Options On Determination of Incompetency

Art. 46B.071. OPTIONS ON DETERMINATION OF INCOMPETENCY. (a) Except as provided by Subsection (b), on a determination that a defendant is incompetent to stand trial, the court shall: (1) if the defendant is charged with an offense punishable as a Class B misdemeanor: (A) release the defendant on bail under Article 46B.0711; or (B) commit the defendant to: (i) a jail-based competency restoration program under Article 46B.073(e); or (ii) a mental health facility or residential care facility under Article 46B.073(f); or (2) if the defendant is charged with an offense punishable as a Class A misdemeanor or any higher category of offense: (A) release the defendant on bail under Article 46B.072; or (B) commit the defendant to a facility or a jail-based competency restoration program under Article 46B.073(c) or (d). (b) On a determination that a defendant is incompetent to stand trial and is unlikely to be restored to competency in the foreseeable future, the court shall: (1) proceed under Subchapter E or F; or (2) release the defendant on bail as permitted under Chapter 17. Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 822 (H.B. 2725), Sec. 9, eff. September 1, 2011. Acts 2017, 85th Leg., R.S., Ch. 748 (S.B. 1326), Sec. 10, eff. September 1, 2017.