Current through Reg. 50, No. 13; March 28, 2025
(a) In accordance
with Texas Code of Criminal Procedure (TCCP), Article 46.02, §5, an adult
must be committed to the maximum security unit of a facility designated by the
department for residential services for a period not to exceed 18 months if:
(1) the adult is found incompetent to stand
trial for any felony or misdemeanor because of mental retardation;
and
(2) the court did not make a
determination that there is no substantial probability that the adult will
become competent in the foreseeable future.
(b) In accordance with TCCP, Article 46.02,
§6, an adult must be committed to a state MR facility for residential
services if:
(1) the following criteria are
met:
(A) the adult is found incompetent to
stand trial and there is found no substantial probability that the adult will
become competent in the foreseeable future; or
(B) the adult has been previously committed
to a maximum security unit of a facility under TCCP, Article 46.02, §5, in
connection with the same offense; and
(2) all charges pending against the adult
have not been dismissed; and
(3) in
accordance with THSC, §§593.003, 593.052, and 593.041:
(A) the adult is determined to have mental
retardation in accordance with § 415.155 of this title (relating to
Determination of Mental Retardation (DMR));
(B) the adult, because of mental retardation:
(i) represents a substantial risk of physical
impairment or injury to self or others; or
(ii) is unable to provide for and is not
providing for the adult's most basic personal physical needs;
(C) the adult cannot be adequately
and appropriately habilitated in an available, less restrictive
setting;
(D) the state MR facility
provides habilitative services, care, training and treatment appropriate to the
adult's needs; and
(E) a report by
an IDT recommending the placement has been completed in accordance with §
412.264 of this title (relating to IDT Recommendation Concerning the Commitment
of an Adult or a Minor or the Regular Voluntary Admission of an Adult to a
State MR Facility Under the PMRA) during the six months preceding the date of
the commitment hearing.
(c) In accordance with TCCP, Article 46.02,
§7, an adult must be committed to a state MR facility for residential
services if:
(1) the following criteria are
met:
(A) the adult is found incompetent to
stand trial and there is found no substantial probability that the adult will
become competent in the foreseeable future; or
(B) the adult has been previously committed
to a facility under TCCP, Article 46.02, §5, in connection with the same
offense; and
(2) all
charges pending against the adult have been dismissed; and
(3) in accordance with THSC,
§§593.003, 593.052, and 593.041:
(A) the adult is determined to have mental
retardation in accordance with § 415.155 of this title (relating to
Determination of Mental Retardation (DMR));
(B) the adult, because of mental retardation:
(i) represents a substantial risk of physical
impairment or injury to self or others; or
(ii) is unable to provide for and is not
providing for the adult's most basic personal physical needs;
(C) the adult cannot be adequately
and appropriately habilitated in an available, less restrictive
setting;
(D) the state MR facility
provides habilitative services, care, training and treatment appropriate to the
adult's needs; and
(E) a report by
an IDT recommending the placement has been completed in accordance with §
412.264 of this title (relating to IDT Recommendation Concerning the Commitment
of an Adult or a Minor or the Regular Voluntary Admission of an Adult to a
State MR Facility Under the PMRA) during the six months preceding the date of
the commitment hearing.
(d) In accordance with TCCP, Article 46.02,
§8, an adult committed to a state MR facility in accordance with TCCP,
Article 46.02, §6, who has felony charges pending or an adult committed to
a state MR facility in accordance with TCCP, Article 46.02, §7, who has
had felony charges dismissed must be:
(1)
committed to the maximum security unit of the facility designated by the
department; and
(2) within 60
calendar days of arrival on the maximum security unit, be Transferred to a
nonsecurity unit or to a community program designated by the department, unless
the adult is determined to be manifestly dangerous by a review board of the
department.
(e) In
accordance with TCCP, Article 46.03, §4(a), an adult may be committed to a
state MR facility for residential services if:
(1) the adult is found not guilty of criminal
conduct by reason of insanity;
(2)
the conduct did not involve an act, attempt, or threat of serious bodily injury
to another person; and
(3) in
accordance with THSC, §§593.003, 593.052, and 593.041:
(A) the adult is determined to have mental
retardation in accordance with § 415.155 of this title (relating to
Determination of Mental Retardation (DMR));
(B) the adult, because of mental retardation:
(i) represents a substantial risk of physical
impairment or injury to self or others; or
(ii) is unable to provide for and is not
providing for the adult's most basic personal physical needs;
(C) the adult cannot be adequately
and appropriately habilitated in an available, less restrictive
setting;
(D) the state MR facility
provides habilitative services, care, training and treatment appropriate to the
adult's needs; and
(E) a report by
an IDT recommending the placement has been completed in accordance with §
412.264 of this title (relating to IDT Recommendation Concerning the Commitment
of an Adult or a Minor or the Regular Voluntary Admission of an Adult to a
State MR Facility Under the PMRA) during the six months preceding the date of
the commitment hearing.
(f) In accordance with TCCP, Article 46.03,
§4(b) and (d), an adult must be committed to the maximum security unit of
a facility designated by the department for residential services if:
(1) the adult is found not guilty of criminal
conduct by reason of insanity;
(2)
the conduct involved an act, attempt, or threat of serious bodily injury to
another person; and
(3) in
accordance with THSC, §§593.003, 593.052, and 593.041:
(A) the adult is determined to have mental
retardation in accordance with § 415.155 of this title (relating to
Determination of Mental Retardation (DMR));
(B) the adult, because of mental retardation:
(i) represents a substantial risk of physical
impairment or injury to self or others; or
(ii) is unable to provide for and is not
providing for the adult's most basic personal physical needs;
(C) the adult cannot be adequately
and appropriately habilitated in an available, less restrictive
setting;
(D) the state MR facility
provides habilitative services, care, training and treatment appropriate to the
adult's needs; and
(E) a report by
an IDT recommending the placement has been completed in accordance with §
412.264 of this title (relating to IDT Recommendation Concerning the Commitment
of an Adult or a Minor or the Regular Voluntary Admission of an Adult to a
State MR Facility Under the PMRA) during the six months preceding the date of
the commitment hearing.
(g) In accordance with TCCP, Article 46.03,
§4(b), an adult committed to the maximum security unit of a facility
designated by the department as described in subsection (g) of this section,
must, within 60 calendar days of arrival on the maximum security unit, be
Transferred to a nonsecurity unit designated by the department, unless the
adult is determined to be manifestly dangerous by a review board of the
department.
(h) An adult represents
a substantial risk of physical impairment or injury to self or others or is
unable to provide for and is not providing for the adult's most basic personal
physical needs, as referenced in subsections (b)(3)(B), (c)(3)(B), (e)(3)(B),
and (f)(3)(B) of this section, if:
(1) the
adult's IQ is four or more standard deviations below the mean, (i.e., in the
severe or profound range of mental retardation);
(2) the adult's ICAP service level equals:
(B) 5 or 6 and the adult:
(i) has extraordinary medical needs that
would require direct nursing treatment for at least 180 minutes per week if the
adult's caregiver were not providing such treatment; or
(ii) exhibits incidents of dangerous behavior
that would require intensive staff intervention and resources to prevent
serious physical injury to the adult or others if the adult's caregiver were
not managing such incidents; or
(3) the adult meets other objective measures
as determined by the department.