1. (a) If a court determines an individual is IST, the OCR provider must assess the individual to determine if OCR services are appropriate by ensuring the following assessments are conducted:

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

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.077(a)(1) 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; and
   3. (3) identify the persons responsible for providing treatment to the individual.

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 record.

Source Note:The provisions of this §307.159 adopted to be effective February 9, 2021, 46 TexReg 918.