reglab/housing_qa huggingface dataset:
TX Code Crim Pro art 46B.024 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46B - Incompetency to Stand Trial|Subchapter . B. Examination|Article 46B.024. Factors Considered in Examination

During an examination under this subchapter and in any report based on that examination, an expert shall consider, in addition to other issues determined relevant by the expert, the following:(1)  the capacity of the defendant during criminal proceedings to:(A)  rationally understand the charges against the defendant and the potential consequences of the pending criminal proceedings;(B)  disclose to counsel pertinent facts, events, and states of mind;(C)  engage in a reasoned choice of legal strategies and options;(D)  understand the adversarial nature of criminal proceedings;(E)  exhibit appropriate courtroom behavior; and(F)  testify;(2)  as supported by current indications and the defendant's personal history, whether the defendant:(A)  is a person with mental illness; or(B)  is a person with an intellectual disability;(3)  whether the identified condition has lasted or is expected to last continuously for at least one year;(4)  the degree of impairment resulting from the mental illness or intellectual disability, if existent, and the specific impact on the defendant's capacity to engage with counsel in a reasonable and rational manner; and(5)  if the defendant is taking psychoactive or other medication:(A)  whether the medication is necessary to maintain the defendant's competency; and(B)  the effect, if any, of the medication on the defendant's appearance, demeanor, or ability to participate in the proceedings.|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. 7, eff. September 1, 2011.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 6.008, eff. April 2, 2015.|
TX Code Crim Pro art 46B.025 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46B - Incompetency to Stand Trial|Subchapter . B. Examination|Article 46B.025. Expert's Report

(a)  An expert's report to the court must state an opinion on a defendant's competency or incompetency to stand trial or explain why the expert is unable to state such an opinion and must also:(1)  identify and address specific issues referred to the expert for evaluation;(2)  document that the expert explained to the defendant the purpose of the evaluation, the persons to whom a report on the evaluation is provided, and the limits on rules of confidentiality applying to the relationship between the expert and the defendant;(3)  in specific terms, describe procedures, techniques, and tests used in the examination, the purpose of each procedure, technique, or test, and the conclusions reached; and(4)  state the expert's clinical observations, findings, and opinions on each specific issue referred to the expert by the court, state the specific criteria supporting the expert's diagnosis, and state specifically any issues on which the expert could not provide an opinion.(a-1)  The expert's opinion on the defendant's competency or incompetency may not be based solely on the defendant's refusal to communicate during the examination.(b)  If in the opinion of an expert appointed under Article 46B.021 the defendant is incompetent to proceed, the expert shall state in the report:(1)  the symptoms, exact nature, severity, and expected duration of the deficits resulting from the defendant's mental illness or intellectual disability, if any, and the impact of the identified condition on the factors listed in Article 46B.024;(2)  an estimate of the period needed to restore the defendant's competency, including whether the defendant is likely to be restored to competency in the foreseeable future; and(3)  prospective treatment options, if any, appropriate for the defendant.(c) An expert's report may not state the expert's opinion on the defendant's sanity at the time of the alleged offense, if in the opinion of the expert the defendant is incompetent to proceed.(d)  The court shall direct an expert to provide the expert's report to the court and the appropriate parties in the form approved by the Texas Correctional Office on Offenders with Medical or Mental Impairments under Section 614.0032(b), Health and Safety Code.|Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.Amended by: Acts 2005, 79th Leg., Ch. 1269 (H.B. 2194), Sec. 1, eff. June 18, 2005.Acts 2011, 82nd Leg., R.S., Ch. 822 (H.B. 2725), Sec. 8, eff. September 1, 2011.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 6.009, eff. April 2, 2015.|
TX Code Crim Pro art 46B.026 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46B - Incompetency to Stand Trial|Subchapter . B. Examination|Article 46B.026. Report Deadline

