), Sec. 21, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 6.020, eff. April 2, 2015.
Acts 2019, 86th Leg., R.S., Ch. 1212 (S.B. 562), Sec. 7, eff. June 14, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1276 (H.B. 601), Sec. 10, eff. September 1, 2019.

Source: Article 46B.105 — Transfer Following Civil Commitment Placement, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­46B.­htm#46B.­105 (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.105’s source at texas​.gov