Text of article effective on April 02, 2015
- (a) If it appears to the court that the defendant may be a person with mental retardation, the court shall hold a hearing to determine whether the defendant is a person with mental retardation.
- (b) Proceedings for commitment of the defendant to a residential care facility are governed by Subtitle D, Title 7, Health and Safety Code, to the extent that Subtitle D applies and does not conflict with this chapter, except that the criminal court shall conduct the proceedings whether or not the criminal court is also a county court.
- (c) If the court enters an order committing the defendant to a residential care facility, the defendant shall be:
- (1) treated and released in accordance with Subtitle D, Title 7, Health and Safety Code, except as otherwise provided by this chapter; and
- (2) released in conformity with Article 46B.107.
Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.
Acts 2005, 79th Leg., Ch. 324 (S.B. 679), Sec. 19, eff. September 1, 2005.