Tex. Health & Safety Code Section 574.028
Release from Detention


(a)

The magistrate or associate judge shall order the release of a person under a protective custody order if the magistrate or associate judge determines after the hearing under Section 574.025 (Probable Cause Hearing) that no probable cause exists to believe that the proposed patient presents a substantial risk of serious harm to himself or others.

(b)

Arrangements shall be made to return a person released under Subsection (a) to:

(1)

the location of the person’s apprehension;

(2)

the person’s residence in this state; or

(3)

another suitable location.

(c)

A facility administrator shall discharge a person held under a protective custody order if:

(1)

the facility administrator does not receive notice that the person’s continued detention is authorized after a probable cause hearing held within 72 hours after the detention began, excluding Saturdays, Sundays, legal holidays, and the period prescribed by Section 574.025 (Probable Cause Hearing)(b) for extreme emergencies;

(2)

a final order for court-ordered mental health services has not been entered within the time prescribed by Section 574.005 (Setting on Application); or

(3)

the facility administrator or the administrator’s designee determines that the person no longer meets the criteria for protective custody prescribed by Section 574.022 (Issuance of Order).
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 334 (H.B. 890), Sec. 6, eff. September 1, 2009.

Source: Section 574.028 — Release from Detention, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­574.­htm#574.­028 (accessed Jun. 5, 2024).

574.001
Application for Court-ordered Mental Health Services
574.002
Form of Application
574.003
Appointment of Attorney
574.004
Duties of Attorney
574.005
Setting on Application
574.006
Notice
574.007
Disclosure of Information
574.008
Court Jurisdiction and Transfer
574.009
Requirement of Medical Examination
574.010
Independent Psychiatric Evaluation and Expert Testimony
574.011
Certificate of Medical Examination for Mental Illness
574.012
Recommendation for Treatment
574.013
Liberty Pending Hearing
574.014
Compilation of Mental Health Commitment Records
574.021
Motion for Order of Protective Custody
574.022
Issuance of Order
574.023
Apprehension Under Order
574.024
Appointment of Attorney
574.025
Probable Cause Hearing
574.026
Order for Continued Detention
574.027
Detention in Protective Custody
574.028
Release from Detention
574.031
General Provisions Relating to Hearing
574.032
Right to Jury
574.033
Release After Hearing
574.034
Order for Temporary Inpatient Mental Health Services
574.035
Order for Extended Inpatient Mental Health Services
574.036
Order of Care or Commitment
574.037
Court-ordered Outpatient Services
574.041
Designation of Facility
574.042
Commitment to Private Facility
574.043
Commitment to Federal Facility
574.044
Commitment to Facility of Texas Department of Criminal Justice
574.045
Transportation of Patient
574.046
Writ of Commitment
574.047
Transcript
574.048
Acknowledgment of Patient Delivery
574.061
Modification of Order for Inpatient Treatment
574.062
Motion for Modification of Order for Outpatient Treatment
574.063
Order for Temporary Detention
574.064
Apprehension and Release Under Temporary Detention Order
574.065
Order of Modification of Order for Outpatient Services
574.066
Renewal of Order for Extended Mental Health Services
574.067
Motion for Rehearing
574.068
Request for Reexamination
574.069
Hearing on Request for Reexamination
574.070
Appeal
574.081
Continuing Care Plan Before Furlough or Discharge
574.082
Pass or Furlough from Inpatient Care
574.083
Return to Facility Under Certificate of Facility Administrator or Court Order
574.084
Revocation of Furlough
574.0085
Associate Judges
574.085
Discharge on Expiration of Court Order
574.086
Discharge Before Expiration of Court Order
574.087
Certificate of Discharge
574.088
Relief from Disabilities in Mental Health Cases
574.089
Transportation Plan for Furlough or Discharge
574.101
Definitions
574.102
Application of Subchapter
574.103
Administration of Medication to Patient Under Court-ordered Mental Health Services
574.104
Physician’s Application for Order to Authorize Psychoactive Medication
574.105
Rights of Patient
574.106
Hearing and Order Authorizing Psychoactive Medication
574.107
Costs
574.108
Appeal
574.109
Effect of Order
574.110
Expiration of Order
574.0125
Identification of Person Responsible for Court-ordered Outpatient Mental Health Services
574.151
Applicability
574.152
Capacity to Consent to Voluntary Admission
574.153
Rights of Person Admitted to Voluntary Inpatient Treatment
574.154
Participation in Research Program
574.201
Application of Subchapter
574.202
Certain Testimony by Closed-circuit Video Teleconferencing Permitted
574.203
Use of Secure Electronic Communication Method in Certain Proceedings Under This Chapter
574.0345
Order for Temporary Outpatient Mental Health Services
574.0355
Order for Extended Outpatient Mental Health Services
574.0415
Information on Medications
574.0455
List of Qualified Transportation Service Providers
574.0456
Transportation of Patient to Another State
574.0665
Status Conference
574.1065
Finding that Patient Presents a Danger

Accessed:
Jun. 5, 2024

§ 574.028’s source at texas​.gov