Current through Reg. 49, No. 38; September 20, 2024
(a) The psychiatrist for a JBCR pilot
program, or psychiatrist or psychologist for a county-based JBCR program, must
conduct at least two full psychiatric or psychological evaluations for each
individual. The psychiatrist or psychologist must:
(1) conduct the first evaluation no later
than the 21st day after the date JBCR program services began;
(2) conduct the second evaluation no later
than the 55th day after the date JBCR program services began; and
(3) subsequent to evaluations completed in
paragraphs (1) and (2) of this subsection, promptly submit a separate report
for each psychiatric or psychological evaluation to the court.
(b) At any time during the
commitment for JBCR services consistent with the Texas Code of Criminal
Procedure, Article 46B.091(h), but no later than the 60th day after the date
JBCR services begin, the psychiatrist for a JBCR pilot program, or psychiatrist
or psychologist for a county-based JBCR program, must determine if the
individual is restored to competency, is unlikely to be restored to competency
in the foreseeable future, or has not been restored to competency but will
likely be restored in the foreseeable future. If the psychiatrist or
psychologist determines the individual:
(1)
is restored to competency, the psychiatrist or psychologist must send a report
to the court demonstrating this determination;
(2) is unlikely to be restored to competency
in the foreseeable future, the psychiatrist or psychologist must send a report
to the court demonstrating this determination, and coordinate with provider
staff members, the court, and the county jail to ensure the transfer or release
of the individual pursuant to the court's action to:
(A) proceed under the Texas Code of Criminal
Procedure, Chapter 46B, Subchapter E or Subchapter F; or
(B) release the defendant on bail under the
Texas Code of Criminal Procedure, Chapter 17; or
(3) has not been restored to competency but
will likely be restored in the foreseeable future, if the individual is charged
with:
(A) a felony offense, the psychiatrist
or psychologist must coordinate with provider staff members, the court, and the
county jail to ensure the transfer of the individual to the first available
mental health facility or residential care facility for the remainder of the
commitment period; or
(B) a
misdemeanor offense, the psychiatrist or psychologist must coordinate with
provider staff members, the court, and the county jail to ensure the transfer
or release of the individual pursuant to the court's action to:
(i) order a single extension under the Texas
Code of Criminal Procedure, Article 46B.080 and transfer of the individual to
the first available mental health facility or residential care
facility;
(ii) proceed in
accordance with the Texas Code of Criminal Procedure, Chapter 46B, Subchapter E
or Subchapter F;
(iii) release the
defendant on bail in accordance with the Texas Code of Criminal Procedure,
Chapter 17; or
(iv) dismiss the
charges in accordance with the Texas Code of Criminal Procedure, Article
46B.010.
