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Texas Code of Criminal Procedure - CRIM P Art. § 46B.071. Options on Determination of Incompetency

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) Except as provided by Subsection (b), on a determination that a defendant is incompetent to stand trial, the court shall:

(1) if the defendant is charged with an offense punishable as a Class B misdemeanor:

(A) release the defendant on bail under Article 46B.0711; or

(B) commit the defendant to:

(i) a jail-based competency restoration program under Article 46B.073(e); or

(ii) a mental health facility or residential care facility under Article 46B.073(f); or

(2) if the defendant is charged with an offense punishable as a Class A misdemeanor or any higher category of offense:

(A) release the defendant on bail under Article 46B.072; or

(B) commit the defendant to a facility or a jail-based competency restoration program under Article 46B.073(c) or (d).

(b) On a determination that a defendant is incompetent to stand trial and is unlikely to be restored to competency in the foreseeable future, the court shall:

(1) proceed under Subchapter E or F;  1 or

(2) release the defendant on bail as permitted under Chapter 17.

1 Vernon’s Ann. Texas C.C.P. art. 46B.101 et seq. or art. 46B.151 et seq.
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Cite this article: FindLaw.com - Texas Code of Criminal Procedure - CRIM P Art. § 46B.071. Options on Determination of Incompetency - last updated January 01, 2024 | https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-46b-071/

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