1. (a) This article applies only to a defendant not released on bail.
2. (b) The court shall commit a defendant described by Subsection (a) to a mental health facility or residential care facility for a period not to exceed 120 days for further examination and treatment toward the specific objective of attaining competency to stand trial.
3. (c) If the defendant is charged with an offense listed in Article 17.032(a) or the indictment requests an affirmative finding under Section 3g(a)(2), Article 42.12, the court shall enter an order committing the defendant to the maximum security unit of any facility designated by the department, to an agency of the United States operating a mental hospital, or to a Department of Veterans Affairs hospital.
4. (d) If the defendant is not charged with an offense listed in Article 17.032(a) and the indictment does not request an affirmative finding under Section 3g(a)(2), Article 42.12, the court shall enter an order committing the defendant to a mental health facility or residential care facility determined to be appropriate by the local mental health authority or local mental retardation authority.

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

Acts 2019, 86th Leg., R.S., Ch. 1212 (S.B. 562), Sec. 4, eff. June 14, 2019.