Tex.
Code of Crim. Proc. Article 46B.113
Determination of Restoration Without Agreement
(a)
The court shall hold a hearing on a request by the head of a facility or outpatient treatment provider to which a defendant has been committed as a result of a finding of incompetency to stand trial to determine whether the defendant has been restored to competency.(b)
The court may hold a hearing on a motion to determine whether the defendant has been restored to competency or on the court’s decision on its own motion to inquire into restoration of competency, and shall hold a hearing if a motion and any supporting material establish good reason to believe the defendant may have been restored to competency.(c)
If a court holds a hearing under this article, on the request of the counsel for either party or the motion of the court, a jury shall make the competency determination. If the competency determination will be made by the court rather than a jury, the court may conduct the hearing:(1)
at the facility; or(2)
by means of an electronic broadcast system as provided by Article 46B.013 (Use of Electronic Broadcast System in Certain Proceedings Under This Chapter).(d)
If the head of a facility or outpatient treatment provider to which the defendant was committed as a result of a finding of incompetency to stand trial has provided an opinion that the defendant has regained competency, competency is presumed at a hearing under this subchapter and continuing incompetency must be proved by a preponderance of the evidence.(e)
If the head of a facility or outpatient treatment provider has not provided an opinion described by Subsection (d), incompetency is presumed at a hearing under this subchapter and the defendant’s competency must be proved by a preponderance of the evidence.
Source:
Article 46B.113 — Determination of Restoration Without Agreement, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.46B.htm#46B.113 (accessed Jun. 5, 2024).
