Tex. Health & Safety Code Section 462.081
Commitment by Courts in Criminal Proceedings; Alternative Sentencing

(a)

The judge of a court with jurisdiction of misdemeanor cases may remand the defendant to a treatment facility approved by the department to accept court commitments for care and treatment for not more than 90 days, instead of incarceration or fine, if:

(1)

the court or a jury has found the defendant guilty of an offense classified as a Class A or B misdemeanor;

(2)

the court finds that the offense resulted from or was related to the defendant’s chemical dependency;

(3)

a treatment facility approved by the department is available to treat the defendant; and

(4)

the treatment facility agrees in writing to admit the defendant under this section.

(b)

A defendant who, in the opinion of the court, is a person with mental illness is not eligible for sentencing under this section.

(c)

The court’s sentencing order is a final conviction, and the order may be appealed in the same manner as appeals are made from other judgments of that court.

(d)

A juvenile court may remand a child to a treatment facility for care and treatment for not more than 90 days after the date on which the child is remanded if:

(1)

the court finds that the child has engaged in delinquent conduct or conduct indicating a need for supervision and that the conduct resulted from or was related to the child’s chemical dependency;

(2)

a treatment facility approved by the department to accept court commitments is available to treat the child; and

(3)

the facility agrees in writing to receive the child under this section.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1178, eff. April 2, 2015.

Source: Section 462.081 — Commitment by Courts in Criminal Proceedings; Alternative Sentencing, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­462.­htm#462.­081 (accessed Jun. 5, 2024).

462.001
Definitions 462.002
Filing Requirements 462.003
Inspection of Court Records 462.004
Representation of State 462.005
Costs 462.006
Writ of Habeas Corpus 462.007
Limitation of Liability 462.008
Criminal Penalty 462.009
Consent to Treatment 462.010
Consent to Treatment at Certain Facilities 462.011
Consent to Medication 462.012
Right to Refuse Medication 462.013
Medication Information 462.014
List of Medications 462.015
Outpatient Treatment Services Provided Using Telecommunications or Information Technology 462.021
Voluntary Admission of Adult 462.022
Voluntary Admission of Minor 462.023
Discharge or Release 462.024
Application for Court-ordered Treatment During Voluntary Inpatient Care 462.0025
Court Hours 462.025
Intake, Screening, Assessment, and Admission 462.041
Apprehension by Peace Officer Without Warrant 462.042
Judge’s or Magistrate’s Order for Emergency Detention 462.043
Issuance of Warrant 462.044
Preliminary Examination 462.045
Detention Period 462.046
Information to Be Provided on Admission 462.047
Release from Emergency Detention 462.048
Rights of Person Apprehended or Detained 462.061
Court-ordered Treatment 462.062
Application for Court-ordered Treatment 462.063
Prehearing Procedure 462.064
Certificate of Medical Examination for Chemical Dependency 462.065
Order of Protective Custody 462.066
Probable Cause Hearing and Detention 462.067
Hearing on Application for Court-ordered Treatment 462.068
Release After Hearing 462.069
Court Order and Place of Treatment 462.070
Motion for Modification of Order for Outpatient Treatment 462.071
Order for Temporary Detention 462.072
Modification of Order for Outpatient Services 462.073
Modification of Order for Inpatient Treatment 462.074
Hospitalization Outside Treatment Facility 462.075
Renewal of Order for Court-ordered Treatment 462.076
Appeal 462.077
Pass or Furlough from Inpatient Care 462.078
Return to Facility Under Facility Administrator’s Certificate or Court Order 462.079
Revocation of Furlough 462.080
Release from Court-ordered Treatment 462.081
Commitment by Courts in Criminal Proceedings 462.0731
Outpatient Care in Certain Counties
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Accessed:
Jun. 5, 2024

§ 462.081’s source at texas​.gov