(a)  Except as provided by Subsection (b), an expert examining the defendant shall provide the report on the defendant' s competency or incompetency to stand trial to the court, the attorney representing the state, and the attorney representing the defendant not later than the 30th day after the date on which the expert was ordered to examine the defendant and prepare the report.(b) For good cause shown, the court may permit an expert to complete the examination and report and provide the report to the court and attorneys at a date later than the date required by Subsection (a).(c)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 748 (S.B. 1326), Sec. 35(1), eff. September 1, 2017.(d)  The court shall submit to the Office of Court Administration of the Texas Judicial System on a monthly basis the number of reports provided to the court under this article.|Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.Amended by: Acts 2005, 79th Leg., Ch. 1269 (H.B. 2194), Sec. 2, eff. June 18, 2005.Acts 2017, 85th Leg., R.S., Ch. 748 (S.B. 1326), Sec. 9, eff. September 1, 2017.Acts 2017, 85th Leg., R.S., Ch. 748 (S.B. 1326), Sec. 35(1), eff. September 1, 2017.|
TX Code Crim Pro art 46B.027 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46B - Incompetency to Stand Trial|Subchapter . B. Examination|Article 46B.027. Compensation of Experts; Reimbursement of Facilities

(a)  For any appointment under this chapter, the county in which the indictment was returned or information was filed shall pay for services described by Articles 46B.021(a)(1) and (2).  If those services are provided by an expert who is an employee of the local mental health authority or local intellectual and developmental disability authority, the county shall pay the authority for the services.(b)  The county in which the indictment was returned or information was filed shall reimburse a facility that accepts a defendant for examination under this chapter for expenses incurred that are reasonably necessary and incidental to the proper examination of the defendant.|Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 6.010, eff. April 2, 2015.|
TX Code Crim Pro art 46B.051 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46B - Incompetency to Stand Trial|Subchapter C. Incompetency Trial|Article 46B.051. Trial Before Judge or Jury

(a)  If a court holds a trial to determine whether the defendant is incompetent to stand trial, on the request of either party or the motion of the court, a jury shall make the determination.(b)  The court shall make the determination of incompetency if a jury determination is not required by Subsection (a).(c)  If a jury determination is required by Subsection (a), a jury that has not been selected to determine the guilt or innocence of the defendant must determine the issue of incompetency.|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. 6, eff. September 1, 2005.|
TX Code Crim Pro art 46B.052 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46B - Incompetency to Stand Trial|Subchapter C. Incompetency Trial|Article 46B.052. Jury Verdict

(a)  If a jury determination of the issue of incompetency to stand trial is required by Article 46B.051(a), the court shall require the jury to state in its verdict whether the defendant is incompetent to stand trial.(b) The verdict must be concurred in by each juror.|Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.|
TX Code Crim Pro art 46B.053 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46B - Incompetency to Stand Trial|Subchapter C. Incompetency Trial|Article 46B.053. Procedure After Finding of Competency

If the court or jury determines that the defendant is competent to stand trial, the court shall continue the trial on the merits.  If a jury determines that the defendant is competent and the trial on the merits is to be held before a jury, the court shall continue the trial with another jury selected for that purpose.|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. 7, eff. September 1, 2005.|
TX Code Crim Pro art 46B.054 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46B - Incompetency to Stand Trial|Subchapter C. Incompetency Trial|Article 46B.054. Uncontested Incompetency

If the court finds that evidence exists to support a finding of incompetency to stand trial and the court and the counsel for each party agree that the defendant is incompetent to stand trial, the court shall proceed in the same manner as if a jury had been impaneled and had found the defendant incompetent to stand trial.|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. 7, eff. September 1, 2005.|
TX Code Crim Pro art 46B.055 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46B - Incompetency to Stand Trial|Subchapter C. Incompetency Trial|Article 46B.055. Procedure After Finding of Incompetency

If the defendant is found incompetent to stand trial, the court shall proceed under Subchapter D.|Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.|
TX Code Crim Pro art 46B.071 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46B - Incompetency to Stand Trial|Subchapter D. Procedures After Determination of Incompetency|Article 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.|
TX Code Crim Pro art 46B.0711 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46B - Incompetency to Stand Trial|Subchapter D. Procedures After Determination of Incompetency|Article 46B.0711. Release on Bail for Class B Misdemeanor

