(a) This article applies only to a person with an intellectual or developmental disability who resides at one of the following types of facilities operated under the home and community-based services waiver program in accordance with Section 1915(c) of the Social Security Act (42 U.S.C. Section 1396n):
(1) a group home; or
(2) an intermediate care facility for persons with an intellectual or developmental disability (ICF/IID) as defined by 40 T.A.C. Section 9.153.
(b) In lieu of arresting a person described by Subsection (a), a peace officer may release the person at the person’s residence if the officer:
(1) believes confinement of the person in a correctional facility as defined by Section 1.07, Penal Code, is unnecessary to protect the person and the other persons who reside at the residence; and
(2) made reasonable efforts to consult with the staff at the person’s residence and with the person regarding that decision.
(c) A peace officer and the agency or political subdivision that employs the peace officer may not be held liable for damage to persons or property that results from the actions of a person released under Subsection (b).
Added by Acts 2019, 86th Leg., R.S., Ch. 460 (H.B. 3540), Sec. 1, eff. September 1, 2019.
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