If the judge places a defendant on community supervision and the defendant is determined to be a person with mental illness or a person with an intellectual disability, as provided by Article 16.22 or Chapter 46B or in a psychological evaluation conducted under Article 42A.253(a)(6), the judge may require the defendant as a condition of community supervision to submit to outpatient or inpatient mental health or intellectual disability treatment if:

1. (1) the defendant's:

   1. (A) mental impairment is chronic in nature; or
   2. (B) ability to function independently will continue to deteriorate if the defendant does not receive mental health or intellectual disability services; and

2. (2) the judge determines, in consultation with a local mental health or intellectual disability services provider, that mental health or intellectual disability services, as appropriate, are available for the defendant through:

   1. (A) the Department of State Health Services or the Department of Aging and Disability Services under Section 534.053, Health and Safety Code; or
   2. (B) another mental health or intellectual disability services provider.

Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.