(a)  This article applies only to a defendant who is subject to an initial restoration period based on Article 46B.071.(b)  Subject to conditions reasonably related to ensuring public safety and the effectiveness of the defendant's treatment, if the court determines that a defendant charged with an offense punishable as a Class B misdemeanor and found incompetent to stand trial is not a danger to others and may be safely treated on an outpatient basis with the specific objective of attaining competency to stand trial, and an appropriate outpatient competency restoration program is available for the defendant, the court shall:(1)  release the defendant on bail or continue the defendant's release on bail; and(2)  order the defendant to participate in an outpatient competency restoration program for a period not to exceed 60 days.(c)  Notwithstanding Subsection (b), the court may order a defendant to participate in an outpatient competency restoration program under this article only if:(1)  the court receives and approves a comprehensive plan that:(A)  provides for the treatment of the defendant for purposes of competency restoration; and(B)  identifies the person who will be responsible for providing that treatment to the defendant; and(2)  the court finds that the treatment proposed by the plan will be available to and will be provided to the defendant.(d)  An order issued under this article may require the defendant to participate in:(1)  as appropriate, an outpatient competency restoration program administered by a community center or an outpatient competency restoration program administered by any other entity that provides competency restoration services; and(2)  an appropriate prescribed regimen of medical, psychiatric, or psychological care or treatment.|Added by Acts 2017, 85th Leg., R.S., Ch. 748 (S.B. 1326), Sec. 11, eff. September 1, 2017.|
TX Code Crim Pro art 46B.072 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46B - Incompetency to Stand Trial|Subchapter D. Procedures After Determination of Incompetency|Article 46B.072. Release on Bail for Felony or Class a Misdemeanor

(a)  This article applies only to a defendant who is subject to an initial restoration period based on Article 46B.071.(a-1)  Subject to conditions reasonably related to ensuring public safety and the effectiveness of the defendant's treatment, if the court determines that a defendant charged with an offense punishable as a felony or a Class A misdemeanor and found incompetent to stand trial is not a danger to others and may be safely treated on an outpatient basis with the specific objective of attaining competency to stand trial, and an appropriate outpatient competency restoration program is available for the defendant, the court:(1)  may release on bail a defendant found incompetent to stand trial with respect to an offense punishable as a felony or may continue the defendant's release on bail; and(2)  shall release on bail a defendant found incompetent to stand trial with respect to an offense punishable as a Class A misdemeanor or shall continue the defendant's release on bail.(b)  The court shall order a defendant released on bail under Subsection (a-1) to participate in an outpatient competency restoration program for a period not to exceed 120 days.(c)  Notwithstanding Subsection (a-1), the court may order a defendant to participate in an outpatient competency restoration program under this article only if:(1)  the court receives and approves a comprehensive plan that:(A)  provides for the treatment of the defendant for purposes of competency restoration; and(B)  identifies the person who will be responsible for providing that treatment to the defendant; and(2)  the court finds that the treatment proposed by the plan will be available to and will be provided to the defendant.(d)  An order issued under this article may require the defendant to participate in:(1)  as appropriate, an outpatient competency restoration program administered by a community center or an outpatient competency restoration program administered by any other entity that provides outpatient competency restoration services; and(2)  an appropriate prescribed regimen of medical, psychiatric, or psychological care or treatment, including care or treatment involving the administration of psychoactive medication, including those required under Article 46B.086.|Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1307 (S.B. 867), Sec. 3, eff. September 1, 2007.Acts 2011, 82nd Leg., R.S., Ch. 822 (H.B. 2725), Sec. 10, eff. September 1, 2011.Acts 2017, 85th Leg., R.S., Ch. 748 (S.B. 1326), Sec. 12, eff. September 1, 2017.Acts 2017, 85th Leg., R.S., Ch. 748 (S.B. 1326), Sec. 13, eff. September 1, 2017.|
TX Code Crim Pro art 46B.0735 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46B - Incompetency to Stand Trial|Subchapter D. Procedures After Determination of Incompetency|Article 46B.0735. Date Competency Restoration Period Begins

The initial restoration period for a defendant under Article 46B.0711, 46B.072, or 46B.073 begins on the later of:(1)  the date the defendant is:(A)  ordered to participate in an outpatient competency restoration program; or(B)  committed to a mental health facility, residential care facility, or jail-based competency restoration program; or(2)  the date competency restoration services actually begin. |Added by Acts 2021, 87th Leg., R.S., Ch. 936 (S.B. 49), Sec. 4, eff. September 1, 2021.|
TX Code Crim Pro art 46B.074 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46B - Incompetency to Stand Trial|Subchapter D. Procedures After Determination of Incompetency|Article 46B.074. Competent Testimony Required

