A hearing for temporary mental health services must be before the court unless the proposed patient or the proposed patient’s attorney requests a jury.
A hearing for extended mental health services must be before a jury unless the proposed patient or the proposed patient’s attorney waives the right to a jury.
A waiver of the right to a jury must be in writing, under oath, and signed and sworn to by the proposed patient and the proposed patient’s attorney unless the proposed patient or the attorney orally waives the right to a jury in the court’s presence.
The court may permit an oral or written waiver of the right to a jury to be withdrawn for good cause shown. The withdrawal must be made not later than the eighth day before the date on which the hearing is scheduled.
A court may not require a jury fee.
In a hearing before a jury, the jury shall determine if the proposed patient is a person with mental illness and meets the criteria for court-ordered mental health services. The jury may not make a finding about the type of services to be provided to the proposed patient.Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.Amended by:Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1377, eff. April 2, 2015.