(a) On notification from the head of a facility or a jail-based competency restoration program provider under Article 46B.079(b)(1), the court shall order the defendant to receive competency restoration education services in a jail-based competency restoration program or an outpatient competency restoration program, as appropriate and if available.
(b) If a defendant for whom an order is entered under Subsection (a) was committed for competency restoration to a facility other than a jail-based competency restoration program, the court shall send a copy of that order to:
(1) the sheriff of the county in which the court is located;
(2) the head of the facility to which the defendant was committed for competency restoration; and
(3) the local mental health authority or local intellectual and developmental disability authority, as appropriate.
(c) As soon as practicable but not later than the 10th day after the date of receipt of a copy of an order under Subsection (b)(2), the applicable facility shall discharge the defendant into the care of the sheriff of the county in which the court is located or into the care of the sheriff’s deputy. The sheriff or sheriff’s deputy shall transport the defendant to the jail-based competency restoration program or outpatient competency restoration program, as appropriate.
(d) A jail-based competency restoration program or outpatient competency restoration program that receives a defendant under this article shall give to the court:
(1) notice regarding the defendant’s entry into the program for purposes of receiving competency restoration education services; and
(2) subsequent notice as otherwise required under Article 46B.079.Added by Acts 2017, 85th Leg., R.S., Ch. 748 (S.B. 1326), Sec. 23, eff. September 1, 2017.
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