1. (a) Except as provided by Subsection (b), on a determination that a defendant is incompetent to stand trial, the court shall:

   1. (1) if the defendant is charged with an offense punishable as a Class B misdemeanor:

      1. (A) release the defendant on bail under Article 46B.0711; or

      2. (B) commit the defendant to:

         1. (i) a jail-based competency restoration program under Article 46B.073(e); or
         2. (ii) a mental health facility or residential care facility under Article 46B.073(f); or

   2. (2) if the defendant is charged with an offense punishable as a Class A misdemeanor or any higher category of offense:

      1. (A) release the defendant on bail under Article 46B.072; or
      2. (B) commit the defendant to a facility or a jail-based competency restoration program under Article 46B.073(c) or (d).

2. (b) On a determination that a defendant is incompetent to stand trial and is unlikely to be restored to competency in the foreseeable future, the court shall:

   1. (1) proceed under Subchapter E or F; or
   2. (2) release the defendant on bail as permitted under Chapter 17.

Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.

Acts 2011, 82nd Leg., R.S., Ch. 822 (H.B. 2725), Sec. 9, eff. September 1, 2011.

Acts 2017, 85th Leg., R.S., Ch. 748 (S.B. 1326), Sec. 10, eff. September 1, 2017.