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.
Source:
Article 46B.105 — Transfer Following Civil Commitment Placement, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.46B.htm#46B.105 (accessed Jun. 5, 2024).
