Tex.
Health & Safety Code Section 841.123
Review of Unauthorized Petition for Release
(a)
If the committed person files a petition for release without the office’s authorization, the person shall serve the petition on the court, the attorney representing the state, and the office.(b)
The judge shall review and issue a ruling on a petition for release filed by the committed person without the office’s authorization not later than the 60th day after the date of filing of the petition.(c)
Except as provided by Subsection (d), the judge shall deny without a hearing a petition for release filed without the office’s authorization if:(1)
the judge determines by a preponderance of the evidence that the petitioner’s behavioral abnormality has not changed to the extent that the petitioner is no longer likely to engage in a predatory act of sexual violence; or(2)
the petitioner has filed the petition for release before the 180th day after the date an order was entered under Subchapter D or F or a previous order was entered under this section.(d)
The judge is not required to deny a petition under Subsection (c)(2) if the judge determines by a preponderance of the evidence that the petitioner’s behavioral abnormality has changed to the extent that the petitioner is no longer likely to engage in a predatory act of sexual violence.
Source:
Section 841.123 — Review of Unauthorized Petition for Release, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.841.htm#841.123 (accessed Jun. 5, 2024).
