(a) This article applies only to a defendant who is subject to an initial restoration period based on Article 46B.071.
(b) Subject to conditions reasonably related to ensuring public safety and the effectiveness of the defendant’s treatment, if the court determines that a defendant charged with an offense punishable as a Class B misdemeanor and found incompetent to stand trial is not a danger to others and may be safely treated on an outpatient basis with the specific objective of attaining competency to stand trial, and an appropriate outpatient competency restoration program is available for the defendant, the court shall:
(1) release the defendant on bail or continue the defendant’s release on bail; and
(2) order the defendant to participate in an outpatient competency restoration program for a period not to exceed 60 days.
(c) Notwithstanding Subsection (b), the court may order a defendant to participate in an outpatient competency restoration program under this article only if:
(1) the court receives and approves a comprehensive plan that:
(A) provides for the treatment of the defendant for purposes of competency restoration; and
(B) identifies the person who will be responsible for providing that treatment to the defendant; and
(2) the court finds that the treatment proposed by the plan will be available to and will be provided to the defendant.
(d) An order issued under this article may require the defendant to participate in:
(1) as appropriate, an outpatient competency restoration program administered by a community center or an outpatient competency restoration program administered by any other entity that provides competency restoration services; and
(2) an appropriate prescribed regimen of medical, psychiatric, or psychological care or treatment.
Added by Acts 2017, 85th Leg., R.S., Ch. 748 (S.B. 1326), Sec. 11, eff. September 1, 2017.
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