1. (a) The OCR provider must assess the individual to determine if OCR services are appropriate by ensuring the following assessments are conducted by a person qualified to conduct the assessments pursuant to their state license, permit, or other legal authorization:

   1. (1) a clinical assessment, including substance use history; and
   2. (2) a violence risk assessment utilizing a validated risk assessment tool.

2. (b) If an OCR provider determines that OCR services are appropriate for an individual, the provider must:

   1. (1) inform the court, in writing, that the individual is being recommended for admission into the OCR program; and

   2. (2) develop and submit a comprehensive treatment plan to the court in accordance with Texas Code of Criminal Procedure, Article 46B.0711(c)(1) or 46B.072(c)(1) as applicable, identifying the persons responsible for providing treatment to the individual and listing services the individual will be provided, including:

      1. (A) competency restoration education;
      2. (B) access to housing resources;
      3. (C) access to transportation resources; and
      4. (D) a regimen of medical, psychiatric, or psychological care or treatment.

3. (c) If an OCR provider determines that OCR services are inappropriate for an individual, the provider must:

   1. (1) inform the court, in writing, of the individual's ineligibility for admission into the OCR program; and
   2. (2) document reasons for ineligibility in the individual's medical record.

Source Note:The provisions of this §307.157 adopted to be effective February 9, 2023, 48 TexReg 519.