(a)  A defendant may be committed to a jail-based competency restoration program, mental health facility, or residential care facility under this subchapter only on competent medical or psychiatric testimony provided by an expert qualified under Article 46B.022.(b)  The court may allow an expert to substitute the expert's report under Article 46B.025 for any testimony by the expert that may be required under this article.|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. 10, eff. September 1, 2005.Acts 2017, 85th Leg., R.S., Ch. 748 (S.B. 1326), Sec. 15, eff. September 1, 2017.|
TX Code Crim Pro art 46B.075 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46B - Incompetency to Stand Trial|Subchapter D. Procedures After Determination of Incompetency|Article 46B.075. Transfer of Defendant to Facility or Program

An order issued under Article 46B.0711, 46B.072, or 46B.073 must place the defendant in the custody of the sheriff or sheriff's deputy for transportation to the facility or program, as applicable, in which the defendant is to receive competency restoration services.|Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1307 (S.B. 867), Sec. 5, eff. September 1, 2007.Acts 2017, 85th Leg., R.S., Ch. 748 (S.B. 1326), Sec. 16, eff. September 1, 2017.|
TX Code Crim Pro art 46B.0755 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46B - Incompetency to Stand Trial|Subchapter D. Procedures After Determination of Incompetency|Article 46B.0755. Procedures on Credible Evidence of Immediate Restoration

(a)  Notwithstanding any other provision of this subchapter, if the court receives credible evidence indicating that the defendant has been restored to competency at any time after the defendant's incompetency trial under Subchapter C but before the defendant is transported under Article 46B.075 to the facility or program, as applicable, the court may appoint disinterested experts to reexamine the defendant in accordance with Subchapter B.  The court is not required to appoint the same expert or experts who performed the initial examination of the defendant under that subchapter.(b)  If after a reexamination of the defendant the applicable expert's report states an opinion that the defendant remains incompetent, the court's order under Article 46B.0711, 46B.072, or 46B.073 remains in effect, and the defendant shall be transported to the facility or program as required by Article 46B.075.  If after a reexamination of the defendant the applicable expert's report states an opinion that the defendant has been restored to competency, the court shall withdraw its order under Article 46B.0711, 46B.072, or 46B.073 and proceed under Subsection (c) or (d).(c)  The court shall find the defendant competent to stand trial and proceed in the same manner as if the defendant had been found restored to competency at a hearing if:(1)  both parties agree that the defendant is competent to stand trial;  and(2)  the court concurs.(d)  The court shall hold a hearing to determine whether the defendant has been restored to competency if any party fails to agree or if the court fails to concur that the defendant is competent to stand trial.  If a court holds a hearing under this subsection, on the request of the counsel for either party or the motion of the court, a jury shall make the competency determination.  For purposes of the hearing, incompetency is presumed, and the defendant's competency must be proved by a preponderance of the evidence.  If after the hearing the defendant is again found to be incompetent to stand trial, the court shall issue a new order under Article 46B.0711, 46B.072, or 46B.073, as appropriate based on the defendant's current condition.|Added by Acts 2011, 82nd Leg., R.S., Ch. 822 (H.B. 2725), Sec. 12, eff. September 1, 2011.Amended by: Acts 2017, 85th Leg., R.S., Ch. 748 (S.B. 1326), Sec. 17, eff. September 1, 2017.|
TX Code Crim Pro art 46B.076 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46B - Incompetency to Stand Trial|Subchapter D. Procedures After Determination of Incompetency|Article 46B.076. Court's Order

(a)  If the defendant is found incompetent to stand trial, not later than the date of the order of commitment or of release on bail, as applicable, the court shall send a copy of the order to the applicable facility or program.  The court shall also provide to the facility or program copies of the following made available to the court during the incompetency trial:(1)  reports of each expert;(2)  psychiatric, psychological, or social work reports that relate to the mental condition of the defendant;(3)  documents provided by the attorney representing the state or the attorney representing the defendant that relate to the defendant's current or past mental condition;(4)  copies of the indictment or information and any supporting documents used to establish probable cause in the case;(5)  the defendant's criminal history record; and(6)  the addresses of the attorney representing the state and the attorney representing the defendant.(b)  The court shall order that the transcript of all medical testimony received by the jury or court be promptly prepared by the court reporter and forwarded to the applicable facility or program.|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. 11, eff. September 1, 2005.Acts 2007, 80th Leg., R.S., Ch. 1307 (S.B. 867), Sec. 5, eff. September 1, 2007.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 6.012, eff. April 2, 2015.Acts 2017, 85th Leg., R.S., Ch. 748 (S.B. 1326), Sec. 18, eff. September 1, 2017.|