(a) To be eligible to participate in an OCR program, a court must order an individual's participation after determining that an appropriate OCR program is available for the individual and determining that the individual:
- (1) is incompetent to stand trial;
- (2) is not a danger to others;
- (3) may be safely treated on an outpatient basis with the specific objective to attain competency; and
- (4) is charged with an offense eligible for OCR pursuant to Texas Code of Criminal Procedure Chapter 46B.
- (b) An individual is ineligible to receive OCR services if a court determines the individual is unlikely to restore to competency in the foreseeable future.
Source Note:The provisions of this §307.157 adopted to be effective February 9, 2021, 46 TexReg 918.