Texas § 46C.268 ADVANCE DISCHARGE OF ACQUITTED PERSON AND TERMINATION OF JURISDICTION.

Texas Statutes

§ 46C.268 — ADVANCE DISCHARGE OF ACQUITTED PERSON AND TERMINATION OF JURISDICTION.

Texas § 46C.268

Code CRCode of Criminal Procedure

This text of Texas § 46C.268 (ADVANCE DISCHARGE OF ACQUITTED PERSON AND TERMINATION OF JURISDICTION.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Code of Criminal Procedure Code Ann. § 46C.268 (2026).

Text

Art. 46C.268. ADVANCE DISCHARGE OF ACQUITTED PERSON AND TERMINATION OF JURISDICTION.

(a)An acquitted person, the head of the facility to which the acquitted person is committed, the person responsible for providing the outpatient or community-based treatment and supervision, or the state may request that the court discharge an acquitted person from inpatient commitment or outpatient or community-based treatment and supervision.

(b)Not later than the 14th day after the date of the request, the court shall hold a hearing on a request made by the head of the facility to which the acquitted person is committed or the person responsible for providing the outpatient or community-based treatment and supervision.

(c)If a request is made by an acquitted person, the court must act on the request

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Art. 46C.268. ADVANCE DISCHARGE OF ACQUITTED PERSON AND TERMINATION OF JURISDICTION. (a) An acquitted person, the head of the facility to which the acquitted person is committed, the person responsible for providing the outpatient or community-based treatment and supervision, or the state may request that the court discharge an acquitted person from inpatient commitment or outpatient or community-based treatment and supervision.
(b) Not later than the 14th day after the date of the request, the court shall hold a hearing on a request made by the head of the facility to which the acquitted person is committed or the person responsible for providing the outpatient or community-based treatment and supervision.
(c) If a request is made by an acquitted person, the court must act on the request not later than the 14th day after the date of the request. A hearing under this subsection is at the discretion of the court, except that the court shall hold a hearing if the request and any accompanying material indicate that modification of the order may be appropriate.
(d) If a request is made by an acquitted person not later than the 90th day after the date of a hearing on a previous request, the court is not required to act on the request except on the expiration of the order or on the expiration of the 90-day period following the date of the hearing on the previous request.
(e) The court shall rule on the request during or shortly after any hearing that is held and in any case not later than the 14th day after the date of the request.
(f) The court shall discharge the acquitted person from all court-ordered commitment and treatment and supervision and terminate the court's jurisdiction over the person if the court finds that the acquitted person has established by a preponderance of the evidence that:
(1) the acquitted person does not have a severe mental illness or an intellectual disability; or
(2) the acquitted person is not likely to cause serious harm to another because of any severe mental illness or intellectual disability.

Legislative History

Added by Acts 2005, 79th Leg., Ch. 831 (S.B. 837 ), Sec. 2, eff. September 1, 2005. Amended by: Acts 2023, 88th Leg., R.S., Ch. 30 (H.B. 446 ), Sec. 2.12, eff. September 1, 2023.