Tex. Code of Crim. Proc. Article 46C.267
Detention Pending Proceedings to Modify or Revoke Order for Outpatient or Community-based Treatment and Supervision

(a)

The state or the head of the facility or other person responsible for administering a regimen of outpatient or community-based treatment and supervision may file a sworn application with the court for the detention of an acquitted person receiving court-ordered outpatient or community-based treatment and supervision. The application must state that the person meets the criteria of Article 46C.266 (Modification or Revocation of Order for Outpatient or Community-based Treatment and Supervision) and provide a detailed explanation of that statement.

(b)

If the court determines that the application establishes probable cause to believe the order for outpatient or community-based treatment and supervision should be revoked, the court shall issue an order to an on-duty peace officer authorizing the acquitted person to be taken into custody and brought before the court.

(c)

An acquitted person taken into custody under an order of detention shall be brought before the court without unnecessary delay.

(d)

When an acquitted person is brought before the court, the court shall determine whether there is probable cause to believe that the order for outpatient or community-based treatment and supervision should be revoked. On a finding that probable cause for revocation exists, the court shall order the person held in protective custody pending a determination of whether the order should be revoked.

(e)

An acquitted person may be detained under an order for protective custody for a period not to exceed 72 hours, excluding Saturdays, Sundays, legal holidays, and the period prescribed by Section 574.025 (Probable Cause Hearing)(b), Health and Safety Code, for an extreme emergency.

(f)

This subchapter does not affect the power of a peace officer to take an acquitted person into custody under Section 573.001 (Apprehension by Peace Officer Without Warrant), Health and Safety Code.
Added by Acts 2005, 79th Leg., Ch. 831 (S.B. 837), Sec. 2, eff. September 1, 2005.

Source: Article 46C.267 — Detention Pending Proceedings to Modify or Revoke Order for Outpatient or Community-based Treatment and Supervision, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­46C.­htm#46C.­267 (accessed Jun. 5, 2024).

46C.001
Definitions 46C.002
Maximum Period of Commitment Determined by Maximum Term for Offense 46C.003
Victim Notification of Release 46C.0011
Facility Designation 46C.051
Notice of Intent to Raise Insanity Defense 46C.052
Effect of Failure to Give Notice 46C.101
Appointment of Experts 46C.102
Experts: Qualifications 46C.103
Competency to Stand Trial: Concurrent Appointment 46C.104
Order Compelling Defendant to Submit to Examination 46C.105
Reports Submitted by Experts 46C.106
Compensation of Experts 46C.107
Examination by Expert of Defendant’s Choice 46C.151
Determination of Sanity Issue by Jury 46C.152
Determination of Sanity Issue by Judge 46C.153
General Provisions Relating to Determination of Sanity Issue by Judge or Jury 46C.154
Informing Jury Regarding Consequences of Acquittal 46C.155
Finding of Not Guilty by Reason of Insanity Considered Acquittal 46C.156
Judgment 46C.157
Determination Regarding Dangerous Conduct of Acquitted Person 46C.158
Continuing Jurisdiction of Dangerous Acquitted Person 46C.159
Proceedings Regarding Nondangerous Acquitted Person 46C.160
Detention Pending Further Proceedings 46C.201
Disposition: Nondangerous Conduct 46C.202
Detention or Release 46C.251
Commitment for Evaluation and Treatment 46C.252
Report After Evaluation 46C.253
Hearing on Disposition 46C.254
Effect of Stabilization on Treatment Regimen 46C.255
Trial by Jury 46C.256
Order of Commitment to Inpatient Treatment or Residential Care 46C.257
Order to Receive Outpatient or Community-based Treatment and Supervision 46C.258
Responsibility of Inpatient or Residential Care Facility 46C.259
Status of Committed Person 46C.260
Transfer of Committed Person to Non-maximum Security Facility 46C.261
Renewal of Orders for Inpatient Commitment or Outpatient or Community-based Treatment and Supervision 46C.262
Court-ordered Outpatient or Community-based Treatment and Supervision After Inpatient Commitment 46C.263
Court-ordered Outpatient or Community-based Treatment and Supervision 46C.264
Location of Court-ordered Outpatient or Community-based Treatment and Supervision 46C.265
Supervisory Responsibility for Outpatient or Community-based Treatment and Supervision 46C.266
Modification or Revocation of Order for Outpatient or Community-based Treatment and Supervision 46C.267
Detention Pending Proceedings to Modify or Revoke Order for Outpatient or Community-based Treatment and Supervision 46C.268
Advance Discharge of Acquitted Person and Termination of Jurisdiction 46C.269
Termination of Court’s Jurisdiction 46C.270
Appeals
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Accessed:
Jun. 5, 2024

Art. 46C.267’s source at texas​.gov