If an acquitted person is stabilized on a treatment regimen, including medication and other treatment modalities, rendering the person no longer likely to cause serious harm to another, inpatient treatment or residential care may be found necessary to protect the safety of others only if:
(1) the person would become likely to cause serious harm to another if the person fails to follow the treatment regimen on an Order to Receive Outpatient or Community-Based Treatment and Supervision; and
(2) under an Order to Receive Outpatient or Community-Based Treatment and Supervision either:
(A) the person is likely to fail to comply with an available regimen of outpatient or community-based treatment, as determined by the person’s insight into the need for medication, the number, severity, and controllability of side effects, the availability of support and treatment programs for the person from community members, and other appropriate considerations; or
(B) a regimen of outpatient or community-based treatment will not be available to the person.
Added by Acts 2005, 79th Leg., Ch. 831 (S.B. 837), Sec. 2, eff. September 1, 2005.
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