Tex. Health & Safety Code Section 841.124
Hearing on Unauthorized Petition for Release

(a)

If as authorized by Section 841.123 (Review of Unauthorized Petition for Release) the judge does not deny a petition for release filed by the committed person without the office’s authorization, the judge shall conduct a hearing on the petition not later than the 60th day after the date of filing of the petition.

(b)

The petitioner and the state are entitled to an immediate examination of the person by an expert.

(c)

On request of the petitioner or the attorney representing the state, the court shall conduct the hearing before a jury.

(d)

The burden of proof at the hearing is on the state to prove beyond a reasonable doubt 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.
Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 845 (S.B. 746), Sec. 25, eff. June 17, 2015.

Source: Section 841.124 — Hearing on Unauthorized Petition for Release, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­841.­htm#841.­124 (accessed Jun. 5, 2024).

841.001
Legislative Findings 841.002
Definitions 841.003
Sexually Violent Predator 841.005
Office of State Counsel for Offenders 841.006
Application of Chapter 841.007
Duties of Texas Civil Commitment Office 841.021
Notice of Potential Predator 841.022
Multidisciplinary Team 841.023
Assessment for Behavioral Abnormality 841.041
Petition Alleging Predator Status 841.042
Assistance from Special Prosecution Unit 841.061
Trial 841.062
Determination of Predator Status 841.063
Continuance 841.064
Retrial 841.065
Agreed Order 841.081
Civil Commitment of Predator 841.082
Commitment Requirements 841.083
Treatment 841.084
Payment of Costs by Committed Person 841.085
Criminal Penalty 841.101
Biennial Examination 841.102
Biennial Review 841.103
Hearing 841.121
Authorized Petition for Release 841.122
Right to File Unauthorized Petition for Release 841.123
Review of Unauthorized Petition for Release 841.124
Hearing on Unauthorized Petition for Release 841.141
Rulemaking Authority 841.142
Release or Exchange of Information 841.143
Report, Record, or Statement Submitted to Court 841.144
Counsel 841.145
Expert 841.146
Civil Commitment Proceeding 841.147
Immunity 841.150
Effect of Subsequent Detention, Confinement, or Commitment on Order of Civil Commitment 841.151
Notice of Release of Sexually Violent Predator 841.152
Certain Hearings by Closed-circuit Video Teleconferencing Permitted 841.153
State-issued Identification 841.201
Definitions 841.202
Administration of Medication to Committed Person 841.203
Physician’s Application for Order to Authorize Psychoactive Medication 841.204
Rights of Committed Person 841.205
Hearing and Order Authorizing Psychoactive Medication 841.206
Finding that Committed Person Presents a Danger 841.207
Costs 841.208
Appeal 841.209
Expiration of Order 841.0821
Sex Offender Treatment Before Release from Secure Correctional Facility 841.0822
Required Procedures Before Release from Secure Correctional Facility 841.0831
Tiered Program 841.0832
Housing Facilities 841.0833
Security and Monitoring 841.0834
Movement Between Programming Tiers 841.0835
Committed Persons with Special Needs 841.0836
Release from Housing 841.0837
Emergency Detention Order 841.0838
Use of Restraints 841.0845
Notice of Intent Regarding New Residence or Facility 841.1461
Certain Expert Testimony Not Required for Civil Commitment of Sexually Violent Predator 841.1462
Privilege for Personal Information that Identifies Victim 841.1463
Failure to Give Notice Within Relevant Period Not Jurisdictional Error
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Accessed:
Jun. 5, 2024

§ 841.124’s source at texas​.gov