§ 46B.079 — NOTICE AND REPORT TO COURT.

Texas § 46B.079

• Jurisdiction: Texas
• Code CR: Code of Criminal Procedure

Text

Art. 46B.079. NOTICE AND REPORT TO COURT. (a) The head of the facility, the provider of the jail-based competency restoration program, or the provider of the outpatient competency restoration program, as appropriate, not later than the 15th day before the date on which the initial restoration period is to expire according to the terms of the order or under Article 46B.0095 or other applicable provisions of this chapter, shall notify the applicable court that the period is about to expire.
(b) The head of the facility or jail-based competency restoration program provider shall promptly notify the court when the head of the facility or program provider believes that:
(1) the defendant is clinically ready and can be safely transferred to a competency restoration program for education services but has not yet attained competency to stand trial;
(2) the defendant has attained competency to stand trial; or
(3) the defendant is not likely to attain competency in the foreseeable future.
(b-1) The outpatient competency restoration program provider shall promptly notify the court when the program provider believes that:
(1) the defendant has attained competency to stand trial; or
(2) the defendant is not likely to attain competency in the foreseeable future.
(c) When the head of the facility or program provider gives notice to the court under Subsection (a), (b), or (b-1), the head of the facility or program provider also shall file a final report with the court stating the reason for the proposed discharge or transfer under this chapter and including a list of the types and dosages of medications prescribed for the defendant while the defendant was receiving competency restoration services in the facility or through the program. The court shall provide to the attorney representing the defendant and the attorney representing the state copies of a report based on notice under this article, other than notice under Subsection (b)(1), to enable any objection to the findings of the report to be made in a timely manner as required under Article 46B.084 (a-1).
(d) If the head of the facility or program provider notifies the court that the initial restoration period is about to expire, the notice may contain a request for an extension of the period for an additional period of 60 days and an explanation for the basis of the request. An explanation provided under this subsection must include a description of any evidence indicating a reduction in the severity of the defendant's symptoms or impairment.

Legislative History

Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004. Amended by: Acts 2005, 79th Leg., Ch. 324 (S.B. 679 ), Sec. 12, eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 1307 (S.B. 867 ), Sec. 7, eff. September 1, 2007. Acts 2011, 82nd Leg., R.S., Ch. 822 (H.B. 2725 ), Sec. 14, eff. September 1, 2011. Acts 2015, 84th Leg., R.S., Ch. 994 (H.B. 211 ), Sec. 1, eff. June 19, 2015. Acts 2017, 85th Leg., R.S., Ch. 748 (S.B. 1326 ), Sec. 21, eff. September 1, 2017.